Deprivation of liberty of pregnant women in the Ecuadorian indigenous jurisdiction.

Abstract

The Constitution of Ecuador protects the collective rights of indigenous people, consequently the indigenous authorities enjoy competence and jurisdiction to solve internal conflicts based on their own law and ancestral traditions, consequently the object of this research consists of the analysis of certain ancestral practices against indigenous women during the gestation period as a violation of their fundamental rights in light of International Human Rights law.

These practices are punitive in nature and inadmissible in a Constitutional State of rights and justice, the immanent rights of every human person such as freedom, equality, non-discrimination due to the condition of being a woman and the best interests of the child must take precedence over rights collectives of such communities without altering the harmony and their communal coexistence. If indigenous women feel affected by the decisions of the indigenous authorities, they must go to the highest instance of Constitutional control, which in this case is the Constitutional Court of Ecuador.