Browsing by Author "Castillo Monar, Angela Lourdes"

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    El derecho a la salud de los habitantes del Cantón Lago Agrio y la explotación petrolera
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-03) Castillo Monar, Angela Lourdes; Montero Solano, Juan Pablo
    The present research work has as its theme. "THE RIGHTS TO THE HEALTH OF THE CANTON LAGO AGRIO INHABITANTS AND PETROLEUM EXPLOITATION", the investigation showed that the rights to health guaranteed by the Constitution of the Republic are being violated cruelly by companies Due to the fact that they carry out extractive activities of petroleum without the proper precaution and methodology. In addition, the investigation revealed that the oil companies have not made any kind of reparation and much less compensation to the people who have been and still are affected in their health by the environmental contamination that provoke to extract the petroleum. It is important to mention that the present research arises from the need to implement a legal regulation that ensures the right to health of the inhabitants that have been affected by the great contaminations caused by oil companies when extracting oil from the Ecuadorian Amazon, allowing So give a contribution to the community and above all make respect the rights enshrined in the Constitution of the Republic, especially the right to health established in its art. 32. With these considerations and in application of article 396 ibidem that determines that "the State adopts the appropriate policies and measures that avoid the negative environmental impacts when there is certainty of damage" and if there is doubt about the environmental impact although there is no scientific evidence the State shall take appropriate and timely measures in defense of the rights of nature and the rights to health. In other words, the State will be responsible and guarantor of the rights established in the supreme norm or charter to ensure a dignified life for the Ecuadorian people.