Tutela del derecho al trabajo de las personas que tienen a su cargo personas con discapacidad en la jurisprudencia de la Corte Constitucional del Ecuador. Análisis de caso “Estrella Páez”. (2149-13-EP)

Abstract

The purpose of this paper is to perform a critical analysis of the protection of the right to work of those in charge of Persons with Disabilities (PWD), by the judicial authorities. It is intended to analyze the management of ecuadorian legislation by judges and administrative authorities, with regard to caregivers of persons with disabilities, because although it is true in the Constitution of the Republic of Ecuador of 2008, a broad recognition of the rights of the PWD, it is time to recognize those who dedicate their lives to the care and protection of them. The case analyzed reflects serious errors on the part of the administration of justice when applying the relevant regulations. In which it was decided that there was not a violation of the rights of Mónica Estrella and her son, when she was considered for a process of purchase of mandatory waiver in the institution where she worked, without considering that she has a son with 84% of disability and he is exclusively in her care. Will be carried out for her own rights and those represented by her son Mauricio Xavier Carrera Star. Where, the object of discussion is the extensive interpretation that should have been made of the rights of the PWD, considering that those who are in charge of them, also appear as subjects of rights within the Ecuadorian regulations, as well as the prevalence of such constitutional rights found on the executive decree.