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p-Index From 2021 - 2026
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All Journal Ius Humani. Law Journal
López Ruiz, Iliana
Unknown Affiliation
Arts Humanities Law, Crime, Criminology & Criminal Justice

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Vicarious violence and gender in the Andean Community: regulatory challenges with emphasis on the ecuadorian case López Ruiz, Iliana; Maldonado Erazo, Elizabeth; Burbano Coral, Veronica
Ius Humani. Jornal do direito v. 14 n. 1 (2025): Ius Humani. Revista de Derecho: Justicia, Proceso y Derechos Humanos
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v14i1.412

Abstract

The article analyzes vicarious violence as an extreme and specific manifestation of gender-based violence, characterized by the use of sons and daughters as instruments to emotionally harm women. Through a legal-dogmatic and comparative law approach, the paper also examines Ecuador's regulatory gaps, progress and challenges in Andean countries, and international human rights law standards. To achieve the research objective, a methodology of legal and documentary analysis is employed, aimed at systematically studying the normative treatment of vicarious violence as a specific manifestation of gender-based violence. The approach is based on a comprehensive review of national and international normative sources, relevant constitutional jurisprudence, specialized doctrine, as well as recent legislative proposals related to the subject. It concludes that the autonomous recognition of this form of violence, together with the adoption of intersectional public policies with a gender perspective, is essential to guarantee effective protection for women, children, and adolescent victims.
State and Human Rights: Challenges, Responsibility, and Compliance in the International Sphere López Ruiz, Iliana; Pineda Champutiz, Diana
Ius Humani. Jornal do direito Vol. 15 N.º 2 (2026): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v15i2.467

Abstract

This study analyzes State responsibility for human rights violations within the framework of international law. The central objective is to examine the legal foundations of this responsibility, the normative sources that support it, and the mechanisms for supervision and enforceability at the international and regional levels. Through a theoretical and doctrinal analysis, the study reviews the constitutive elements of the State and its essential functions in guaranteeing human rights, addressing the evolution of these rights and their relationship with international obligations. The methodology used is qualitative, based on a documentary review of international norms, jurisprudence, and specialized doctrine. Normative and critical analysis methods are employed to evaluate the relationship between State sovereignty and international commitments regarding human rights. Among the main findings, the study highlights that international law imposes on States the obligation to respect, protect, and guarantee human rights, which extends beyond their internal jurisdiction and entails supranational oversight mechanisms. The role of human rights protection systems, such as the UN and the Inter-American Court of Human Rights, is examined, identifying challenges in the effective implementation of their decisions. From this perspective, the article offers a critical reflection on the structural limitations of the international human rights protection system and highlights the need to strengthen domestic mechanisms for the implementation of international decisions.
Co-Authors Burbano Coral, Veronica Maldonado Erazo, Elizabeth Pineda Champutiz, Diana