Ineficacia del sistema de protección a víctimas de violencia de género en Ecuador.

Abstract

One of the challenges facing the State is ensuring a legal system that guarantees the effective protection of fundamental rights—such as the right to a life free from violence. Given this reality, it must be acknowledged that the mere existence of a regulatory framework does not, in itself, constitute a sufficient guarantee of protection; rather, there is a need for the monitoring, implementation, and oversight of protection measures. This highlights the gap between the protection recognized in legal instruments and the actual protection victims receive, necessitating an analysis of whether Ecuador currently ensures effective protection against violence. Consequently, it is essential to establish that the efficacy of protection measures within a rule-of-law state like Ecuador requires clear protection—free from re-victimization or bureaucratic hurdles that might cause a victim to abandon the process of reporting their aggressor. A failure to achieve this results in the denial of victims' rights to a life free from violence and undermines the principle of legal certainty enshrined in the Constitution of the Republic of Ecuador. Therefore, the legal objective of this research is to analyze whether the current system guarantees effective protection in accordance with the *Organic Law on the Prevention and Eradication of Violence Against Women*. The study aims to propose a reform designed to strengthen the implementation of these measures, define responsibilities, and incorporate monitoring mechanisms that ensure real and effective protection of victims' rights.