International Human Rights Law and its influence on the Ecuadorian legal system
April 18, 2024

Author: Abg. Emilia Andrade

More information:

Emilia.Andrade@fexlaw.com

 

Ecuador, by sovereign will, throughout its history, has been one of the main countries to ratify countless international treaties, obligating itself to respect, protect and carry out each of the obligations and duties acquired through them. Among the most important in human rights are the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the American Convention on Human Rights (Pact of San José) , among others. Now, International Human Rights Law is part of the Ecuadorian constitutional block and has the same normative hierarchy as the Constitution of the Republic of Ecuador, or even higher, to the extent that it establishes more favorable rights.

It is necessary to highlight that both international treaties (which commit governments to adopt internal measures and laws compatible with the obligations and duties provided for therein) and customary law are the core part of International Human Rights Law, but there are other instruments, such as declarations, guidelines, principles, among others, which are also fundamental for their development.

It is for this reason that, in light of all the treaties, declarations, guidelines, principles, situations have been changed that, for years within Ecuador (despite going against the supreme norm), had not even been thought of. in verifying, for example, homosexual marriage. In this sense, the parameters established in light of International Human Rights Law (binding or not) are verified as an ideal mechanism, when reinterpreting, understanding or regulating, different human rights situations, within the Ecuadorian legal system.

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