Jurisprudencia y Ciencias Sociales
URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892
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Item type:Ítem, Los derechos de adultos mayores dentro de los grupos de atención prioritaria en el Ecuador y el uso de las acciones afirmativas(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) ;Santo Guanoluisa, Kerlin DayanaAltamirano Carrasco, Rina SofiaDespite the fact that older adults belong to the priority attention group due to their vulnerable condition in Ecuador, they often face several barriers to access their rights. The objective of this research focuses on analyzing the application of affirmative actions that guarantee the rights of older adults. The methodology followed a qualitative approach based on the collection of information through primary and secondary sources, the method used was analytical since it was an in-depth research and deductive since it starts from the general and the particular, the type of research was documentary, historical, descriptive. The information was obtained through the interview technique and the instrument applied was the interview guide directed to professionals involved in the rights of older adults and affirmative actions in the canton of Ambato. The results showed that the interviewees identified a series of violated rights, as well as the barriers that older adults face in exercising their rights, such as discrimination, prejudices and negative stereotypes about old age and lack of knowledge of their rights. It is concluded that the application of affirmative actions in favor of older adults seeks to compensate for disadvantages and inequalities in order to achieve equality of conditions and guarantee the full exercise of their rights. These rights are recognized by a solid legal framework that seeks to guarantee their exercise within the framework of priority and specialized attention, and are protected by international instruments that ensure the recognition, full enjoyment and exercise of these rights under equal conditions. There are affirmative actions in favor of the elderly that guarantee fundamental rights, but there is still a great shortage of affirmative actions for other rightsItem type:Ítem, Políticas de acciones afirmativas étnicas y los principios constitucionales de igualdad y equidad(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) ;Chulco Lema, Byron JavierIlaquiche Licta, Raúl ClementeAffirmative actions are determined in our Constitution as policies aimed at creating equality and equity. In this sense, the State, in its actions to achieve these principles, it has implemented the mandatory application of the same in both such as a public and private spheres, expecting this to include groups considered historically discriminated against in our country. In this sense, the present investigation searches to determine if the application of affirmative actions allows formal and material equality by State objective. Likewise, it seeks to verify to what extent the people belong to a minority group are underestimated, exposing the thesis that they will not be able to achieve something without state aid. Within this framework, observe that affirmative actions seek to create equality through differentiation. The application of affirmative ethnic actions applied to both the workplace and education in our country, generates situations of equity and equality only at the starting points, but it does not ensure situations of permanence, which would help to achieve in a real way the guarantee of accomplishment with constitutional principles. Therefore, we can conclude that the fact of benefiting from a cultural and historical differentiation results in greater processes of exclusion and inequality. Within this framework, we may establish that the social impact generated by the application of Affirmative Actions has not been analyzed or taken into account. Such is the case that can be considered as differentiating actions between citizens. However, it is more accurate to opt for policies that emphasize ensuring that people belonging to an ethnic group benefit from affirmative actions within the educational field, with equal access and a guarantee of completing a degree that later becomes the axis that contributes to inclusion of it in the workplaceItem type:Ítem, Las acciones afirmativas como políticas públicas de igualdad de género en un estado constitucional de derechos(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-11) ;Chávez Toscano, Ivonne AlejandraVargas Villacrés, Borman RenánAffirmative action public policies, also known as positive discrimination policies, have been implemented in Ecuador with the aim of mitigating the multiple factors that cause conditions of discrimination and inequality. Most of all, those that are based on social constructions of gender. According to Rawls (2001, p. 29) “Undeserved inequalities require compensation; and since the inequalities of birth and natural gifts are undeserved, they will have to be compensated in some way”. Thus, the creation of the famous affirmative actions is justified, having as a fundamental pillar the right to gender equality that is guaranteed by the Constitution of the Republic of Ecuador. However, in recent times, several questions have emerged. For example: Why, despite legislative progress in the field of human rights, are there still such marked phenomena of inequality ?; What is stopping a change in the culture and in the symbolic references of the masculine and feminine ?; Are the affirmative actions implemented in Ecuador really working to generate gender equality or do they only reinforce sexist stereotypes ?; How do the design of public policies with a gender perspective based on social constructions of stereotypes affect the social imaginary? The problem that this research work aims to focus on is precisely the impact of the results generated by the application of affirmative actions in our environment. In such a way that it is demonstrated how those, contrary to precautionary the constitutional right of gender equality, are violating it, strengthening the social stereotypes between men and women. As explained in the previous paragraphs, affirmative actions are being created, not only in Ecuador but in various parts of the world. Thus, they are taken as a means of reducing violence and inequality between men and women. However; The present investigation will criticize that this type of affirmative action implies in itself a reinforcement of stereotypes and protection messages for a certain group that needs special measures by the State. Consequently, said situation generates contradiction and debate regarding gender equality as a constitutional right.
