El derecho humano a la movilidad y el deber de protección especial del estado ecuatoriano

Abstract

The Human mobility is a phenomenon produced by the economic, political and social weakening of the rule of law. In the 2008 Constitution of Ecuador, human mobility is no longer considered a problem, but takes a new two-way guarantee conception; that is to say on the one hand a constitutional right and on the other, a special duty of protection of the State. Likewise, the migratory waves that Latin America has suffered in the last decade has made visible that the lack of weak and austere public norms and policies in the protection of human rights, mainly by contradicting the special duty of protection with discriminatory and threatening norms against the dignity of people. In this regard, International Human Rights Protection Organizations such as the UN. OAS and UNHCR, have ruled that states should couple their domestic legislation and avoid abusive and arbitrary behavior against migrant groups that cross and live in each State party, this leads to an analysis of whether the State Ecuadorian fully fulfills its special duty to protect the right of human mobility, established in Article 41 of the Constitution.