On feminicide and legal norms: a critical analysis from the ecuadorian legal and social sphere

Abstract

This study aimed to analyze femicide in Ecuador during the period 2014–2025, based on the relationship between legal norms and the social factors that influence its configuration as a structural phenomenon. The research was conducted using a qualitative, critical, and socio-legal approach, employing a documentary-analytical design that included a review of current legislation, Constitutional Court rulings, specialized literature, and the study of five emblematic cases, also considering an intersectional approach. The results showed that, despite the criminalization of femicide in the Comprehensive Organic Criminal Code, approximately one-third of cases continue to be registered as common homicide, reflecting deficiencies in the legal classification of the crime, institutional underreporting, and the persistence of judicial practices with gender bias. Furthermore, it was identified that factors such as ethnicity, social class, and geographic location condition access to justice and protection for victims, primarily affecting women in vulnerable situations. It is concluded that femicide in Ecuador is not an isolated incident, but rather a structural phenomenon sustained by legal limitations, institutional weaknesses, and patriarchal sociocultural patterns. In this regard, a comprehensive approach is required that integrates legal reforms, institutional strengthening, gender-sensitive education, and intersectional public policies aimed at guaranteeing the prevention, punishment, and effective redress of this crime.