Estándares jurisprudenciales de reparación integral frente al acoso laboral en Ecuador, 2020 - 2026

Abstract

Abstract: This study analyzes the jurisprudential standards for comprehensive reparation in cases of workplace harassment established by the Constitutional Court of Ecuador between 2020 and 2026. It does so through a direct examination of constitutional rulings in dialogue with comparative jurisprudence from Spain, Colombia, Peru, and Chile, as well as international instruments and specialized legal doctrine. The analysis reveals that comprehensive reparation does not function as a uniform measure but rather as an articulated system comprising five standards: a constitutional triggering condition and four components of reparation restitution, satisfaction, economic compensation, and guarantees of non-repetition each possessing an autonomous legal nature. These structural guarantees operate along a scale of increasing intervention, ranging from sectoral public policy to direct regulatory correction, thereby demonstrating a shift from an individualistic, reactive understanding of workplace harassment toward a preventive and transformative constitutional response.