Las políticas públicas de protección a extranjeros y el Derecho Constitucional de libre movilidad humana en el Ecuador

Abstract

This thesis is aimed at determining the degree to which the law guarantees the rights of people in mobility, called immigrants within the Ecuadorian State. Considering itself as a current issue and that merits an effective analysis, allowing evidence of the flaws of the law and the regression of the rights raised. Knowing that Ecuador has the denomination of state guarantee of rights and social justice, which is considered constitutionalist and therefore one of its primary duties is the safeguarding of fundamental and constitutional rights. Based on this structural basis of rights recognized in a constitutional block, it is not only staged the express typing in the constitution that all people enjoy formal and material equality before the application of the law and other norms. For this reason, equal treatment is required from international protection, considering that an immigrant derives from various situations and can be refugee, isolated and even exiled. Human mobility is considered a right and for it to be guaranteed it is necessary to have legal mechanisms that allow it, promoting the free exercise of equality as a fundamental right. Thus, an analysis of the realities of people in a state of mobility was carried out, in which social problems are evidenced. The results of the surveys allow to know the normative reality and the existing shortcomings that require possible solutions. The strengthening of regulations is recommended to safeguard the rights of this group of people. It is concluded that people in a state of mobility should be considered as a priority care group, in which for various reasons, whether social, economic, political or military, it has become a legal challenge that must be remedied to guarantee rights.