La no aplicación del debido proceso en la justicia indígena y la vulneración de los derechos humanos

The objective of this study was to analyze the lack of implementation of due process in Indigenous justice in Ecuador and its impact in the violation of human rights, proposing mechanisms that respect the cultural traditions and the fundamental principles of justice. A qualitative approach was applied based on the documentary analysis of laws, international treaties, constitutional jurisprudence and the analysis of previous cases on indigenous justice and human rights. This approach allowed an understanding of the tensions between the ordinary justice system and indigenous justice systems. The findings showed that despite the Ecuadorian Constitution recognizes the indigenous system as an expression of juridical pluralism, its application has faced significant challenges. Some analyzed cases revealed violations such as the imposition of traditional punishments considered cruel or degrading, the lack of prior investigation, and limitations on the right to the presumption of innocence, which contravene international human rights standards. However, its role in community cohesion and its restorative approach were also highlighted. In conclusion, it was determined that the indigenous justice requires adjustments to assure the accomplishment of due process without jeopardizing the cultural autonomy. It is recommended to create clear legal protocols to harmonize both systems, to enforce the capacities of the indigenous authorities in human rights and establish mechanism of coordination between state and indigenous justice. These measurements will contribute to a system that respects and includes cultural diversity and fundamental rights.

• 主要作者: Basantes Horna, Erika Gabriela (author)
• 格式: bachelorThesis
• 语言: spa
• 出版: 2025
• 主题: JUSTICIA INDÍGENA; DERECHOS HUMANOS; PLURALISMO JURÍDICO; DEBIDO PROCESO; VULNERACIÓN DE DERECHOS
• 在线阅读: https://dspace.uniandes.edu.ec/handle/123456789/18883