Delito de odio hacia la comunidad LGBTIQ+ en la Legislación Ecuatoriana. 2022.

Abstract

This research addresses the legal vacuum in Ecuadorian legislation regarding the protection procedure against hate crimes against the LGBTIQ+ community. Despite constitutional mandates and existing norms, there are perceived deficiencies in the implementation of special and expeditious procedures to address these crimes, which affects the effective protection of victims. The methodology employed is descriptive and qualitative, using deductive, inductive, analogical and analytical methods. A comparative analysis of regulations was carried out and official documents and relevant literature were reviewed to build a solid theoretical framework. Rigorous criteria were applied for the selection of documents, ensuring the quality and relevance of the information gathered. The research identified a significant legal vacuum in the Ecuadorian legislative framework, where the Comprehensive Organic Penal Code (COIP) has not established adequate special procedures for the prosecution of hate crimes against the LGBTIQ+ community. A lack of coordination between constitutional norms and applicable laws was evidenced, as well as insufficiencies in the protection and access to justice for victims of these crimes. The study concludes that Ecuadorian legislation needs to be reformed to implement special and expedited procedures that comply with the requirements of Article 81 of the Constitution.