Efectividad del derecho constitucional de no discriminación en el contexto de COVID-19: caso trabajadora de institución bancaria con enfermedad catastrófica

Abstract

The present investigation examines the protection action filed by K.P.A.M against the banking entity, focusing on the labor disengagement of the worker, diagnosed with ovarian cancer in 2017; in such a way that the central object will be to determine whether the aforementioned jurisdictional guarantee action is the suitability to challenge the termination act that led to the termination of the contract, for the aforementioned reason. The relevance of the case lies in the possible violation of constitutional rights and its impact on the interpretation of Ecuadorian labor legislation regarding catastrophic diseases. The research process was carried out through the analysis of documents and legal norms as well as interviews with legal professionals. At the end of the research it is concluded that the action of protection is the ideal way and it is suggested that the Ecuadorian legal system should consider the necessary protection for workers with catastrophic diseases, recommending a revision and strengthening of the legal provisions related to the reinforced labor stability in these cases.