Judicialization of Gender-Based Violence: Implementation of the Gender Perspective as an Analytical Category in the Courts

Abstract

This academic article explored the judicialization of gender-based violence and the adoption of agender perspective as an analytical tool in courts. The research focused on how this perspective was appliedin judicial proceedings concerning gender-based violencecases, particularly femicides. To demonstrate its implementation, four paradigmatic rulingsobtained from the SATJE platform were analyzed using a qualitative methodology rooted in social sciences. The study examined how judges incorporated the gender perspective in legal argumentation, the use of international instruments and agreements, the evaluation of evidence, the determination of responsibilities, and the implementation of reparative measures. Additionally, it includedtheoretical analysis from feminist scholars such as Rita Segato and Diana Maffía, alongside a review of international humanrights instruments and agreements adoptedby Ecuador.