La protección laboral reforzada de las personas con discapacidad en la jurisprudencia constitucional ecuatoriana

Abstract

Abstract: This study analyzes the jurisprudential evolution regarding the reinforced job security of persons with disabilities and their designated substitutes in Ecuador, based on the line of precedent established by the Constitutional Court. The objective is to identify the constitutional standards guaranteeing protection against dismissal and to determine how the rules applicable to priority-attention groups have evolved. A qualitative, legal, documentary, and analytical-descriptive methodology was employed, grounded in an analysis of the Constitution, national regulations, international instruments concerning disability, and constitutional case law. The research identifies Judgment No. 258-15-SEP-CC as the foundational ruling recognizing reinforced job security for persons with disabilities; Judgment No. 1067-17-EP/20 as the consolidating ruling extending this protection to substitute workers; and Judgment No. 2126-19-EP/24 as the dominant ruling, which incorporates the principle of material truth and strengthens standards regarding the justification, reasonableness, and proportionality of dismissals. The study concludes that the Constitutional Court has consolidated a rights-oriented line of precedent that reinforces substantive equality, human dignity, non-discrimination, and effective judicial protection, thereby imposing heightened constitutional scrutiny on employment decisions affecting vulnerable individuals.