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

Abstract

Indigenous justice in Ecuador, as part of the country’s legal pluralism, allows for the resolution of conflicts according to the cultural traditions of indigenous communities. This study aims to analyze the sanctions applied by this system and their compatibility with human rights, seeking solutions that respect both aspects. A qualitative research methodological approach is used, applying analytical-synthetic, exegetical, and inductive methods. The results show that despite some progress in integrating human rights into the administration of indigenous justice, significant challenges remain. For instance, it is necessary to strengthen the training of indigenous authorities in human rights and establish oversight mechanisms to ensure that sanctions do not violate these rights. Moreover, it is crucial to develop alternative sanctions that respect fundamental rights and consider the psychological impact of imposed sanctions 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, culturally adapted solutions.