La no revictimización en casos de violencia basada en género: un derecho humano-una obligación constitucional del Estado
This legal research report entitled "The non-revictimization in cases of gender-based violence: a human right - a constitutional obligation of the State" arises from the evidence of the constant and growing number of cases of gender-based violence and the cases of re- victimization that ar...
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| Formatua: | masterThesis |
| Hizkuntza: | spa |
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2023
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| Sarrera elektronikoa: | https://dspace.unl.edu.ec/jspui/handle/123456789/27891 |
| Etiketak: |
Etiketa erantsi
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Etiketa erantsi | Gaia: | This legal research report entitled "The non-revictimization in cases of gender-based violence: a human right - a constitutional obligation of the State" arises from the evidence of the constant and growing number of cases of gender-based violence and the cases of re- victimization that are generated as a result of it. In Ecuador, gender violence is a major problem that the State has had difficulties to control, since this problem does not end in the statistical data with high figures, because in addition to the fact that there is already a primary victimization that is acquired as a result of the commission of a crime, there is also a secondary victimization, known in our country as "revictimization", which is the response given by the State through the justice system to the victim, which in many cases, due to its wrongdoing, causes the person to relive the traumatic situation that can lead to irreparable damage to the psychological, emotional and social adaptation processes of the victim. With this, it is necessary to specify that the Constitution of the Republic of Ecuador within the Protection Rights in Art. 78 recognizes as a constitutional right the non- revictimization since it establishes that "the victims of criminal offenses shall have the right to special protection and shall be guaranteed not to be revictimized" (Constitution of the Republic of Ecuador, 2008). However, despite the fact that the constitutional right to non-revictimization is declared in our legislation, the reality is different, the victims, especially those who have suffered some type of violence, have been revictimized in many ways and some of them by officials or servants of the State apparatus, which makes us ask the following question: Does the State comply with not revictimizing the victims of violence? |
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