Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: This paper examines the violation of rights suffered by NN, beginning with her termination of employment during her maternity leave. This demonstrates that the actions of the Institute for Democracy violated her job security and enhanced protections, given her membership in a group with priority characteristics. Based on jurisprudence and regulations, it is proven that immediate dismissal during pregnancy constitutes a violation related to direct discrimination based on reproductive roles, impacting her access to employment and, consequently, her access to social security and the postpartum care that must be provided. The ruling highlights that the protective action can be seen as a type of immediate redress, which can be used when no other judicial mechanisms exist to resolve the problems. Therefore, the protective action is a valid tool because it is the action that can be used in cases of workplace harm due to maternity. The main contribution of this work is to highlight the importance of designing and establishing specific institutional policies to guarantee the non-repetition of rights violations and to generate comprehensive protection processes for women who are pregnant and breastfeeding, reiterating that labor rights are fully enforceable according to international and constitutional standards and due process.