Structural Discrimination as a Nexus of Transformative Reparation: Analysis of the Judgments No. 3-19-JP/20 and Accumulated and No. 202-19-JH/21

Abstract

This paper aims to compare the concepts of integral and transformative reparation in cases of structural discrimination based on a comparative analysis of Judgments No. 3-19-JP/20 and Accumulated and No. 202-19-JH/21 by the Constitutional Court of Ecuador. In carrying out this reflection, a qualitative methodology was applied from documentary analysis techniques. The selected judgments show structural discrimination that women experience in their daily life due to a patriarchal system of society, but that constitutional law has the potential to modify through the development of appropriate reparation measures. This approach deepens material equality as it