Digital gender violence and the ineffectiveness of comprehensive reparation mechanisms

Abstract

Within Ecuador, various forms of violence against women have been classified with the aim of eradicating and sanctioning such violence. However, under Ecuadorian legislation—specifically the Comprehensive Organic Criminal Code (COIP), which is the legal framework responsible for penalizing unlawful behavior—this particular type of violence has not been explicitly codified. As a result, there are no effective or efficient mechanisms for reparation that restore the fundamental rights violated against victims.This academic article therefore aimed to analyze this form of violence and the inefficiency that exists in achieving comprehensive reparation for victims. The methodology employed followed a qualitative approach, using descriptive, analytical–dogmatic, and comparative methods. The main research instruments consisted of academic databases and legal repositories, which revealed that, unlike several Latin American and European countries, Ecuador has not yet legally recognized gender-based digital violence, even though it is an evident social problem.It has not been typified as a specific criminal offense, meaning that no corresponding penalties or procedures for comprehensive victim reparation have been established. This omission perpetuates the violation of victims’ fundamental rights and contributes to the uncontrolled rise of this phenomenon within the country. Consequently, it is essential for the law to evolve in line with technological progress and for gender-based digital violence to be recognized across all legislation protecting women, alongside the creation of adequate mechanisms for comprehensive reparation.