Maestría en Derecho Constitucional

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    Las acciones afirmativas como políticas públicas de igualdad de género en un estado constitucional de derechos
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-11) Chávez Toscano, Ivonne Alejandra; Vargas Villacrés, Borman Renán
    Affirmative action public policies, also known as positive discrimination policies, have been implemented in Ecuador with the aim of mitigating the multiple factors that cause conditions of discrimination and inequality. Most of all, those that are based on social constructions of gender. According to Rawls (2001, p. 29) “Undeserved inequalities require compensation; and since the inequalities of birth and natural gifts are undeserved, they will have to be compensated in some way”. Thus, the creation of the famous affirmative actions is justified, having as a fundamental pillar the right to gender equality that is guaranteed by the Constitution of the Republic of Ecuador. However, in recent times, several questions have emerged. For example: Why, despite legislative progress in the field of human rights, are there still such marked phenomena of inequality ?; What is stopping a change in the culture and in the symbolic references of the masculine and feminine ?; Are the affirmative actions implemented in Ecuador really working to generate gender equality or do they only reinforce sexist stereotypes ?; How do the design of public policies with a gender perspective based on social constructions of stereotypes affect the social imaginary? The problem that this research work aims to focus on is precisely the impact of the results generated by the application of affirmative actions in our environment. In such a way that it is demonstrated how those, contrary to precautionary the constitutional right of gender equality, are violating it, strengthening the social stereotypes between men and women. As explained in the previous paragraphs, affirmative actions are being created, not only in Ecuador but in various parts of the world. Thus, they are taken as a means of reducing violence and inequality between men and women. However; The present investigation will criticize that this type of affirmative action implies in itself a reinforcement of stereotypes and protection messages for a certain group that needs special measures by the State. Consequently, said situation generates contradiction and debate regarding gender equality as a constitutional right.
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    Políticas de acciones afirmativas étnicas y los principios constitucionales de igualdad y equidad
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Chulco Lema, Byron Javier; Ilaquiche Licta, Raúl Clemente
    Affirmative actions are determined in our Constitution as policies aimed at creating equality and equity. In this sense, the State, in its actions to achieve these principles, it has implemented the mandatory application of the same in both such as a public and private spheres, expecting this to include groups considered historically discriminated against in our country. In this sense, the present investigation searches to determine if the application of affirmative actions allows formal and material equality by State objective. Likewise, it seeks to verify to what extent the people belong to a minority group are underestimated, exposing the thesis that they will not be able to achieve something without state aid. Within this framework, observe that affirmative actions seek to create equality through differentiation. The application of affirmative ethnic actions applied to both the workplace and education in our country, generates situations of equity and equality only at the starting points, but it does not ensure situations of permanence, which would help to achieve in a real way the guarantee of accomplishment with constitutional principles. Therefore, we can conclude that the fact of benefiting from a cultural and historical differentiation results in greater processes of exclusion and inequality. Within this framework, we may establish that the social impact generated by the application of Affirmative Actions has not been analyzed or taken into account. Such is the case that can be considered as differentiating actions between citizens. However, it is more accurate to opt for policies that emphasize ensuring that people belonging to an ethnic group benefit from affirmative actions within the educational field, with equal access and a guarantee of completing a degree that later becomes the axis that contributes to inclusion of it in the workplace