Preferencias académicas de los estudiantes de la Carrera de Derecho y su vinculación con los Objetivos de Desarrollo Sostenible (ODS) a través del estudio de sentencia

Abstract

Abstract: Sentence N.º 1024-19-JP of the Constitutional Court, addresses two emblematic cases which illustrate how employer arrears infringe on the fundamental rights of affiliates to the Ecuadorian Social Security Institute (IESS). Galo Patiño Quezada, a power line electrician who became disabled due to an electric shock suffered in 2016, was left without medical care, a prosthesis, or a disability pension due to his employer's arrears. His permanent disability was determined along with the joint liability of his employer, ELECMORONA, which subsequently filed a constitutional protection action in 2019. The ruling acknowledged the violation of his rights to health and a dignified life, ordering his immediate registration to receive benefits. Lorenzo Bustamante Aguirre died in 2012 while working as a dispatcher. His partner, Maritza Saavedra, and their minor children were unable to receive widow and orphan pensions due to their employer's arrears. Both rulings highlight the obligation of IESS and employers to safeguard the rights of insured individuals, emphasizing the impact of employer arrears as a direct violation of the rights to health, social security, and a dignified life.