Inclusión laboral y dignidad humana: Análisis constitucional de la protección jurídica de las personas con discapacidad física para su desarrollo profesional

Abstract

Abstract:This research analyzes the effectiveness of constitutional and jurisprudential protections for the right to work of persons with physical disabilities in the Ecuadorian private sector, with an emphasis on enhanced job security and the legal concept of "ineffective dismissal" (*despido ineficaz*). The objective was to determine whether the current constitutional, legal, and jurisprudential framework guarantees effective protection against workplace discrimination or if barriers persist that limit the inclusion, job retention, and professional development of this priority-attention group. The study employed a qualitative approach using doctrinal-legal, analytical, comparative, and jurisprudential methods, complemented by Diego López Medina s methodology for the dynamic analysis of precedents. The results reveal a progressive evolution in constitutional case law toward strengthening substantive equality, the obligation to implement reasonable accommodations, and the consolidation of enhanced job security as a protective guarantee. However, the study identifies business practices and judicial decisions that prioritize financial compensation over the worker's actual reinstatement, thereby undermining the remedial purpose of the ineffective dismissal mechanism. It is concluded that effective protection of the right to work requires the comprehensive application of constitutional principles, adherence to binding precedents, and the elimination of structural barriers that continue to restrict the workforce inclusion of persons with physical disabilities.