In Cuenca, one of Ecuador鈥檚 largest cities, , even though a strong legal framework is in place to deal with it [4]. Rooted in ideas of Buen Vivir (鈥渢he good life鈥), the constitution of 2008 called for a protection of life, with a special mention of women [4]. However, rather than protecting citizens, the constitutionalising of Buen Vivir has resulted in the loss of protection against violence for women and a continuation of colonial violence. Why is this the case?
used to describe an alternative to development and in English, it translates to 鈥渢he good life鈥. It believes well-being is only possible through community and protecting nature [1]. Moreover, it is an anti-colonial [3]. In Ecuador, this concept was constitutionalised by former President Rafael Correa in 2008 and gender was placed as a key area of focus [2]. Protecting women from violence thus forms part of community well-being and BV.
However, the and there is a difference of vision between the policy makers and civil society [2]. The constitutionalising of BV resulted in the un-doing of feminist activism that took place throughout the 1990s. Women鈥檚 rights activists encouraged the passing of Act 103, meaning any violence that did not result in physical marks would be dealt with under rapid civil procedure [2]. Significantly, it provided women with immediate protection from violence without facing a court case. The 2008 constitution resulted in this act being replaced with the 2014 penal code transforming certain acts of VAW from misdemeanours to criminal offences [4].
Consequently, it became more difficult for women to be protected from their abusers, even though the law was more powerful. and the law no longer offers immediate protection from abusers [4]. Moreover, survivors of VAW prioritised protection, which could now only be achieved through conviction and often the trial would be dropped before that would happen [4]. The constitutionalising of BV has evidently failed these women and instead, has resulted in a system that is not fit for purpose and distant from the experiences of the women it set out to protect.
It is possible to attribute this failure to how the constitutionalising of BV did not truly break from colonialism. ; there is a belief that masculinity and femininity balance each other, with no hierarchy between them [2]. Colonialism has imposed a gender hierarchy in Ecuador [2]. Rather than seeking to . The inclusion of 鈥榯he nuclear family鈥 into the code targeting VAW indicates the legislature wanting to uphold colonial notions of a male headed household and marriage, rather than shifting towards more equal rights [2].
The constitutionalising of BV had the potential to limit and rethink VAW. This has not been the case and instead, through a strengthening of laws and failure to listen to the needs of women, violence is now more difficult to be protected from.
Reference list
- Gudynas, E. (2011). Buen Vivir: today鈥檚 tomorrow. Development, 54(4), 441-447.
- Tapia, S. (2016). Sumak Kawsay, Coloniality and the criminalisation of Violence Against Women in Ecuador. Feminist Theory, 17(2), 141-156.
- Radcliffe, S. (2017). Tackling Complex Inequalities and Ecuador鈥檚 Buen Vivir: Leaving no-one Behind and equality in diversity. Bulletin of Latin American Studies, 1-22.
- Tapia, S. (2021). Beyond Carceral Expansion: Survivors鈥 Experiences of Using Specialised Courts for Violence Against Women in Ecuador. Social & Legal Studies, 30(6), 848-686.
Written by Ciara Bridgeman, an International Development masters student.
