Incidencia de la violencia de género en la comunidad “El Cercado” en el cantón Cotacachi en el año 2017-2018: Una perspectiva desde la justicia indígena y el derecho positivo ecuatoriano

Abstract

In this paper on the Incidence of Gender-based Violence in the "El Cercado" Community It analyzes how the application of ordinary positive law affects the regulation of acts that constitute gender violence within the indigenous justice system in the community in question, located in the Cotacachi Canton. Research and studies on gender-based violence are presented. We worked with interviews with the Kichwa council (the president, vice president of the community and the president of the parish water board) as well as the women of the community "El Cercado" to know their position on the facts of gender violence and their opinion from the perspective of the ordinary and indigenous justice system and on the challenges they face in order to eradicate this situation. An anthropological and sociolegal approach is used, based on a qualitative theoretical analysis, with a level of exploratory, explanatory, and descriptive depth for the development of this work.It was concluded that the application of ordinary justice regulates acts of violence inasmuch as it has an established procedure and comprehensive reparation to the victim proportional to the damage caused, the doctrinal and legal postulates that evidence discrimination against indigenous women were examined, in Regarding the regulation of indigenous justice on issues of gender violence, it has to be said that it does not have a special treatment to regulate said violent acts, therefore there are no conditions that guarantee the protection of indigenous women in the Community.