Personas en situación de movilidad humana como sujetos de derechos en la jurisprudencia Constitucional Ecuatoriana

Abstract

Abstract: This research addressed the study of people in situations of human mobility as subjects of rights in Ecuadorian constitutional jurisprudence, focusing on the standards of the right to seek refuge and the principle of non-refoulement. It revealed a lack of application of minimum guarantees in refugee status recognition processes, as well as a failure to observe the principle of non-refoulement, which compromises the fundamental rights of the doubly vulnerable population. The objective focused on identifying applicable standards through a theoretical, doctrinal, and jurisprudential analysis of the rights of refuge and non-refoulement. The jurisprudential line on the right to defense was also examined, highlighting the guarantee of free interpreter assistance in refugee procedures. Using qualitative methodology, with a descriptive and analytical approach, it was determined that the Constitutional Court has established a guarantee-based jurisprudence line that recognizes the fundamental nature of the right to refuge and the direct application of the principle of non-refoulement, requiring individualized, reasoned, and human rights-respecting processes.