Guarantees and Protection of Constitutional Rights in Ecuador

Abstract

From the perspective of rights, guarantees represent indispensable means to materialize and ensure their full realization. Ecuador has signed and ratified international instruments that enable the guarantee of rights constitutionalized for enhanced protection. This article addresses the importance of constitutional guarantees in Ecuador as mechanisms to ensure the effectiveness of rights, aiming to disseminate the idea that constitutional guarantees go beyond those attributed to judges, encompassing a prior structure of guarantees rooted in state institutionalism and sustained by regulations, to safeguard rights. The methodology employed is qualitative and descriptive. The results reveal a widespread lack of awareness of these guarantees, leading to conclusions grounded in the stated objectives. The State's responsibility in generating these guarantees to protect rights enshrined in the Constitution is emphasized. Guarantees are classified into primary and secondary, positive or negative, depending on the required action or prohibition. The classification adopted by the Ecuadorian Constitution includes institutional, regulatory, public policy, and jurisdictional guarantees.