Browsing by Author "Idrovo Torres, Diego Francisco"

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Análisis de los derechos vulnerados por el estado ecuatoriano en el caso Gonzales Lluy y otros vs. Ecuador, y la consecuente reparación integral establecida por la Corte Interamericana de Derechos Humanos
(Universidad de Cuenca, 2020-03-03) Merchán Peñafiel, Pamela Maritza; Idrovo Torres, Diego Francisco
The present work realizes an analysis of the Gonzales Lluy and other Vs. Ecuador Case, in which the Inter-American Court of Human Rights established the international responsibility of the Ecuadoran State, as a result of violation of the rights to life and personal integrity, education of Thalía Gonzales and her family, and for the violation of the judicial guarantee in the reasonable term, in the criminal process continued by Teresa Lluy, Thalía´s mother, against the Red Cross of Cuenca; because of infection with HIV through transfusion of blood that Thalía was made when she was three years old. In addition, this work refers to the compliance of the repair measures established by the Inter-American Court and highlights the importance of the case to the international law; because in this case is the first time that the Inter-American Court, pronounced about the violation to the Additional Protocol to the American Convention about Human Rights in matter of Economic, Social and Cultural Rigths; In addition, for the first time the concept of "intersectional discrimination" was used.
Control de convencionalidad: análisis de la aplicación de los derechos de participación política en Ecuador: contexto de las elecciones generales 2021: caso UNES
(Universidad de Cuenca, 2022-06-06) Sarmiento Barros, María Belén; Idrovo Torres, Diego Francisco
Conventionality control is known as a legal method or mechanism conceptualized and introduced by the jurisprudence of the Inter-American Court of Human Rights (2006)through which the judiciary or the competent authorities of a country, must make a kind of comparison between the internal regulations on human rights and the American Convention on Human Rights to establish their mutual harmony and thus achieve a more extensive scope for the application of these rights. Global history has shown us the evolution of human rights and their guarantees, through the socio-political events of the countries and regions of the world, bearing in mind events that marked a before and after in the struggle to materialize human rights. Basic postulates of rights; specifically the rights of political participation and its paradigm shift as those that guide democratic societies. Our country is no stranger to all this evolution, it is being the protagonist of its own development in this matter through various actions, we focus on the current Fundamental Charter, the Constitution of the Republic of Ecuador of 2008, which expressly guarantees the direct and immediate applicability of the rights enshrined in its text, as well as international instruments that guarantee human rights, in the same way it establishes that these must be subject to the provisions of the constitutional text. In this way, we observe that the application of human rights in Ecuador, specifically the rights of participation, have been highly questioned in recent years, specifically in the 2021 general election process, which took place in a complicated context both politically and socially due to the health emergency due to COVID-19. Since the entry into force of the 2008 Constitution, which presents us with a wide range of human rights and guarantees for them, the actions of the State have been called into question when it comes to the material application of current regulations. Specifically, participation rights at all levels have been closely observed by international bodies, seeking their correct application in accordance with the provisions of both internal regulations and external instruments recognized by the Ecuadorian State. Within the 2021 general election process in Ecuador, several appeals were filed with the National Electoral Council and its Court, including those filed by the UNES "Unión por la Esperanza" movement, alleging alleged obstacles to proper participation in the electoral process of the movement and its candidates for the presidency and vice-presidency of the Republic. By virtue of the foregoing, this project intends to investigate that obligation of the State to guarantee human rights within the territory, through the proof of compatibility of national regulations and practices (Nash, 2019), specifically of the rights of political participation in an atypical election scenario due to the possible violations of the same towards the presidential binomial of the UNES movement, directing us to closely analyze the importance of the applicability of said rights in accordance with international human rights regulations, in attention to the control of conventionality.
Cultivos Transgénicos y sus Casos de Excepcionalidad a la Introducción al País
(Universidad de Cuenca, 2023-03-07) Ortega Rodas, Karla Isabel; Idrovo Torres, Diego Francisco
This paper analyzes the meaning of the exceptionality set forth in article 401 of the Ecuador Constitution with respect to the declaration of the country as a GMO-free country and whether it represents a violation of the constitutional principles that have been properly established on the Rights of Nature, in order to provide guidelines to follow regarding the situations or requirements that must be met for the exceptional acceptance of the entry of this type of crops to proceed. Within this analysis, the motivations that laid the foundations for the establishment of this constitutional declaration were addressed, so that the true spirit of the exceptionality that the same article establishes can be understood. Through the methods of interpretation established by the Organic Law of Jurisdictional Guarantees and Constitutional Control, guidelines have been established to be followed before the executive branch admits a particular case, taking into account above all a weighing of rights for the concrete and particular case to be admitted as exceptional.
De la privación de libertad a la vulneración de derechos: un estudio de la realidad de las personas trans en el Centro de Rehabilitación Social de Turi
(Universidad de Cuenca, 2025-09-10) García Parra, Helen Nicole; Idrovo Torres, Diego Francisco
This thesis analyzes the violation of human rights of trans individuals deprived of liberty in the Turi Social Rehabilitation Center (CRS Turi) in Ecuador. From a legal, intersectional and human rights approach, it examines the structural discrimination faced by this population within the prison system. The study explores the national and international legal framework, the organization of the Ecuadorian prison system, and includes an analogous representative case to illustrate institutional practices that deny gender identity. Finally, it proposes legal reforms, differentiated protocols, and institutional strategies to guarantee dignity, safety, and access to rights for trans people in detention. This research seeks to contribute to building a more just, inclusive, and diversity-respecting prison model.
Derechos de las personas con enfermedades catastróficas: su alcance en la Constitución de la República
(Universidad de Cuenca, 2025-02-27) Astudillo Correa, Daniela Nayem; Idrovo Torres, Diego Francisco
This case study analyzes an action for protection filed in Ecuador due to the refusal of the Ministry of Public Health to purchase medicines for a group of people with catastrophic diseases, because they were not included in the National List of Basic Medicines. The analysis focuses on the constitutional protection of the rights of this group of people, particularly their right to health and access to medicines. The methodology used is qualitative, based on the bibliographic review of the Ecuadorian legal system and on the jurisprudential analysis related to rights in the field of health. The results of the research indicate that, although the Constitution of the Republic guarantees the protection of people with atastrophic diseases, the State does not comply with the full guarantee of these rights. This is due, on the one hand, to the limitations of the National List of Basic Medicines and, on the other hand, to insufficient resources in the public health system.
Discursos y proceso de elaboración constitucional: la construcción constituyente del concepto de ciudadanía en la Constitución Ecuatoriana de 2008
(Universidad de Cuenca, 2023-03-07) Abad Quevedo, Lucia Eugenia; Idrovo Torres, Diego Francisco
The concept of citizenship goes back from the dawn of Greece and Rome to the present day, where its theorization process has been delimited according to the socio-historical processes that have determined its content as legal status or socio-political concept. In Ecuador, citizenship has been expanded in a process of extension of democracy with the influence of certain social and political circumstances that have intervened in the amplification of its conception. The political disaster at the beginning of the 21th century in Ecuador marked the beginning of the constituent process of 2008, which was characterized by the Latin American progressive wave, which resulted in the materialization of a highly guaranteed and inclusive constitution. In this context, the debate on the conception of citizenship was extended to universalist and integration ideas that consider contemporary events such as the birth of Human Rights, migration, and the recognition of multinational societies. From a methodology that uses the triangulation of objects (discourse analysis and semi-structured interviews), the main constitutional precepts referring to citizenship were studied, as an eminently inclusive institution anchoring its conception to human beings as subjects of rights, beyond their source.
Ejercicio del derecho a la consulta prelegislativa en la formulación de la Ley Orgánica de Recursos Hídricos, Usos y Aprovechamiento del Agua, respecto de la sentencia 15-45 IN/22
(Universidad de Cuenca, 2023-03-03) Márquez Marchán, Pamela Johanna; Idrovo Torres, Diego Francisco
The purpose of this research is to analyze the sentence issued by the Constitutional Court, which declared unconstitutional the Organic Law of Water Resources Uses and Exploitation Sentence 45-15 IN/22, in which the court has motivated that the right to pre-legislative consultation established in article 57 numeral 17 of the Ecuadorian Constituent of 2008 was not effectively guaranteed, in which the right that the communes, communities, indigenous peoples and nationalities have to be consulted before the adoption of a legislative measure that may affect their collective rights is guaranteed, which is why the legislature must develop a new Organic Law of Water Resources Uses and Exploitation, The problem is that this law could be declared unconstitutional again if the legislature does not consider the criteria for which it was declared unconstitutional in order to analyze the way in which the right to pre- legislative consultation should be guaranteed in accordance with the provisions of the Constitutional Court. In the first chapter we develop the important concepts that will allow us to clearly understand and analyze the sentence contained in the second chapter of the project, in the third chapter we analyze the criteria that the court indicates that the legislature should consider for the creation of the Organic Law of Water Resources, Uses and Development of Water, the chapter is complemented by the criteria considered by the people surveyed in this work.
El abuso de las garantías jurisdiccionales como consecuencia de la desnaturalización de la acción de protección en temas políticos en el Ecuador
(Universidad de Cuenca, 2025-09-10) Guamán Lazo, Sayak Dalila; Idrovo Torres, Diego Francisco
This research paper analyzes the improper use of the action for protection in the Ecuadorian political sphere. Although this constitutional mechanism was conceived to guarantee the integral reparation of violated fundamental rights, in practice it has been used for political and personal purposes by certain governmental actors and persons with extra-institutional influence, diverting it from its original purpose and resulting in its denaturalization. Consequently, the main objective of this research is to determine the causes that affect the process of denaturalization within the political field, since this legal phenomenon threatens the right to legal certainty, a fundamental pillar for the functioning of an effective, equitable and transparent justice system. The research project has an exploratory-descriptive level, since through bibliographic and hermeneutic methods it will be possible to establish how the denaturalization of the action of protection develops in the political field, the indicators that allow us to differentiate it from the inadmissibility and its main causes. The techniques used to establish these aspects will be: the exploration of bibliographic-legal sources, and the analysis of the sentences related to the action under study, all this content will be applied from qualitative research.
El derecho a beneficiarse de la naturaleza, frente al reconocimiento constitucional de los derechos de los animales
(Universidad de Cuenca, 2023-02-28) Carrera Orellana, Evelyn Samantha; Idrovo Torres, Diego Francisco
Since the Constitutional recognition of the Rights of Nature, Environmental Law has made enormous strides in its growth. However, there are still legal loopholes or contradictions that can give rise to various interpretations. Such is the case of the present relationship between the Constitutional Right to Benefit from Nature and Animal Rights. The purpose of this research work is to analyze the aforementioned relationship; to describe the problems it entails, the solutions that have been proposed, but from a purely practical aspect, although in order to carry out this study it is necessary to be accompanied by the doctrine. In the first chapter, the Constitutional Rights will be analyzed: its generalities, characteristics, source and content; this because the possibility of benefiting from nature is contained in article 74 of the Ecuadorian Constitution. To continue, the second chapter will start with the recognition of nature as a subject of rights, then with the analysis of its elements, to finish with a clear focus on the rights of animals, being these the most important point of the work. In the third chapter, a survey will be carried out with people who have legal knowledge and those who do not, with the purpose of having knowledge of the opinion of the Ecuadorian society about the rights of animals and our benefit, but mainly to know if it would be viable to develop a law that regulates this situation. With all this content, conclusions and recommendations are presented with the objective of obtaining a better legal condition for animals without directly affecting human beings.
El derecho a la identidad y la caducidad de la acción de impugnación de paternidad del hijo matrimonial
(Universidad de Cuenca, 2021-10-29) Rodríguez Pizarro, Natalia; Idrovo Torres, Diego Francisco
The right to personal identity and the expiration of the action to challenge the marital child are part of legal, genetic, and psychological procedures to the effectiveness of people's fundamental rights. The scope of this research is to analyze the right to an identity that relies on a person and the inference about the criteria that verifies the importance of development in the individual's life quality. In this sense, the enforceability of identity is interpreted as the immediate execution of a right to avoid unnecessary violations. Consequently, the State, has tried to protect according to social and scientific advances, evidencing that the only purpose is to ensure its correct materialization, which results in a harmony of rights that are related to a dignified life. To conclude, it is distinguished that identity can not only be seen from the perspective of recognition or a denial action but also deserves special legal treatment, adapting to scientific development, such as Assisted Reproduction Techniques (ART) and DNA
El derecho al debido proceso: el principio de legalidad en la tipificación de faltas, en el Estatuto de la Universidad de Cuenca.
(Universidad de Cuenca, 2023-08-25) Sánchez Heras, Maythé Monserrath; Idrovo Torres, Diego Francisco
Universities enjoy university autonomy legally recognized by the Constitution of Ecuador, being part of an institutional need, universities are empowered to issue their institutional regulations, which will be issued through the respective collegiate body, having as legal basis the Organic Law of Higher Education (LOES) and its corresponding Statute. The Statute of the University of Cuenca is a norm with the rank of a material law that must regulate basic aspects such as the typification of offenses, not being the established case, we are faced with the existence of a referral to a regulatory norm that has the purpose of assisting and making operative the Statute of the University of Cuenca. The application of the regulatory collaboration in the typification of infractions must follow legal parameters that have been elaborated by the Constitutional Court of Ecuador in pertinent sentences in the case; since the regulation has limits to act since it is not in the same hierarchy of a norm with the rank of law; This responds to its own characteristics, for which the analysis of the cases in which the regulatory collaboration proceeds without undermining the principle of the reserve of law and the principle of legality that seeks to guarantee the right to due process of the members that are part of the University community, to the existence of a normative body prepared according to the legal mandate established in the Organic Law of Higher Education (LOES).
El Derecho de los niños, niñas y adolescentes a la Identidad en los casos de Gestación por Subrogación dentro de la legislación ecuatoriana
(Universidad de Cuenca, 2020-10-13) Orellana Criollo, Stephanie Paulina; Idrovo Torres, Diego Francisco
Gestation by Surrogacy is a technique of Assisted Reproduction that allows to overcome infertility or sterility problems of a couple. This occurs when a woman develops pregnancy for another, but once the child is born, it is handed over to the intending parents. This work was carried out for an analysis of the Right to Identity of children and adolescents who are born through pregnancy by surrogacy in Ecuadorian legislation and the scope that it has; our legal system and Article 196 of the bill of the Organic Health Code, the deficiencies that it presents, in the guarantees it offers to the people involved in this. Under this scheme, the following objectives will be developed: - Establish from the doctrinal point of view definitions, characteristics, classes or mechanisms about gestation by surrogacy. - Analyze the right that children and adolescents have to biological truth to guarantee the right to identity and family from a constitutional point of view. - Establish the origin or not of gestation by surrogacy in Ecuadorian legislation.
El enfoque restaurativo desde la justicia indígena: análisis de las resoluciones frente a la justicia ordinaria
(Universidad de Cuenca, 2025-03-06) Mendia Tacuri, Heidy Nicole; Idrovo Torres, Diego Francisco
The thesis explores the effectiveness of indigenous justice in the Shiña community, highlighting three fundamental pillars: its regulations for harmonious coexistence, its participatory judicial processes, and active community involvement. The analysis reveals that this system prioritizes the restoration of social equilibrium and the inclusion of offenders, as opposed to the punitive approach of ordinary justice. In the first chapter, the theoretical framework of restorative justice and its application in indigenous contexts are examined. The principles of reconciliation, reparation, and social reintegration are emphasized, showing how these values are reflected in the Shiña cosmovision. The second chapter details the organizational and normative structures of the community, highlighting the roles of the cabildo and the general assembly as the highest authorities. The third chapter analyzes key factors contributing to community satisfaction, including normative flexibility, transparency in processes, and the use of restorative sanctions such as community mingas and reconciliation ceremonies. The findings show that indigenous justice in Shiña not only significantly reduces recidivism but also strengthens cultural identity and social cohesion. This model, based on ancestral values, offers valuable lessons to enrich the Ecuadorian justice system.
El estatus de protección de la Amazonia, en el Derecho de los Estado Amazónicos
(Universidad de Cuenca, 2024-03-07) Medina Lozano, Manuel Javier; Idrovo Torres, Diego Francisco
The present thesis project addresses the issue of the protection status of the Amazon from the perspective of the Law of the Amazon States. The Amazon, considered as one of the most valuable treasures of our world because of its biodiversity and its crucial role in the global climate balance, faces multiple challenges in terms of conservation, and preservation. Throughout this context, the legal and regulatory framework established by the Amazon States is assessed to preserve this important ecosystem. Furthermore, it analyses the international agreements, treaties and conventions, in which the Amazon States have participated and have been ratified; along with the national laws and regulations promulgated to protect the Amazon. Likewise, the challenges and obstacles faced by these institutions are scrutinized as well as the potential resolutions to improve their surveillance and control capacity. As a result, this graduation project seeks to contribute to the academic debate regarding the protection status of the Amazon in the Law of the Amazon States. It stresses the need to enforce the legislation and the existing compliance schemes; thus, promoting greater cooperation between the Amazon States in order to guarantee a long-term conservation of this valuable ecosystem and its natural and cultural wealth to the present and future generations.
El hábeas data como recurso de protección de datos personales: análisis jurisprudencial de la sentencia constitucional No. 2064-14-EP/21
(Universidad de Cuenca, 2025-09-12) Palacios Zúñiga, Marithza Paola; Idrovo Torres, Diego Francisco
In Ecuador, the right to personal data protection holds constitutional status and is specifically regulated by a law that defines how such information must be handled. This research project analyzes Habeas Data as a legal mechanism for the protection of personal data in cases involving the non-consensual dissemination of intimate photographs in Ecuador, using Constitutional Ruling No. 2064-14-EP/21 as its central focus. Accordingly, the general objective was to examine the legal and jurisprudential impact of the aforementioned ruling, identifying its contribution to the defense and protection of constitutional rights such as privacy, intimacy, and image. To achieve this purpose, a qualitative approach was employed, using the analysis-synthesis method and data collection techniques. The findings of the research theoretically emphasize that Habeas Data is a significant legal safeguard for the protection of sensitive personal data, particularly when such data transitions from the private sphere to the digital realm. However, it was also determined that there are still obstacles in its practical application—especially in cases where the unauthorized disclosure of intimate content has become a challenge for the enforcement of rights in the digital age. Therefore, the study concludes that it is essential to enact a specific law, adopt a more rights-based judicial interpretation, and issue rulings with a gender perspective. This thesis contributes to highlighting the urgency of improving personal data protection mechanisms in the digital environment.
El juicio político a presidente y vicepresidente en el Ecuador: 2008-actualidad
(Universidad de Cuenca, 2025-03-25) Suárez Guillén, Jonnathan Ariel; Idrovo Torres, Diego Francisco
In modern constitutions around the world, impeachment is a tool to oversee the actions of executive branch officials. Ecuador is not the exception. Since 1979, when democracy was restored, different constitutions over the years have established this institution, modifying its content, but always serving the same purpose: overseeing. This paper briefly analyses how impeachment has been established in different constitutions since 1979, especially that of 2008, and how it has been applied to state ministers throughout the country’s recent history. However, the main focus is on two emblematic cases of impeachment of a president and vice president that occurred after the return to democracy: the cases of Jorge Glas Espinel an Guillermo Lasso Mendoza. Their backgrounds and trials were analyzed, as well as how those have been used so that each of these officials can be liable for corruption activities that occurred during their administrations. It can be concluded that at least in cases of impeachment of the president or vice president of the republic, impeachment proceedings have been requested in order to make those officials liable for illegal activities that could have been happened during their administrations.
El uso del Estado de sistemas de puntuación social (social scoring) y su incompatibilidad con el principio de no discriminación en la Constitución ecuatoriana del 2008
(Universidad de Cuenca, 2025-02-27) Benalcazar Correa, Diego Mateo; Idrovo Torres, Diego Francisco
The title of this thesis is "The State's use of social scoring systems and their incompatibility with the principle of non-discrimination in the 2008 Ecuadorian Constitution". This study examines how a potential implementation of social scoring systems within the Ecuadorian State may contravene the principles established in the 2008 Ecuadorian Constitution, specifically the principle of non-discrimination. It analyzes how these systems, which evaluate and rate citizens based on their behavior and activities, can create discriminatory environments, affecting the fundamental rights guaranteed by the Ecuadorian Constitution.
Habeas Corpus como garantía jurisdiccional de los animales silvestres: aplicación de la sentencia No. 253-20-JH/22 del caso Mona Estrellita en el caso No. 15241-2022-00006 Perezoso Cuqui Brown
(Universidad de Cuenca, 2024-01-27) Verdugo Muñoz, Patricia Catalina; Idrovo Torres, Diego Francisco
The recent change of perspective from the anthropocentrism to the biocentrism has caused the recognition of animals as subjects of rights. This implied the development of its recognition, as well as the possibility of those rights to be justiciable through jurisdictional guarantees such as habeas corpus. Thus, this paper seeks to analyze how the ratio decidendi, contained in the Constitutional Court ruling for "Mona Estrellita" case, has been applied. This is specifically analized on the case 15241-2022-00006 that shares relevant characteristics with the here by described ruling. The proposed case study used an analytical-descriptive approach and design. As a conclusion, through a documentary and jurisprudential review, it was possible to determine that the arguments of the intervening parties were not correctly presented, since there are still remnants of an anthropocentric and utilitarian vision in their interventions, which do not consider the rights of animals. It also was evident that the degree of preparation and knowledge that the judges have, in matters of Nature rights, is not sufficient, since the motivations do not shows a doctrinal understanding of the foundations of those rights. Therefore, we can say that there is still a long work to be done for the understanding and application of animal rights, indispensable for the positivization of the constitutional aspiration to achieve true sumak kawsay.
Incentivos ambientales, una vía efectiva hacia la protección ambiental, y su introducción en ordenanzas municipales de ciudades emergentes del Ecuador
(Universidad de Cuenca, 2024-01-17) Pesántez Franco, Geomara Lastenia; Idrovo Torres, Diego Francisco
The environmental incentives, of recent date, are embodied in a number of legal instruments within the Ecuadorian legal system as well as in international environmental legislation, accordingly, from the local governments the public administration has been having an incipient concern for the protection of the environment and the right to a healthy environment, however the problem however that we raise is Are the so-called "emerging cities" in Ecuador making a correct application of the current environmental legislation to prevent environmental pollution and promote good environmental practices through their ordinances? Emerging cities, as defined by the Inter-American Development Bank for Latin American cities that meet certain requirements of sustainability and sustainability, have not come to meet the expectations provided by the normal because the public policies applied are inefficient, resorting to more formalistic or coercive methods to prevent polluting practices and influence the behavior of modern citizens, This is why the present work includes a series of recommendations at the time of issuing ordinances that promote the care of Pacha Mama and even a proposal for an ordinance to the canton of Portoviejo that can be tangible and which will be followed up.
La administración de justicia con perspectiva de género, en Ecuador: una mirada desde el constitucionalismo transformador
(Universidad de Cuenca, 2025-02-27) Labanda Fierro, Sheila Naomy; Idrovo Torres, Diego Francisco
This study examines the incorporation of the gender perspective in the administration of justice as a necessary element to achieve a real guarantee of the rights to equality, non-discrimination and access to justice. To this end, it reviews the situational and normative context that affects the adoption of this tool in Ecuador, taking into consideration the principles that revolve around the theoretical model of transformational constitutionalism, which allow us to determine that judging with a gender perspective is, in essence, a concretization of the claim of equality that sustains a society that respects the fundamental rights contained in the constitution.