Strengthening criminal justice in defense of indigenous peoples' rights

Abstract

Anthropological expertise in the Ecuadorian criminal process has been investigated to evaluate its relevance and effectiveness in ensuring fair trials that respect human rights, especially in cases involving indigenous communities and cultural minorities. A review of the literature, analysis of emblematic cases and consultations with experts in anthropology and law were carried out to investigate the application and effectiveness of anthropological expertise in the Ecuadorian judicial system. The results indicate that this expertise facilitates a deeper understanding of the sociocultural context of the crimes. So it has improved accuracy in evaluating evidence and promoted culturally informed justice. Highlighted cases show how these expert reports have been essential to highlight violated rights and avoid unfair stigmatization. The conclusions have suggested the need to strengthen the interdisciplinary training of anthropologists and legal operators, as well as increase cultural awareness. These not only improve the quality of judicial processes, but also promote inclusive and equitable justice, adaptable to diverse cultural realities within and outside Ecuador.

Keywords:

Indigenous communities, Cultural impact, Intercultural justice, Cultural perception.