El rol contramayoritario de la Corte Constitucional ecuatoriana

El trabajo se centra en la discusión de las ventajas y desventajas en la toma de decisiones por la mayoría de la Corte Constitucional del Ecuador, en específico en casos polémicos como “matrimonio igualitario” y “despenalización del aborto por violación” en sustitución de la Asamblea Nacional

In Pain You Shall Bring Forth Children“? – A Human Rights-Based Approach To Violence Against Women During Childbirth

Birthing people around the globe often experience violence during facility-based childbirth. Their testimonies speak of numerous forms of mistreatment: humiliations, negligence, threats and interventions without their informed consent such as episiotomies and caesarean sections. The COVID-19 pandemic exacerbated the conditions of care, as facilities were understaffed and birth companions were temporarily not permitted in the birthing room.
While health-care providers and activists have advocated against obstetric violence by releasing policies, the law still remains to be fully deployed in addressing this systemic form of violence against women.
Taking the CEDAW and the ECHR, this paper seeks to operationalize human rights standards to address obstetric violence and to analyse the transformative potential of a human rights-based approach. A painful birth is no biblical curse but often the result of discriminatory structures permitting violence in violation of human rights law.

The inconsistencies of age-related incapacity thresholds in international law: Child rape victims at a disadvantage

Over the past few decades, the definition of rape has been the focus of widespread attention in international law. However, the circumstance of age-related incapacity in its definition has been left unexplored. Whilst no definition of an age of sexual consent is found in international criminal law, though suggestions have been made in jurisprudence, other international legal frameworks have included clear and well-defined thresholds in their definitions, i.e. recruitment, trafficking, sale, prostitution, and pornography. This article argues that the vagueness of an undefined threshold in the rape definition, and the existing inconsistencies when compared to the other frameworks, are at odds with the evolving trends in international law on the treatment of consent and child victims. This leaves child rape victims at a comparative disadvantage, especially adolescent girls, who pervasively experience the consequences and harms derived from this vagueness and inconsistency.

What is Wrong with Intimate Partner Abuse and Why Its Criminalization might not be Right

Considering a contemporary debate between US and UK approaches, this article probes the appropriateness of criminalizing non-violent abuse in intimate partner relationships. Whereas US jurisdictions retain a traditional focus on physical injury, England and Wales enforce a novel prohibition on “controlling or coercive behavior”. While the US approach has been criticized as conservative, this article questions the progressiveness of the UK approach. It suggests, first, that in prohibiting “controlling behavior”, this approach presumes patriarchal control to be effective in the lives of intimate partners, notwithstanding its formal abolishment. Second, it suggests that such control is considered abusive because it manifests a supposedly oppressive use of authority. Drawing on these insights, this article concludes that the UK approach implicitly reaffirms patriarchy’s validity. Hence, this approach is less consistent than is its US counterpart with criminal law’s assumption of agency.

Being a Woman in Kyrgyzstan: Gender-Based Violence as a Human Rights Concern and Prospects of Its Legal Regulation

Being a traditionally oriented country, Kyrgyzstan remains a predominantly patriarchal society, which directly affects the position and human rights of women in the state; the issue of violence against women and girls takes one of the leading positions in Kyrgyzstan. Regardless of its almost 30 years of independence and seemingly attempts towards democratic society, such entirely traditional old-fashioned and obsolete practices as bride-kidnapping, ‘kelinism’ and child-marriages still exist in modern Kyrgyzstan. The research will explore comparable gender-based problems living in the country, such as domestic violence, including tangled by current COVID-19 conditions and introduce readers to specific forms of VAW in Kyrgyz society, prescribed by its traditionalism and socio-cultural practice. Further, the study will analyze the international human rights and national legal response to VAW, supported with critical observations of the (in)effectiveness of the gender policy in Kyrgyzstan.