El derecho a la igualdad y no discriminación en la jurisprudencia de la Corte Constitucional ecuatoriana

Abstract

Abstract: The right to equality and non-discrimination, enshrined in the Ecuadorian Constitution, involves two dimensions: formal equality and substantive (material) equality. It requires the State to guarantee dignified and discrimination-free treatment, especially for historically vulnerable groups so-called suspect classifications. However, there are norms that may appear equal on the surface but are discriminatory in practice because they fail to consider groups that are commonly subjected to discrimination. Through affirmative action, the State seeks to achieve real (substantive) equality. These measures do not imply privileged treatment. The Constitutional Court of Ecuador has addressed this right in various rulings, establishing different elements to consider when assessing discriminatory treatment, particularly in relation to suspect classifications. Based on this, the present work focuses on the conceptualization of various terms related to the right to equality and non-discrimination. It is also important to analyze the different components outlined by the Constitutional Court of Ecuador through a line of jurisprudence, culminating in an analysis of the equality test, which allows us to identify the real existence of discriminatory treatment.