Estándares constitucionales sobre la participación política de las mujeres frente a la autodeterminación de los partidos políticos en la jurisprudencia de la Corte Constitucional del Ecuador

Abstract

Abstract: This thesis examines the intersection between the right to equality and the principle of gender parity within the Ecuadorian legal framework. It undertakes a comprehensive analysis grounded in legal doctrine, current legislation, peer-reviewed academic literature, and relevant publications from international organizations and the Government of Ecuador. The study specifically focuses on Constitutional Court Ruling No. 1041-19-JP/25, issued on February 9, 2025, which consolidated 32 individuales cases alleging violations of constitutional and human rights, particularly concerning the appointment of secondary administrative authorities and the implementation of affirmative action measures. Through a critical legal analysis, the research identifies key jurisprudential criteria and highlights inconsistencies in the interpretation and application of both the right to equality and the principle of parity by judicial and administrative bodies. As a central contribution, the thesis proposes a legislative reform to Ecuador s Democracy Code aimed at ensuring substantive equality, promoting gender equity, and institutionalizing parity as a binding constitutional standard.The findings provide theoretical and practical insights that may inform future judicial rulings and normative reforms intended to strengthen Ecuador s constitutional state of rights and justice.