La protección del derecho a la igualdad de las mujeres: análisis de las sentencias emitidas por la Sala de Familia de la Corte Nacional de Justicia del Ecuador (2012-2016)

Abstract:

The right to equality is a fundamental one of the human condition, it has always been within the desires of people, especially those people and social marginalized groups. It has been a reason for analysis, changes and reforms in its conceptualization, scope of application and protection, so this study tries to address its progress in history, how it has developed in Ecuador particularly in family law, where it shows the great difficulties we have had and has this right to materialize in the lives of women. It is this human right, which allows us to establish how women have been discriminated against and marginalized in the social, political, economic, and development fields. The study analyzes the inequality of women in the space where they are responsible for reproduction and care, such as family and marriage, which is considered private and exclusive of them and which has proved to be the source of oppression, marginalization, violence that has imposed the patriarchy for its domination and limit its access to other areas. The techniques are based on legal, doctrinal, jurisprudential study to determine how the right to equality of women is guaranteed. In the case of the jurisprudential study (case studies-casuistic investigation with qualitative and deductive probative principle), the 22 sentences issued in the years were analyzed: 2014, 2015 and 2016 by the Family Court of the National Court of Justice. With this, it is considered that complete information was obtained regarding the right to equality and the gender approach; which gives reliability to this research.

Año de publicación:

2020

Keywords:

• DERECHO CIVIL
• familia
• género

Fuente:

rraae