Los estándares del principio de igualdad y no discriminación en la jurisprudencia ecuatoriana del año 2024

Abstract

Abstract: This thesis addresses how the Constitutional Court of Ecuador, during the year 2024, has developed essential standards on the principle of equality and non-discrimination. Through the study of twelve fundamental rulings, a shift in legal interpretation can be observed, moving from a formal approach to a more substantive one, which recognizes real inequalities and seeks to reform them. The research identifies how the Court has applied intersectional criteria and protected the rights of excluded groups, such as indigenous people, people with HIV diseases, and LGBTIQ+ groups. Highlighting the control of conventionality and the pro persona principle as tools to reinforce the protection of rights. Throughout the research, important criteria are recognized, and challenges are identified, such as the lack of effective mechanisms to comply with court rulings. Overall, the thesis shows us how jurisprudence has become a key instrument to promote a more just and inclusive equality for all people.