La condición jurídica de las personas naturales extranjeras: los derechos privados o civiles, los derechos políticos o cívicos, los derechos públicos o humanos

Abstract

In the long history that has been given regarding nationality, it must first be established that nationality can be obtained through different forms, and that they are of great importance to know. Nationality determines the legal status of people, which will depend precisely on their nationality, so it must be recognized that certain current legislation seeks to equate civil, political and human rights for both nationals and foreigners, as well as in several countries, internal legislation still distinguishes nationals from foreigners, establishing a kind of status proper to the national and a different one proper to the foreigner, with certain limitations. Now, with respect to foreigners and their legal status, a series of civil, political, social, and human rights are recognized, which they allow them to enjoy when entering a certain State. Being a citizen implies having rights and duties that must be fulfilled, knowing that those will be responsible for the coexistence of the individual in society. Foreigners must abide by certain migratory conditions in order to determine their legal status and prevent the violation of their rights. In Ecuador, the category of foreigner, of course, is very broad, but it is clear that it includes migrants, immigrants, people in forced displacement, persons subject to protection, visitors and residents. Therefore, the general rule is equality among all inhabitants. The exceptions to this equality can only be those established by law and the Constitution itself. The rights included in international instruments are directly and immediately applicable by and before any judge, court or authority. Therefore, it must be clearly emphasized that the protection of human rights is legally obligatory and is even above any law or provision of authority.