On May 28, 2024, Ecuador’s National Assembly passed the Organic Law on Accompaniment, Transformative and Comprehensive Reparation for the families of the victims of femicide/gender-based violent deaths (June 27, 2024). One month later, President Noboa decided not to veto the law in any of its provisions, meaning that the law came into force. Against all odds, both State powers realized that it was time to be accountable to the families of those who have fallen victim of gender-based violence. This accomplishment belongs to the approximately 1800 victims of femicide and gender-based violence deaths, reflecting years of advocacy by feminist organizations.

Background

Since 2015, most femicide judgments in Ecuador fail to issue redress, often confusing comprehensive reparation with compensation. Critical aspects such as restitution, rehabilitation, satisfaction, and guarantees of non-repetition are frequently overlooked, and the needs of orphaned children largely ignored.

By 2020, member of Parliament Dallyana Passailaigue (key ally for the approval of the 2018 Comprehensive Law on Violence against Women) and her adviser, Verónica Cáceres, were ready to address the lack of redress through a new legislative proposal with the support of a Masters student from the University of Oxford. The first draft was elaborated between 2020 and 2022 with the support of the victims’ families. Contributions from litigants and activists were also crucial to improve the document and to include not only children as rightsholders, but also parents and other family members. This addition was based on reports drafted by Ecuadorian Civil Society Organizations to the UN High Commissioner for Human Rights (OHCHR) in relation to the Universal Periodic Review.

Legislative Path

The ambitious bill was presented to the Parliament in September 2022. It addressed the systemic failures and lack of justice and recognized intersectional discrimination. It included elderly parents and disabled dependents. The legislation aimed to not only to address comprehensive reparations, but gender-transformative redress, following International Human Rights Law standards i.e. the landmark judgment of Gonzalez, Herrera, and Ramos (“Cotton Field”) v. Mexico (2009) and reports from several UN Special Rapporteurs on VAW. This approach has also been endorsed by academics.

The path to approval was rocky and uncertain, with many obstacles presenting themselves along the way. Overall, there was a lack of political will and even disrespect to the families were present. Ensuring all facets of support was not easy to defend at the National Assembly, and the Parliament was even closed for many months. In the end, the bill was weakened due to many factors. For instance, the obligation to have a registry on orphaned children or the sanctions for civil servants that do not comply with the law were eliminated by the parliamentarians.

The law’s passage in June 2024 showed a real collective effort by committed advisors at the National Assembly’s Commission chaired by Paola Cabezas, Parliamentarian Passailaigue’s oversight, international organizations and civil society support, but above all, the relentless and impeccable endeavour of the victim’s mothers. Despite the difficult environment at the Parliament, the National Assembly found a united voice against deaths of girls and women.

After the Parliament’s unanimous approval, most organizations feared a partial or total veto by the President, who had a month to make observations or to completely veto the bill. On June 27, 2024, the President decided to use his attribution not to make any objections and send the bill directly to the Official Gazette so the law can be instantly promulgated. At this point the passage of the law was official.

Implications and Significance

As Gabriela Espinoza, Ecuadorian constitutional lawyer once mentioned “reparations serve as a tangible demonstration of respect for and guarantee of human rights”. This law marks a significant milestone in the fight for justice and represents a historical step for mothers who have suffered unimaginable loss. It is not merely a response to the current security crisis, but rather a clear response to the violence pandemic and the culmination of years of research and advocacy. It sets a global precedent for the rights-based and intersectional approach to gender transformative reparations. Moreover, it is the testament of the terrifying experiences of the affected families.

As Judge Antônio Cançado Trindade eloquently stated: “…tragedies are also concerned with the need for justice, and, from early on, they have also entailed a certain ritual to honour the deceased”. This law, that began as academic research for the University of Oxford, represents a form to honour the victims, which was the real aim of this bill. Although the law is not perfect, it will serve as the instrument that families can count on to demand the recognition of their human rights going forward.