Análisis de Ley Orgánica de apoyo humanitario para combatir la crisis sanitaria derivada del COVID-19 progresión o regresión de derechos

Abstract

The objective of the investigation was to determine how article 20 of the Humanitarian Support Law (2020) violates the legitimate rights of workers in Ecuador, annulling the constitutional principle of progressivity in labor matters, for this, a thorough review of the provisions was carried out. constitutional laws embodied in the Magna Carta of Ecuador; but also, the international standards of Human Rights and the International Labor Organization were reviewed to contrast the provisions and understand the scenario on which it was legislated. The research design will be of a quali-quantitative nature; it will be based on the grounded theory. The analysis will be argued through an empirical narrative exposition, with an explanatory text, whose purpose is imminently descriptive, informative and academic. For the theoretical foundation, the exegetical method will be used, for the interpretation and study of legal texts to understand what was the spirit of the law proposed by the legislator. It could be demonstrated that in the creation of the Humanitarian Law it did not consider the constitutional precepts or the supranational norms, which violates the mechanisms for creating a law and workers' rights. Finally, an analysis of the term progressivity and what non-regressivity represents was carried out, considering the doctrinal and legal implications that this means, since it was evidenced that in the Constitution and international treaties there is an exhaustive prohibition of undermining labor rights