Jurisprudencia y Ciencias Sociales
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Item Los derechos de los adultos mayores y el control de convencionalidad en el Ecuador(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Medina Pilataxi, Alexis Joel; Saca Balladares, Melinton FernandoThe analysis of the topic arises because older adults have commonly been considered another burden for society, they have become the object of mistreatment and discrimination, for this reason, the objective was: to analyze the way in which conventionality control is applied to guarantee the rights of older adults. The methodology followed an eminently qualitative approach through the collection of data, with the review of judicial resolutions referring to the elderly and the control of conventionality, the method was deductive with an approach from the general to the particular, in addition the interview technique was used. Aimed at judges and legal professionals, another resource was bibliographic files and mnemonic files. Regarding the results, it was obtained that the interviewees identified a series of rights that they consider violated on a recurring basis, one of them is the lack of care and protection, lack of medical care, discrimination in employment, poor access to services and others benefits; They highlight that this type of control is the most relevant and effective in the country, in addition, concentrated control is the main approach to guarantee that internal standards are aligned with international regulations. It is concluded that the rights of older adults are supported by international treaties and conventions, which establish a solid legal framework that seeks to eliminate barriers and discrimination, promoting active participation in society, guaranteeing access to essential services through recognition of their rightsItem El principio de control de convencionalidad en las sentencias emitidas por la corte Constitucional del Ecuador(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Comunicación, Desarrollo y Cambio Social, 2019-12) Pascumal Luna, Ricardo Fabian; Mayorga Naranjo, Nelson EduardoThis article gives an account of the object of the control of conventionality, in reference to the subjects obliged to apply it in the domestic legal system, from the perspective of the Inter-American Human Rights System. However, it was inquired how this principle is applied in the sentences issued. by the Constitutional Court of Ecuador, and its impact on the internal legal order of the State. The importance and interest of this research is focused on the fact that through the methodology of content analysis, 276 sentences of the highest constitutional body in the country were studied, with the purpose of determining the degree of application of conventionality, understood as conventions, judgments, advisory opinions and in itself the control that all administrative, judicial and jurisdictional authority must perform. The results were surprising, 99% of the sentences studied they do not apply the principle of conventionality control. We would explain why Ecuador has been declared internationally responsible before the Inter-American System, in addition to the payment of millions in compensation for reparations to the victims. The conclusion drawn from this investigation is that we have an unconstitutional legislation and jurisdictional system. It is essential to conclude that the Constitution of the Republic of Ecuador and no other norm of the internal legal order does not contemplate how and who should perform the control of conventionality of all acts derived from the jurisdictional organ, existing a normative and dogmatic vacuum in this regard.