Abstract

ESCUDERO SOLIZ, Jhoel. Regulatory and Structural limits to the Justiciability of Economic, Social and Cultural Rights or Good Living Rights in Ecuador. E&c [online]. 2020, vol.1, n.10, pp.95-116. ISSN 2477-9245.  https://doi.org/10.37228/estado_comunes.v1.n10.2020.151.

This article conducts a study on the achievements perceived in the recognition of Economic, Social and Cultural Rights (ESCR) or good living rights and the limits that affect their exercise and justiciability. These problems are scarcity and poverty; the cost of ESCR; poor public policies effectiveness; the obstacles of a judicial system based on private property; and the noncompliance of rulings that recognize these rights. To highlight difficulties of exercising these rights, three relevant cases are analysed through a deductive methodology. The Constitutional Court of Ecuador, between 2008 and 2019, addressed these cases due to their seriousness. They reflect a correlation with structural inequality and show that the victims, albeit obtained a favourable ruling, they were not able to fully exercise their right to housing, health, and social welfare, which are essential to accomplish a minimum degree of dignity or good living, as is stated by the Ecuadorian Constitution.

Keywords : Economic, Social and Cultural Rights (ESCR); good living; social welfare; public policy; limits; justiciability, rulings, Constitutional Court of Ecuador.

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