Deber de investigación y femicidio en Ecuador: respuesta estatal a las víctimas (2014-2021) [Tema Central]

The State’s duty to investigate is one of the categories that makes up the duty of due diligence, as an obligation of the State in matters of Human Rights. In this context, the duty to investigate is a presupposition for the right to truth, justice and adequate reparation for victims. Consequently,...

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主要作者: Monteiro Santana García, Viviane (author)
格式: article
語言:spa
出版: 2024
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在線閱讀:http://hdl.handle.net/10644/10094
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總結:The State’s duty to investigate is one of the categories that makes up the duty of due diligence, as an obligation of the State in matters of Human Rights. In this context, the duty to investigate is a presupposition for the right to truth, justice and adequate reparation for victims. Consequently, the objective of this article is to analyze the effectiveness of the response of the Ecuadorian judicial system in the investigation of cases of femicide. To this end, a conceptual theoretical analysis was carried out, conceptually delimiting due diligence and the duty to investigate as fundamental axes to guarantee access to justice and effective judicial protection, from a qualitative approach and, subsequently, an exploratory study of the cases of feminicide that occurred in Ecuador between 2014 and 2021, based on descriptive statistics. In this way, it was possible to analyze the effectiveness of the response of the judicial system in the investigation of cases of femicide. The study shows that, in the majority of cases studied, due diligence was not observed nor was the duty of investigation fully complied with, which is why it is possible to affirm that access to justice was limited and it was not possible to ensure effective judicial protection for victims.