Reclutamiento de menores para delincuencia organizada en Ecuador: análisis de insuficiencias normativas del Artículo 369.1 del COIP y su reconocimiento como esclavitud moderna

Abstract

Abstract: The recruitment of children and adolescents by criminal organizations in Ecuador is a violation of human rights that has grown alarmingly in recent years. This article analyzes the insufficiency of Article 369.1 of the Comprehensive Organic Criminal Code (COIP) and assesses its classification as modern slavery. A qualitative, legal-dogmatic, descriptive, and comparative methodology was employed, using secondary sources (doctrine, studies, reports from OECO and UNICEF) and primary sources (the Constitution, COIP, the Convention on the Rights of the Child, and the Palermo Protocol). The techniques include jurisprudential content analysis, comparative normative analysis, and documentary analysis, contrasting Ecuadorian legislation with international standards. The findings reveal that this practice meets the eight criteria established by the Inter-American Court of Human Rights (CIDH) (case Workers of the Brasil Verde Farm v. Brazil, 2016): coercion, constant control, limitation of autonomy, and economic and psychological exploitation. Article 369.1 establishes penalties of ten (10) to sixteen (16) years of imprisonment, but it does not classify the conduct as modern slavery, creating discrepancies with international commitments. It is recommended to reform Article 369.1 to align it with international standards, increase penalties in cases of slavery, and strengthen public policies for the protection, reparation, and guarantee of rights for victims.