Estabilidad laboral reforzada de las personas que viven con VIH en la jurisprudencia constitucional ecuatoriana.

Abstract

Abstract:This research addressed the enhanced job security of individuals living with HIV within Ecuadorian constitutional jurisprudence. The primary objective was to analyze the development and evolution of the jurisprudential standard, specifically regarding the employer's knowledge of the diagnosis, the presumption of discrimination, the burden of proof, job reassignment, and comprehensive reparation. The study was conducted in Ecuador using legal-documentary research focused on the Constitutional Court. The sample consisted of eight rulings: five from the core body of case law concerning HIV and three from a supplementary set regarding catastrophic illnesses and disabilities. The study employed legal-dogmatic, analytical-synthetic, inductive, historical, and comparative methods, alongside literal and systematic interpretation. Methodological techniques included a systematized literature review and dynamic precedent analysis; instruments included case law summaries, data extraction matrices, and citation network analysis. The results demonstrated that the Court established an enhanced protection framework applicable to both the public and private sectors based on a presumption of discrimination and a heightened burden of proof although tensions persist regarding diagnosis awareness, reassignment, procedural admissibility, comprehensive reparation, confidentiality, and consistency of criteria.