La protección de los derechos colectivos de los pueblos indígenas en Ecuador: análisis crítico según la jurisprudencia de la Corte Constitucional del Ecuador

Abstract

Abstract: This paper analyzes the protection of the collective rights of Indigenous peoples in Ecuador, with special emphasis on the jurisprudence of the Constitutional Court. Using a critical and analytical approach, it examines how these rights, recognized in the 2008 Constitution and in international instruments such as ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples, have been interpreted and applied by the Ecuadorian Constitutional Court. This study identifies important advances in prior consultation, Indigenous jurisdiction, and self-determination, highlighting unique rulings such as Court No. 20-12-IN/20, which declared a law unconstitutional for contravening corelective rights by omitting the prior consultation process, ancestral possession, cultural, and subsistence rights. It also notes a persistent gap between legal recognition and effective enforcement, due to deficient institutional practices and pressure from economic interests. It is concluded that the Court has established binding standards and progressive doctrine, but regulatory reforms, institutional strengthening, and community empowerment are needed to guarantee these collective rights.