Gender-Sensitive Adjudication in Labor Matters in Ecuador: From Formal Equality to Differentiated Judicial Protection

Abstract

This article examines gender-sensitive adjudication in labor matters in Ecuador, based on the current constitutional, statutory, and international framework and on recent Constitutional Court case law. It argues that the formal equality recognized in Article 11.2 of the Constitution is insufficient to remedy the structural discrimination faced by women workers, requiring judges to apply a differentiated analytical method that accounts for context, reasonably allocates the burden of proof, and avoids reproducing gender stereotypes. Through a qualitative, doctrinal, and documentary approach, the study analyzes the Organic Law on Wage Equality between Women and Men of 2024, the Organic Law reforming the eradication of violence and harassment at work, ILO Conventions 100 and 190, and landmark rulings such as 99-22-IN/26, on the legal definition of workplace harassment, 364-24-EP/26, on the burden of proof in harassment cases, and the recent 1150-23-JP/26 on parental co-responsibility. The study concludes that gender-sensitive adjudication in labor matters is, in Ecuador, a normative obligation rather than a discretionary interpretive option, although challenges remain regarding intersectionality, effective application in the private sector, and specialized judicial training.