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
Keywords:
integral reparation, transformative reparation, structural discrimination, women’s rights, oppression, constitutional right, human rights, Constitutional Court, EcuadorAbstract
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