Responsibility for the repair of damage for the crime of femicide in cases of death of victims in Ecuador

challenges and legal considerations.

Abstract

According to official 2022 statistics, Ecuador faces the stark reality of one femicide occurring approximately every 26 hours, signaling a pressing need for effective public policies and a robust justice system. Recent prison crises and escalating violence underscore the urgency of addressing this issue, prompting a thorough examination of responsibility for harm and victim compensation, particularly in cases where perpetrators evade justice. Internationally, comprehensive reparation, as defined by the Inter-American Commission on Human Rights (CIDH), extends beyond mere economic compensation, encompassing tangible and symbolic measures to mitigate harm. In Ecuador, mechanisms of comprehensive reparation serve as vital tools for judicial authorities to address the needs of victims, regardless of the perpetrator's circumstances or willingness to provide restitution. As outlined in Article 78 of the Comprehensive Organic Criminal Code and the Constitution, compensation emerges as a crucial aspect, primarily focusing on tangible losses and quantifiable monetary reparations. Judicial courts distinguish between indemnification, aimed at material damages and lost profits, and compensation, addressing intangible harm such as psychological and emotional suffering. This dual approach ensures a comprehensive response to the multifaceted impacts of violence, encompassing both measurable and subjective aspects of victimization.