Domestic violence in Ecuador

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The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by the United Nations General Assembly on December 18, 1979,^[5] signed by Ecuador on July 17, 1980, and was approved and came into force in 1981 during the presidency of Osvaldo Hurtado Larrea.^[6]

The Convention of Belém do Pará was adopted in 1994, which acknowledges that women have the right to live without violence, defines acts of violence against them, and highlights that such violence infringes upon human rights and essential freedoms.^[7] During the same year, the first women's police stations were created in Ecuador.^[8]

In 1995, the Beijing Declaration and Platform for Action was adopted, marking a significant milestone in global efforts to advance gender equality and women's rights.^[9] Later that year, in November, Ecuador enacted the "Law Against Violence Toward Women and the Family," also known as Law 103, This law established the state's responsibility to intervene through the justice system to address and combat violence against women and families.^[8]

The Ecuadorian State, through Decree 620 on September 10, 2007, established the construction of the National Plan for the Eradication of Gender-Based Violence against girls, boys, adolescents, and women (2007-2010). As part of this plan, strategic pillars were included, such as the transformation of sociocultural patterns, the construction and strengthening of the comprehensive protection system, access to justice – institutional framework, and the construction and implementation of a registration system.^[10]

On October 20, 2008, the new Constitution of the Republic established priority, preferential, and specialized care in which older adults, children, adolescents, pregnant women, people with disabilities, prisoners, and those suffering from catastrophic or high-complexity diseases will receive prioritized and specialized care in both public and private sectors. Similarly, priority care will be given to individuals in risky situations, victims of domestic and sexual violence, child abuse, and those affected by natural or man-made disasters. The State will provide special protection to individuals facing double vulnerability ^[11]

On 2011, The National Council for Gender Equality, the National Institute of Statistics and Censuses, and the Ministry of the Interior conducted the first National Survey on Family Relationships and Gender-Based Violence Against Women in 2011. This survey examines the various forms of violence (physical, psychological, sexual, and economic) that women have experienced throughout their lives, in both public and private spheres, as well as their awareness of or search for services and avenues for justice.^[3]

In 2014, to promote more equitable justice, several reforms were made to the Comprehensive Organic Penal Code (COIP) in Ecuador, femicide and discrimination were classified as a criminal offense. Sanctions were established for violence against women or members of the family unit, and the violation of privacy was also classified as a crime.^[12]

In January 2018, the National Assembly of Ecuador approved the Comprehensive Organic Law to Prevent and Eradicate Violence against Women, which came into effect upon its publication in the Official Register No. 175 in February of the same year. This law is applicable throughout the entire national territory and to all women residing in the country. Its primary goal is to prevent and eliminate all forms of violence against women through four key areas: prevention, care, protection, and redress.^[13]

In 2019, the second National Survey on Gender-Based Violence against Women was conducted. Unlike the 2011 survey, the 2019 version provided a more in-depth investigation into violence by type and in each area. The methodological and operational structure of the survey was updated with new regulatory and conceptual frameworks, allowing for more accurate and comprehensive data. The 2019 survey not only examines violence experienced by women throughout their lives, but also focuses on incidents in the past 12 months. It also introduced new topics, including gynecological-obstetric violence, and made a preliminary attempt to study cyber violence and political violence.^[14]

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The extent of domestic violence is difficult to estimate, due to differing definitions of abuse and due to problems with self reporting in studies.

Data from the 2004 survey with the collaboration between the Pan American Health Organization and the Centers for Disease Control and Prevention, with technical input from MEASURE DHS, ICF International reveal^[15] l:

• 32.4% of the women interviewed aged 15–49 said they had suffered physical or sexual violence by a current or former partner.
• 38.2% of the women interviewed justified wife beating in certain circumstances. The most common reason for justification was when the wife "is or is suspected of being unfaithful" with 29.9% of women justifying wife beating in this situation.

Data from the 2011 Survey on Family Relations and Gender-Based Violence against Women, carried out in Ecuador, reveal that female population aged 15 and older:^[3]

• 1 in 2 women (48.7%) have experienced some form of aggression from the men with whom they have or had an intimate or romantic relationship. Psychological aggression is the most frequently reported, affecting 43.4% of women, followed by physical aggression at 35%.
• At least 1 in 4 women reported that the aggression from their husbands, boyfriends, or partners occurred very frequently—regardless of the type of violence—whether physical (22.5%), psychological (27.9%), sexual (27.4%), or economic (31.6%).
• 47.4% of the women who experienced abuse identified it as male jealousy the main trigger behind violent behavior by a partner.

Data from the 2019 Survey on Family Relations and Gender-Based Violence against Women, carried out in Ecuador, reveal that female population aged 15 and older:^[3]

• 65 out of every 100 women have experienced some form of violence at some point in their lives.^[16][14]
• Over the course of their lives, 43 out of every 100 women in Ecuador have experienced some form of violence at the hands of their partner. Psychological aggression is the most frequently reported, affecting 40.8% of women, followed by physical aggression at 25%.
• 57 out of every 100 women believe that women should behave and dress modestly in order to avoid provoking men.

The femicide rate in Ecuador has been increasing over the past decade, reaching a peak of 332 reported femicides in 2022 and staying relatively high ever since.^[17] Although Ecuador's rate of 1.2 femicides per 100,000 women is lower than the United States (which in 2023 reported a femicide rate 2.6 per 100,000 women), a 2017 study published in the Qualitative Sociology Review found that Ecuadorian women often under reported abuse because they do not trust Ecuador’s legal institutions; thus, it is largely considered that for crimes such as domestic violence, Ecuadorian men “are able to act with impunity.”^[2]

According to the 2022 report on femicides in Ecuador by the Asociación Latinomericana para el Desarrollo Alternativo (ALDEA), the vast majority of perpetrators have an existing relationship with the victim.^[18]

• 72% had a current or previous romantic relationship
• 9% had a familial relationship
• 15% had no past or present relationship of any kind

In 2010, the Transitional Commission to the National Council for Women and Gender Equality decided to scale up the campaign "Reacciona Ecuador, el machismo es violencia" (React, Ecuador — Machismo is Violence) The initiative aimed to deliver a clear and direct call to break away from the social and cultural inertia that normalized machismo. As part of this effort, an audiovisual production was created, including television and radio ads. These pieces were notable for presenting the issue of machismo in an uncommon and striking way, conveying powerful messages that illustrated gender inequality and the violent treatment many women endure.^[19]

In 2013, the “Ecuador actúa ya. Violencia de género, ni más” (Ecuador Acts Now: No More Gender-Based Violence) campaign was launched under the leadership of the Ministry of the Interior. The initiative focused specifically on violence against children and adolescents. During the first quarter of 2014, the campaign was broadcast across television networks and shown in movie theaters throughout the country. It featured four public service announcements addressing different forms of abuse, including physical and sexual violence, general violence, and peer-to-peer aggression.^[20]

In 2022, the campaign "¡Rompe el silencio!, llama al 9-1-1" (Break the Silence! Call 9-1-1) was launched as part of a national effort to combat domestic violence. This initiative, led by Ecuador’s ECU-911 emergency response system, aims to raise public awareness by sharing messages through its official communication channels. The campaign encourages citizens to take an active role in preventing and reporting domestic abuse. Its core message urges people to take action if they witness violence in their neighborhoods, families, or social circles.^[21]

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Although prohibited by law, domestic violence in Ecuador is widespread, identified as a pervasive issue and its prevalence remains high,^[22] while case resolution rates continue to be low. Testimonies from both survivors and justice system professionals highlight the urgent need for improved training of officials and the allocation of sufficient resources to the institutions responsible for enforcing the law. Cultural and social barriers still pose major obstacles to reporting abuse and ensuring effective intervention.^{[23][24][25][16]}

Evaluations of public policies indicate that, although there are some promising prevention programs and victim support services in place, their impact varies significantly depending on the region and the availability of resources. Awareness campaigns have contributed to shifting certain public attitudes, but a sustained effort is still needed to challenge and dismantle the deep-rooted cultural norms that perpetuate domestic violence.^[26]

Family courts can impose fines for domestic violence, and have the power to remove an abusive spouse from the home.^[22] Ecuador has created specialized judicial units under the Ministry of Justice, with judges specializing in family violence. Serious cases of abuse can be referred to the Office of the Public Prosecutor for prosecution.^[22]

The Judicial Council expanded judicial coverage. There were 357 judges with the authority to oversee and resolve these cases, including 115 who are specialized in this area.Across the country, 173 judicial units handle cases of violence against women and family members—39 are specialized units, and 134 have general jurisdiction. Additionally, 240 professionals, including doctors, psychologists, and social workers, form technical teams that offer support services to victims.^[27]

Between 2014 and 2023, Ecuador’s Judicial Council recorded 498,344 cases of violence against women or family members. However, only 31.63% of these (157,689 cases) resulted in a formal sentence, leaving over 340,000 cases unresolved. Notably, 51.32% of the rulings issued were acquittals, suggesting that a significant number of complaints did not lead to sanctions. This may reflect a broader issue within the judicial system, such as a lack of understanding or sensitivity to the power imbalances and coercive dynamics that often characterize gender-based violence.^[28]

La Ley Contra la Violencia a la Mujer y la Familia (Law on Violence against Women and the Family) is Ecuador's principal law dealing with domestic violence.^[29] In addition, a new Criminal Code came into force in 2014, which also addresses domestic violence.^[30]

• Sexual abuse laws list a minimum punishment of 3 years and a maximum punishment of 10 years in prison.^[31]
• Rape laws list a minimum punishment of 19 years and a maximum punishment of 26 years in prison.^[31]