Unidad de Posgrado

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    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 Alejandra; Vargas Villacrés, Borman Renán
    Affirmative 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.
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    Las políticas públicas de protección a extranjeros y el Derecho Constitucional de libre movilidad humana en el Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Mayorga Cabrera, Fausto Alfredo; Poaquiza Poaquiza, Ángel Patricio
    This thesis is aimed at determining the degree to which the law guarantees the rights of people in mobility, called immigrants within the Ecuadorian State. Considering itself as a current issue and that merits an effective analysis, allowing evidence of the flaws of the law and the regression of the rights raised. Knowing that Ecuador has the denomination of state guarantee of rights and social justice, which is considered constitutionalist and therefore one of its primary duties is the safeguarding of fundamental and constitutional rights. Based on this structural basis of rights recognized in a constitutional block, it is not only staged the express typing in the constitution that all people enjoy formal and material equality before the application of the law and other norms. For this reason, equal treatment is required from international protection, considering that an immigrant derives from various situations and can be refugee, isolated and even exiled. Human mobility is considered a right and for it to be guaranteed it is necessary to have legal mechanisms that allow it, promoting the free exercise of equality as a fundamental right. Thus, an analysis of the realities of people in a state of mobility was carried out, in which social problems are evidenced. The results of the surveys allow to know the normative reality and the existing shortcomings that require possible solutions. The strengthening of regulations is recommended to safeguard the rights of this group of people. It is concluded that people in a state of mobility should be considered as a priority care group, in which for various reasons, whether social, economic, political or military, it has become a legal challenge that must be remedied to guarantee rights.