Indigenous justice and penalties regarding human rights in Ecuador (Review)

Abstract

Indigenous justice in Ecuador, as part of the country's legal pluralism, allows the resolution of conflicts according to the cultural traditions of the communities. The objective of this study is to analyze the sanctions applied by this system and their compatibility with human rights, seeking solutions that respect both aspects. For this purpose, a methodological approach of qualitative research nature is used, applying analytical-synthetic, exegetical and inductive methods. The results show that, despite some progress in the integration of human rights in the administration of indigenous justice, important challenges persist. For example, it is necessary to strengthen the training of indigenous authorities in human rights and to establish oversight mechanisms to ensure that sanctions do not violate these rights. In addition, it is crucial to develop alternative sanctions that respect fundamental rights and to consider the psychological impact of the sanctions imposed in order to protect the mental well-being of those involved. Although indigenous justice preserves its cultural identity, ensuring an effective balance between cultural autonomy and full respect for human rights remains a significant challenge that requires comprehensive solutions adapted to the cultural context.