El derecho constitucional de acceso a la justicia de las víctimas de violencia de género: la violencia psicológica en el cantón Cuenca con entrada en vigencia el Código Orgánico Integral Penal

Abstract

This research project has tried to analyze the route of enforceability of the rights of victims of psychological violence since its standardization as a crime since 2014. The research focuses on the Alda Facio’s proposal (1999) to auscultate the components: normative-formal, structural and political-cultural. This process shows a system that acts against protecting the human rights of women. This also shows the legislative poverty in the standardization, privileging a previous evidence by a result that must be inserted in a psychological expertise, indispensable requirement often unattainable that has generated total impunity. An insensitive institutional structure that minimizes the treatment of gender violence. Designated State delegates without expertise and adequate training that disregards a constitutional duty to guarantee specialized justice. An inactive system is revealed that endorses the initiative of the process to the victims. The judicial public service is adapted to the current system, normalizing the service without priority. Among the few resolutions that have been issued, the comprehensive redress does not comply with constitutional parameters. There is a state debt in the consolidation of the route of enforceability of the rights of victims of gender violence that does not allow a transition with a focus on gender and human rights.