La vigencia del bloque de constitucionalidad y su concepción como sistema de protección de los derechos humanos en el Ecuador

Abstract

Human Rights are the proclamation of human dignity, which address characteristics that limit political models and the exercise of the functions of a Government. This is what has been tried to explain by means of a case study dating back to dates prior to the entry into force of the 2008 Constitution, exactly in 2002, and it was not until 2019 that the Inter-American Commission on Human Rights, after carrying out the substantive analysis through the relevant investigations, it decided on that matter by establishing the International Responsibility of the Ecuadorian Government and recommending several points for full reparation; because this is the first case of sexual violence to reach international bodies after seventeen years of impunity, which have been the irrefutable cause of the loss of life of a mother and her daughter, the sister of a girl who was the victim of sexual abuse, and also negligence both in life and after her death, as she killed herself at an early life because of the depressive circumstances that were aftermath of the abuse towards her. The case currently under study is truly relevant to the design of an International Human Rights Systems, as well as its democratization and the contrast that Ecuador has been developing with regard to a model of the rule of law towards a Constitutional Model of Rights. These events, in addition to being an argument for modern constitutional rigor, are based on the existence of a Block of Constitutionality that contributes to the applicability of Human Rights not only in international bodies but also directly within Internal Legal Systems. The effectiveness of the domestic legal system of the Ecuadorian Government has been called into questions by a number of events that have come before these bodies, and this case increase criticism of the judiciary and of the Government's capacity to protect Human Rights. But on the other hand, it demonstrates the functionality of a Protection System that has evolved in a positive way and that, as a result of this process, it is the first case of sexual violence within educational institution to reach this international body, will generate a valid binding jurisprudence that serves as a parameter in similar cases and therefore an exegetic component in the so-called Block of Constitutionality. Life, sexual integrity, among other human and fundamental rights, were violated and sullied not only by those who consider themselves participants in the crime, but also by those who had a legal obligation to report, to assist, to prosecute and to make reparation respectively for the occurred events. The Ecuadorian justice system has not responded satisfactorily in this and many other cases, that in fact, beyond what is involved in the full reparation of a family devastated by the result and impunity, urgent reparations can be made to the Ecuadorian justice system.