Abstract

MACIAS FERNANDEZ, Walter Samno  and  CAMPAIN MARQUEZ., Jorge Ney. Direct Justiciability of Human Rights and the requirement of ratification of International Instruments in Ecuador. Revista San Gregorio [online]. 2023, vol.1, n.54, pp.269-292. ISSN 2528-7907.  https://doi.org/10.36097/rsan.v0i54.1982.

The general objective of the study was to assess the direct justiciability of Human Rights and the requirement of ratification of International Instruments in Ecuador. The relevance is focused on recognizing the criteria of internal validity of these instruments and the duty of the constitutional State to ratify its content. A study with a qualitative approach of documentary type with bibliographic design was carried out. The results allowed us to discuss the scope of the direct justiciability of Human Rights, which provides that a lack of legal norms cannot be alleged to justify the violation or ignorance, nor to dismiss the action for those facts. It is concluded that the direct justiciability of Human Rights is an imperative mandate for public servants, and especially for judges, which in any case exempts the process of ratification of International Instruments to prove their validity, based on the principle of prevalence in case of favorability, but also in the absence of a norm that contains it and even when there is an antinomy between the provisions of the fundamental norm and the international norm. This mandate is estimated as a characterizing element of the essence of the model of the Constitutional State accepted.

Keywords : Human Rights; direct justiciability; ratification of International Instruments; Republic of Ecuador.

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