Andares: Revista de Derechos Humanos y de la Naturaleza
Andares: Journal of Human and Nature Rights is an academic publication of the Andean Human Rights Program (PADH) at Universidad Andina Simón Bolívar, Sede Ecuador. The journal fosters academic reflection and publishes original essays and research findings in both Spanish and English. Its purpose is to bring together diverse perspectives, disciplines, and practices on human and nature rights, offering an interdisciplinary, critical, and evolving approach deeply rooted in context, designed to encourage ongoing exploration and dialogue.
Universidad Andina Simón Bolívar, Sede Ecuador
Methodological Implications in the Analysis of the Right to Early Childhood Education for Children of Incarcerated Mothers in Detention Centers
This article examines early childhood education for children living with their mothers in contexts of incarceration, focusing on the implementation of public policies promoted by the State to ensure effective access to this right. The objective is to analyze the conditions under which the right to education is exercised by children residing with their mothers in Pichincha No. 3 Correctional Facility, in order to identify potential violations of this right within the framework of the 2020–2025 Palabras clave National Policy on Social Rehabilitation (PPRS). The study employs a qualitative methodology that includes document analysis, primary data collection through interviews with specialized officials, and participant observation as a non-invasive data gathering strategy, supported by ethical considerations that ensure the validity of the research. Findings reveal that although some basic needs are addressed by available services, significant limitations remain in recognizing the children of Pichincha No. 3 as full rights-holders and in providing the necessary protective measures to ensure their holistic development. The article highlights gap in current public policy and proposes a more inclusive approach to guarantee the right to education for these children, promoting their well-being and development within a safe environment.
children in contexts of deprivation of liberty
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Workplace Discrimination Based on Mental Health: An Unresolved Human Rights Debt
This academic article analyzes workplace discrimination based on mental health status, a phenomenon that continues to persist in professional environments, particularly within the public sector in Ecuador. The main objective is to identify indirect forms of discrimination faced by workers with mental health disorders and to assess the effectiveness of current legal frameworks in preventing such practices. The methodology employed is qualitative, with a legal-descriptive approach, grounded in the analysis of national and international legislation, jurisprudence, and legal doctrine. Key findings reveal significant regulatory gaps and a lack of appropriate institutional mechanisms to protect this vulnerable group against arbitrary dismissals and failures to prevent psychosocial risks. The article concludes that, despite the formal recognition of the human right to mental health, its legal development and practical enforcement remain outdated and insufficient. It proposes concrete actions to strengthen the interpretation of the right to non-discrimination, including the recognition of mental health status as a suspect classification, in order to implement affirmative measures for the real and effective protection of workers in all employment-related contexts.
Methodological Challenges in the Exploration of Violence against Trans People Deprived of Liberty in the Ecuadorian Penitentiary System: Helen Maldonado Case
During the period 2021-2023, Ecuador experienced one of the worst prison crises. It was a time marked by serious structural problems due to an inadequate prison policy, which led to overcrowding and produced an escalation of violence never seen before that resulted in multiple prison massacres. This article aims to make visible the situation of violence suffered in prison contexts by trans women deprived of liberty who are placed in male wards without considering their gender identity. In addition, alternatives are explored to achieve comprehensive reparation represented by investigating issues of serious violations of human rights. To do this, the case of Helen Maldonado will be studied, a trans woman who in 2021 was held in the male ward of one of the mega-prisons built in Ecuador, called Penitenciaría del Litoral, where she was murdered during a riot. The dichotomous penitentiary construction deepens the problems of these historically discriminated groups, causing the failure to observe their intersectionality and preventing them from exploring forms of comprehensive reparation in cases of serious violations of their human rights. What is not spoken cannot be repaired. in these complex cases, as well as to raise the methodological challenges
right to equality and non-discrimination
Living Heritage, Intercultural Dialogue, and Territorial Defense: The Training of Grassroots Cultural Experts in Ecuador
This article analyzes an intercultural pedagogical experience: the course “Community Expertise and Other Forms of Knowledge in the Protection of Natural and Cultural Heritage,” held in 2024 and aimed at members of Indigenous and rural communities whose territories are in conflict with extractive industries. The course brought together students from diverse geographical and ethnic backgrounds, challenging the traditional conception of heritage as an inert object and instead proposing a perspective that integrates nature and culture as living and relational subjects. The methodology was grounded in the recognition of territorial and epistemic diversity, incorporating ancestral knowledge systems. The findings suggest that heritage should be understood as a dynamic web of relationships, where expertise does not reside exclusively in academic institutions but in those who inhabit and care for their territories. Moreover, the course highlighted the tensions between the constitutional recognition of the Rights of Nature and the extractivist policies of the State. This underscores the need to develop new territorial defense strategies that integrate situated knowledge and community-based perspectives. Centro de Estudios Sociales, Universidad de Coimbra (ERC. nº 101002359).
Human Mobility and Homelessness: A Methodological Approach to Analyzing Policy Responses to Socially Excluded Populations
The integration of diverse methodological approaches in human rights research enables broader and more nuanced perspectives on complex social problems, and supports the design of intervention strategies that are reliable, comprehensive, and capable of generating long-term impact. Based on this premise, the present article outlines a methodological proposal characterized by the combination of multiple forms of knowledge to generate clear and rigorous evidence. This evidence was used as the foundation for developing policy guidelines on human mobility promoting social and economic integration for Venezuelan nationals experiencing homelessness. The proposed guidelines were shaped by theoretical findings, the highest standards of human rights protection, and the direct voices of individuals living through this reality. Furthermore, the article discusses the importance of establishing investigative methods that inform advocacy strategies capable of producing structural change and advancing the realization of rights for all social groups—especially those in conditions of disadvantage and exclusion. for the Metropolitan District of Quito, aimed at ensuring access to rights and promoting social and economic integration for Venezuelan nationals experiencing homelessness. The proposed guidelines were shaped by theoretical findings, the highest standards of human rights protection, and the direct voices of individuals living through this reality. Furthermore, the article discusses the importance of establishing investigative methods that inform advocacy strategies capable of producing structural change and advancing the realization of rights for all social groups—especially those in conditions of disadvantage and exclusion.
Gender Perspective Applied to Forensic Investigations of Femicide Through Interviews with Indirect Victims: A Case Study
This article explores the importance of including interviews with secondary victims in the development of gender-context forensic assessments in femicide cases, as a key tool for information gathering. The objective is to identify the gender-based motives that drive perpetrators to kill women because of their gender, using testimony from close relatives such as children, siblings, and the victim’s mother, whose proximity allows them to provide valuable insights into the dynamics of the case. The inclusion of this methodological tool is recommended due to the persistent difficulty in prosecuting these crimes, as justice system actors often limit their forensic analysis to the violent act itself, neglecting the broader context. Additionally, the article proposes the use of the Feminist Ecological Model as a theoretical framework to analyze how different forms of violence operate simultaneously. The aim is to demonstrate the relevance of a gender perspective not only in the research design, but also in the organization and analysis of findings, ensuring that victims receive truth, justice, and reparation.
Strategic Litigation and the Justiciability of the Right to Water in Ecuador: A Methodological Proposal Based on the Canoa-Miduvi Case24
This article aims to analyze the methodological strategies employed to bring Protection Action No. 13245202000004, known as the Canoa Miduvi Case, before the Constitutional Court of Ecuador through a non-compliance action. The case, initiated in 2020, demanded judicial recognition of the right to water and related rights. To advance this litigation, an intervention project was developed involving three key actors: (1) the affected community, (2) Fundación INREDH, as an interdisciplinary team specializing in legal, communication, and capacity-building areas, and (3) the author, in her dual role as researcher and former legal representative of the case. This article describes the phases and methodological tools used to construct the strategic litigation approach, with the aim of advancing the justiciability of the right to water. These tools included participatory diagnostics with the rights-holders, legal-technical reviews, collective validation workshops, interdisciplinary litigation design, and semi-structured interviews, among others. The article also fosters a critical dialogue on the application of these research methods and reflects on the complexities involved in the implementation of structural reparation measures.
Las universidades y la educación intercultural bilingüe en Ecuador
La presente entrevista a Armando Muyolema, actual rector de la Universidad Amawtay Wasi de Ecuador, profundiza en temas centrales para la reflexión contemporánea sobre derechos humanos, justicia epistémica y el rol transformador de la universidad.
Lecciones sobre teoría de la infracción penal con enfoque de género
La obra que aquí se reseña —cuyas coordinadoras son la Dra. Marcella da Fonte Carvalho y la abogada Eugenia Novoa Zubiría, en trabajo conjunto con las y los coautores Cristina Escobar, Sara Lucía Flores, Galo Carrillo y Jessica Carvajal— muestra un trabajo colectivo y focalizado, recogido luego de tres años de investigación y muchos años de cátedra —sobre todo de la Dra. Da Fonte—.
The Violation of the Right to Healthand Integral Reparation in Women Survivorsof Human Trafficking: Methodological Reflections
This research aims to analyze the violation of the right to health in women who are victims and survivors of the crime of human trafficking, as well as the mechanisms of comprehensive reparation, through the analysis of a judicial ruling in Ecuador. Human trafficking is considered a serious violation of human rights, as its victims are exploited in various forms, often involving extreme violence—particularly against girls, boys, adolescents, and women. A range of social, political, economic, familial, and interpersonal conditions influence and predispose individuals to become victims of this crime, including social exclusion, lifelong experiences of violence, poverty, unemployment, forced displacement, and political crises, among other factors. The study used secondary sources, including international instruments, and primary data obtained through qualitative methodology and interviews, applying thematic categories for analysis. The results of the research, based on the conviction ruling No. 1028120131612, indicate that while the trafficker was prosecuted, the comprehensive reparation measures required greater involvement from the State to address the full scope of harms suffered before, during, and after the crime by the women affected.
“Finding the Voice”: Artistic and Listening-Based Tools for Collective Reparation among People Experiencing Homelessness48
This project focused on the creation of a listening group—a safe and structured space where participants could share experiences, express emotions, and strengthen community bonds. Grounded in a human rights-based approach, the initiative employed Participatory Action Research (PAR) as its methodological framework, supported by a constructivist epistemology that views knowledge as a collective and contextually embedded process. The project prioritized dignity, horizontality, confidentiality, and the recognition and validation of each participant and their expressions. The sessions were thematically organized and addressed emotional regulation, identity reconstruction, stigma reduction, promotion of autonomy, and group cohesion, facilitating deep individual and collective reflection. Listening groups proved to be a key tool in collective reparation processes, enabling the acknowledgment of lived experiences, the strengthening of support networks, and the construction of a transformative narrative that disrupts social exclusion. Beyond addressing immediate needs, the project generated insights applicable to future programs and public policies aimed at addressing homelessness through an integral and rights-based lens. Each session was guided by a specific theme, ensuring meaningful contributions to participants’ processes of healing and empowerment.
Which Is the True Methodology of Human Rights?
Human rights are legal, political, social, economic, and cultural phenomena that are analyzed from various disciplines; therefore, it doesn’t exist a single method for studying them. That’s the reason we can say that there are as many approaches and methods as there are research questions and objectives from each of the different disciplines that study human rights. To show that, in the following pages. I develop four methodologies used to analyze human rights-related phenomena: 1. The legal tool known as unpacking rights, that helps to operationalize them; 2. The use of statistical models to understand the causes of human rights violations; 3. Network analysis to understand macrocriminality networks as processes of human rights violations; and 4. Life histories to identify patterns in the construction of the identities of human rights defenders. While methodology is important for building systematic knowledge, the central aspect of any research, especially when it’s about human rights, is the objective and main question, which should aim to achieve the useful effect of rights.
Today—in a Latin American context marked by deepening inequality, inequity, and social fragmentation, various types of violence, socio-environmental conflicts, and the criminalization of human rights defenders—methodological strategies for researching and systematizing experiences of human rights and nature are gaining crucial relevance.
Editores del Programa Andino de Derechos Humanos Universidad Andina Simón Bolívar, Sede Ecuador
Nature in Legal Theory: From Liberal Theory and Human Rights to Systemic Law
Ecuador has been a pioneer in constitutionally recognizing that Nature has rights. Jurisprudential development has been slow. One of the reasons for the delay in the application of rights is the lack of a relevant legal theory. The theory mostly accepted by the legal culture is insufficient. Legal positivism deprived law of interrelating with morals, philosophy, physics, chemistry and biology. Nature as a subject can be plundered and traded on the market like any other good. This paradigm must change. The systemic law could be a theoretical current that allows us to recognize that the planet Earth, and all its ecosystems and elements, is a living being.
Nature as a Subject of Rights and “Integral Reparation”: Reflections on Agency and Governmental Rationality
Nearing two decades of the new Constitution of Ecuador, scattered scenarios and disputes persist that show multiple problems regarding what Nature represents as a subject of rights. This article aims to analyze the progress regarding the changes caused by the incorporation of Nature as a subject of rights and the Sumak Kawsay, in relation to the agency of the state and the processes associated with the principle of reparation in the environmental dimension. The article is based on a critical anthropological/sociological analysis based on the review and interpretation of literature and public information. We argue that, in practice, Nature as a marginalized instance subject to appropriation, commodification and exploitation, still constitutes one of the unquestionable nodes for the economy and the state; although the rights of Nature have become an effective instrument of social and legal struggles, their advances are far from representing a paradigm shift. Regarding the notion of reparation, we argue the importance of separating two instances, the right to reparation and the principle of reparation; the first a legitimate right that recognizes the violation of concomitant rights to people or Nature, the second a mechanism of management and administration of public problems functional to the reproduction of the capitalist development model. Finally, although various problems are exposed regarding the notion of reparation, this dimension is shown as a productive vector that invites the promotion of dialogues that surround the epistemic/ontological dimensions.
The Effects of the Mining Concession Activities of El Corazón, within the Ecosystem of the Río Verde Chico Microbasin
This study aims to analyze the activities of the El Corazón mining concession, an anthropogenic operation situated in the buffer zone of Cotacachi Cayapas National Park in Imbabura. It also explores the concept of nature as a legal subject that must be studied and protected by professionals in disaster risk management. The objective was to assess the impacts of mining activities on the Verde Chico and Los Monos water ravines, both located within the Río Verde Chico microbasin, particularly regarding the use of cyanide in daily operations. The methodology employed was descriptive, utilizing information gathered about the El Corazón mining concession from El Corazón Agroindustrial Company “Agrocorazón,” with data collected by the Environmental Corporation “Association of Owners of the Rural Areas of the North” (APT-Norte) through public information requests. This investigation also raised concerns about the availability of weather station data. Chemical analyses were conducted on the water from both ravines, along with an assessment of the ichthyofauna present. The findings revealed a lack of historical precipitation data from INAMHI. In conclusion, the El Corazón mine significantly alters the natural water systems, complicating the understanding of local biodiversity and landscape dynamics.
Problematizing the Category “Subject of the Law”: An Anti- Racist Analysis of the Evolution of Human Rights and Nature
This article analyses, from an anti-racist perspective, the evolution of human and nature rights in Ecuador. Using the historical-logical qualitative method, documentary analysis as a technique for data collection and analysis and an anti-racist methodological approach, it is revealed how legal norms and practices have perpetuated historical ethnoracial inequalities in this country. In addition, it explores the current state of human and nature rights in relation to the Afrodescendant population in Ecuador, highlighting the biocentric worldview of this population, as opposed to the extractive practices of Ecuador’s production model. Finally, it suggests the need to restructure regulations to address the roots of these inequalities, promoting a restorative approach that guarantees the collective rights of Afro-descendant populations.
Trans Children’s Rights as a Rupture of the Biologicist Paradigm of Human Nature: The Violation of Trans Children’s Rights in Ecuador, in the Amada Case
This study examines the human rights violations faced by transgender children in Ecuador, particularly resulting from legal gaps concerning the correction of name, sex, or gender on official documents. The lack of regulations allowing these changes for underage children creates a significant gap in protecting the gender identity of transgender kids. The main aim of this research is to assess how legislative gaps impact the rights of transgender girls, using the case of Amada as a case study to demonstrate the practical and legal consequences of this regulatory deficiency. A qualitative methodology involved document analysis and a comprehensive review of existing regulations, court records, and national and international judgments. The results underscore that legislative omissions hinder the correction of personal data for transgender children, even after the provision of legal assurances. It is concluded that urgent reform of Ecuadorian legislation is imperative to enable the correction of name, sex, or gender on official documents for children. Such reform is crucial to ensure the protection of the rights and gender identity of transgender children, aligning with international human rights norms.
The Right to Migrate: From Migrant Routes to Constitutional Jurisprudence. Analysis of the Jurisprudence of the Constitutional Court of Ecuador in the Period 2019-2024
This paper analyzes the jurisprudence issued by the Constitutional Court of Ecuador between the years 2019 to 2024 that addresses the right to migrate recognized in article 40 of the Ecuadorian Constitution. From this analysis, the elements that characterize the right to migrate and that distinguish it from others are identified, such as the consideration of the different moments of the migration process and the assessment in each case of the decisions that can impact the life of a migrant person and their family members. The jurisprudential development shows that the right to migrate is a living right that responds to the current scenarios of intense human mobility in Ecuador and in the region and that its primary purpose is to protect the dignity of people in this condition.
Los derechos de la naturaleza y los movimientos sociales en Ecuador*
* Esta entrevista se realizó en el marco del proyecto de investigación “Los derechos de la naturaleza en la jurisprudencia de la Corte Constitucional ecuatoriana: Aportes desde las historias de vida de estudiantes de posgrado (2020-2022)”, financiado por el Fondo de Investigaciones de la Universidad Andina Simón Bolívar, Sede Ecuador.
Epistemologías andinas y amazónicas: Conceptos indígenas de conocimiento, sabiduría y comprensión
La presente obra, editada por Pablo Quintanilla, H. Clark Barret, Michael L. Cepek, Emanuele Fabiano y Edouard Machery, muestra un estudio interdisciplinar profundo de la epistemología indígena en el marco de su cultura, su lengua y pensamiento y de sus efectos en el aprendizaje, la intuición y la cognición. El libro está contenido en diecisiete artículos que hacen énfasis en las lenguas quechuas y amazónicas y su aporte al mundo andino. Si bien todos los textos merecen un análisis específico, este apartado se concentrará en la revisión del artículo de Pablo Quintanilla titulado “La influencia de la lengua en la cognición: El caso de las intuiciones epistémicas en quechua”.
El número 7 de la revista Andares se publica en un contexto de crisis ambiental en Quito, marcado por siete incendios ocurridos el 24 de septiembre.
Alternative Proposals to Violence: More than a Methodology, a Philosophy for Life
This theoretical review of the Proposals for Alternatives to Violence (PAV) configures a methodology for debating and working on alternatives to violence, which is nourished by the contributions of popular education and Paulo Freire. The text makes a brief conceptualization of the PAVs in Ecuador, an understanding of violence and the contributions of these the contributions of these proposals for the achievement of a culture of peace. It is The different elements of the PAV methodology (affirmation, assertive listening and communication, cooperative construction, community building) and, in particular, the Transformative Power (PT), which integrates each element of the PAV. In the last part, we present some testimonies of participants and discuss the and discuss the scope and challenges they define for the current contexts of violence in the country.
Zaida Victoria Narcisa Betancourth Aragón
Duty of Investigation and Femicide in Ecuador: State Response to Victims (2014-2021)
The State’s duty to investigate is one of the categories that makes up the duty of due diligence, as an obligation of the State in matters of Human Rights. In this context, the duty to investigate is a presupposition for the right to truth, justice and adequate reparation for victims. Consequently, the objective of this article is to analyze the effectiveness of the response of the Ecuadorian judicial system in the investigation of cases of femicide. To this end, a conceptual theoretical analysis was carried out, conceptually delimiting due diligence and the duty to investigate as fundamental axes to guarantee access to justice and effective judicial protection, from a qualitative approach and, subsequently, an exploratory study of the cases of feminicide that occurred in Ecuador between 2014 and 2021, based on descriptive statistics. In this way, it was possible to analyze the effectiveness of the response of the judicial system in the investigation of cases of femicide. The study shows that, in the majority of cases studied, due diligence was not observed nor was the duty of investigation fully complied with, which is why it is possible to affirm that access to justice was limited and it was not possible to ensure effective judicial protection for victims.
Universality from nuestra América: Open Issues to Rethink Human Rights
This work is a philosophical dissertation in which the concept of universality is problematized with the aim of connecting it to the political realm of human rights. Currently, both the concept of universality and the notion of human rights are deeply discredited, necessitating an urgent reformulation to liberate them from the abstract connotation usually associated with them. Three aspects of universality are explored: the human condition as a universal reality, universality in identity plurality, and political universality. Ultimately, a practical tripartite modelis introduced to reconsider the concept of human rights, enabling the articulation of demands from diversesocial groups and mobilizing them into political action.
On the Meanings of Comprehensive Reparation for Victims of the Colombian Armed Conflict in Ecuador
This essay explores the meanings that victims of the Colombian armed conflict who are in Ecuador develop regarding full reparation, based on their perceptions of dignity and life projects. It is based on the argument that the Victims and Land Restitution Bill (Law 1448) establishes an asymmetry in terms of access to the rights to truth, justice and reparation with guarantees of non-repetition, as well as to the support measures established in this law, between victims within Colombian territory and people who, being survivors of the conflict, have fled to other countries. Hence, adverse conditions derive for the people’s dignity and life projects to be restored. This becomes even more evident when living conditions in Ecuador exclude and marginalize Colombian refugees. It is therefore urgent to analyze reparation measures that are not necessarily bound to government responses, which, due to their nature and institutional competencies, are limited to Colombian territory. There is a manifest need for reparation measures to take into account the expectations of permanence in Ecuador of Colombian victims of the conflict who are seeking to rebuild their life projects in this country.
Invasive Species and Rights of Nature: The Case of Gene Drives in Galapagos
The eradication of invasive exotic species, especially in island ecosystems, is one of the topics of greatest interest to organizations working on the conservation of endemic species. Among the control strategies, genetic technologies have been proposed, including gene drives, which present a series of concerns from the point of view of environmental and nature rights, especially in a country like Ecuador where these rights are recognized, and where genetically modified organisms that threaten ecosystems and the national genetic heritage are prohibited. This article, the proposal to eradicate rodents in Galapagos is analyse.
The patriarchal imagination: Emergence and silencing of the woman writer in the press and literature Ecuadorians, 1860-1900
This work is an effort to bring together, based on the proposal of patriarchal domination, several research projects that demonstrate the author's interest in unraveling the patriarchal imagery that accompanied female writing and male literary criticism in Ecuador during the period from 1860 to 1900. Using literary articles and essays published in the press, novels, and unpublished documents as primary sources, it proposes a record of the emergence and silencing of women as writers in the press and as characters in Ecuadorian literature.
Characteristics and impact of networks of macrocriminality: The challenges in human rights
Luis Daniel Vázquez Valencia, profesor e investigador mexicano, analiza la situación de la macrocriminalidad en México y la región, y detalla las características, las violencias y los diversos impactos que genera, a la vez que plantea los desafíos en derechos humanos. Vázquez es entrevistado por Carlos Reyes Valenzuela, profesor e investigador del Programa Andino de Derechos Humanos de la UASB-E.
Extortion, (Trans)Femicide, and Trans Sex Work in a (Post)Pandemic Context: Alternatives for Reparation in the Case of Jéssica Martínez
The COVID-19 pandemic worsened the material living conditions of trans women in Ecuador, especially sex workers. Among them are: the increase of pimping, extortion, forced sale of drugs, payment of vaccines to organized crime that has taken corners, squares, neighborhoods and bodies of trans women, reaching the peak of violence: (trans)femicide. The text provides data on the increase of intentional homicides and their relationship with the increase of violent deaths of trans women and LGBTIQ+ people. Finally, the (trans)feminicide of Jéssica Martínez, a trans sex worker activist, is taken as a case study to reveal the secondary victimization and the lack of due diligence in criminal investigations in these cases; as well as to propose alternatives for her fellow sex workers to imagine a collective reparation.