El derecho al trabajo de las personas con discapacidad en el ordenamiento jurídico ecuatoriano en 2025

Abstract

Abstract:In the contemporary state, access to employment for people with disabilities represents a significant challenge. The current trend toward the protection and inclusion of vulnerable groups faces practical problems and a lack of political will that hinder its implementation. In the case of Ecuador, the 2008 Constitution established a legal framework informed by international treaties ratified by the Republic, which seek to guarantee substantive equality and prevent all forms of discrimination. However, contradictions persist between this guarantee-based legislation and its effective implementation by the various entities of the Ecuadorian State. This is the case of Sandra Catalina Montaleza Juca, who filed a lawsuit demanding "the right to a dignified life interdependent with the right to work for people with disabilities." In her complaint, the plaintiff outlines the legal principles that were violated: substantive equality and the principle of non-discrimination. This case is a landmark in the field of education regarding the value of the right to work for people with disabilities in Ecuador.