The political persecution in Ecuador has two faces. First, political opponents are criminalized, incarcerated or forced to exile. Second, their political rights are restricted. This contribution will discuss the second point, the restriction of political rights, by studying one specific type of restriction: the inclusion of term limits. I will discuss whether there is a human right to re-election. I will conclude that there is no autonomous human right to re-election in international human right law, but term limits do amount to a restriction of political rights. Being a restriction, term-limits should satisfy the “strict proportionality test” applied by the Inter-American Court of Human Rights. I will demonstrate that the re-establishment of term limits in Ecuador did not satisfy the Inter-American Court’s test, because it failed to comply with constitutional requirements, and because it aimed at banning the political opponents of the current regime.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!