Medidas de reparación integral: caso Guzmán Albarracín y otras Vs. Ecuador

Abstract

This research work analyzes the reparation measures dictated in the court ruling of the Guzmán Albarracín and Others v. Ecuador case issued by the IACHR Court in 2020 and the challenges of its execution in the national legal system; it represents a paradigmatic case concerning the protection and prevention of the rights of children and adolescents in the educational sphere, in which the Ecuadorian State was declared responsible. For the aforementioned analysis, first the legal, doctrinal and jurisprudential foundations are addressed, as well as the conceptual evolution of the legal figure of reparation in its double notion, as a state obligation and as a right of the victims, subsequently the factual and legal arguments of the case are analyzed, which allows the study of the measures dictated in the case based in the right to effective judicial protection. Finally, it determines the degree of compliance of the reparation measures dictated in the referred sentence, the challenges in its execution, and the compliance of the same having culminated the term dictated by the IACHR Court for such purpose, and it is concluded that both in the InterAmerican and internal legal systems there are structural obstacles that contravene the execution of sentences dictated by organs of the Universal System for the Protection of Human Rights and therefore, the right to effective judicial protection