Constitutional guarantees are mechanisms aimed to ensure the effectiveness of rights recognized in the Ecuadorian Constitution and international human rights instruments. These guarantees can be divided in two main types: primary guarantees, which refers to to public rules and policies; and secondary guarantees, known as jurisdictional safeguards, when rights have already been violated. Examples of secondary guarantees include “protection actions”, “habeas corpus”, “habeas data”, “access to public information”, among others.
Our team provides comprehensive guidance and strategic planning to protect your rights in both ordinary constitutional justice and before the Constitutional Court of Ecuador, as well as international human rights agencies.
It is advisable to engage a lawyer specialized in constitutional guarantees when your rights as recognized in the Ecuadorian Constitution and international human rights instruments have been violated.
Examples of constitutional rights violations are discrimination in public or private spheres, denial of rights to health, education, legal certainty, legitimate trust, among others.
You may also require legal representation if you have been illegally, unlawfully, or arbitrarily deprived of your liberty, denied access to public information, or unable to exercise your right to informative self-determination.
Additionally, seeking legal assistance is pertinent when your constitutional rights and due process have been violated in judicial rulings and enforceable resolutions, or when challenging the constitutionality of certain regulations.
The Ecuadorian Constitution guarantees a broad list of rights including those to good living, priority care groups, collective rights, participation rights, freedom, protection, and the rights of nature.
The rights to a good life, often referred to as economic, social, and cultural rights at the doctrinal and international levels, includes a broad range of entitlements. These include rights such as health, education, housing, employment, identity, access to communication and information, water and food security, a healthy environment, cultural and scientific engagement, habitat and shelter, as well as social security.
Priority attention groups consist of older adults, girls, children, adolescents, pregnant women, individuals with disabilities, persons deprived of their liberty, and those afflicted with catastrophic or highly complex diseases. These groups are entitled to receive specialized care and priority assistance within both public and private spheres. Similarly, individuals at risk, victims of domestic and sexual violence, child abuse, and those affected by natural or human-made disasters are also prioritized. The Government is obliged to offer special protection to individuals facing a double vulnerability situation.
Participation rights include the right to vote and to stand for election, participation in matters of public interest, consultation, oversight of public authority actions, revocation of mandates, and engagement in public duties and functions.
As an individual, you are entitled to a freedom rights, which include: Right to Life: Right to Integrity; Protection against physical and psychological harm, safeguarding your personal well-being; Right to Equality; Right to Personality Development; Right to Decision-Making; Freedom of Speech; Right to Work; Freedom of Association; Right to Assembly and Manifestation; Right to Transit; Right to Identity; Right to a Healthy Environment; Right to Property.
Free access to justice, due process and effective judicial protection.
Right to Consultation: Ensuring communities are consulted and their opinions considered in matters affecting their interests and well-being.
Right to respect, to regeneration and restoration.
