Indigenous women and gender-based violence in the legal analysis of individual and collective rights

Abstract

This study analyzed the relationship between the individual rights of Indigenous women and the collective rights of Indigenous peoples and nationalities in Ecuador, within the framework of gender-based violence, from a doctrinal, constitutional, and intercultural perspective. Although the 2008 Constitution recognizes plurinationality and legal pluralism, gender-based violence persists as a structural problem that affects Indigenous women in a differentiated manner, as they face accumulated forms of discrimination associated with gender, ethnicity, poverty, territory, and linguistic barriers. Methodologically, the research adopted a qualitative approach with a descriptive and narrative strategy, through a systematic documentary analysis of doctrine, legal norms, case law, and international instruments. The findings show that the coexistence between individual and collective rights is not incompatible, although it generates tensions in the treatment of gender-based violence cases within Ecuadorian legal pluralism. While cultural autonomy and Indigenous justice are essential pillars for the historical and organizational continuity of Indigenous peoples, dignity, integrity, and the right to live free from violence operate as substantive limits that no community practice may transgress. The study concludes that closing the gap between normative recognition and effective guarantees requires intercultural coordination, reinforced due diligence, and culturally appropriate public policies that strengthen the protection of Indigenous women.