The integral and transformative reparation for victims of femicide

Abstract

Ten years after the criminalization of femicide in Ecuador, the discussion surrounding the Organic Law of Containment, Accompaniment, and Transformative and Integral Reparation for daughters, sons, mothers, fathers, and other family members of victims of femicide and other violent deaths of women —published in the Official Registry in June 2024— highlighted the tensions between the obligations of integral reparation from a jurisdictional perspective and the needs and aspirations of the victims and survivors of femicide. These individuals expect timely and effective responses from the State, starting from the moment the act occurs and throughout the processes of dignifying the mortal victim, accessing justice, and reestablishing the life projects of sons, daughters, or dependents. The article focuses on the duty to prevent gender-based violence against women and, consequently, the State's failure to act when such violence occurs. It also explains why the notion of transformative reparation is used as a bridge between comprehensive reparation in its legal nature and the State's duty of enhanced due diligence in the face of feminicidal violence.