El acoso laboral y sexual en el sector público como vulneración de derechos fundamentales: aproximación constitucional a partir de la jurisprudencia de la corte constitucional del Ecuador

Abstract

Abstract:This research analyzes workplace harassment and sexual harassment in the public sector as forms of violence that violate fundamental rights human dignity, work under dignified conditions, equality, personal integrity, and non-discrimination through the lens of the constitutional state of rights and justice. The general objective is to determine the extent to which the jurisprudence of the Constitutional Court of Ecuador has developed effective protection against such conduct, taking into account the State's heightened duty as both employer and guarantor. A qualitative approach was employed, utilizing a legal-dogmatic methodology and constitutional hermeneutics, through an analysis of the Constitution, the LOGJCC, the LOSEP, the Labor Code, international human rights instruments, and rulings Nos. 986-19-JP/21 (and consolidated cases), 376-20-JP/21, 797-20-EP/24, and 1077-24-EP/25. The results demonstrate that the Court recognizes both forms of conduct as constitutionally relevant violence and requires the State to prevent, investigate, and sanction them, as well as to provide comprehensive reparation to victims, in accordance with standards of heightened due diligence, a gender perspective, and the elimination of stereotypes that hinder access to justice. It is concluded that consolidating effective institutional mechanisms is essential to guarantee safe and dignified work environments.