Repairing completely for victims of rights violations is more difficult than recognizing the violation of their rights, hence the brench of sentences that guarantee social rights affects the victims and the institutional framework of the Constitutional Courts or Tribunals. The problem that will be explained in this presentation consists of exposing the difficulties that the High Constitutional Courts at the time of materializing the sentences of structural discrimination and the comprehensive reparation measures in the area of Economic, Social and Cultural Rights. Hence, a criticism of the judicial or traditional model of execution of sentences will be raised to propose, from the deliberative theory, a solution that contemplates dialogical justice to achieve greater effectiveness of the decisions, considering that it is more appropriate and possible to comply with the sentences with these characteristics with the participation of those affected and the public institutions involved.
A vector is a line segment that joins two points in space, A and B, considering that A is the beginning of the segment and B is the end of it. Therefore, the vector has a direction magnitude, which is the length of the segment AB. In this work, it is stated that the analyzed vectors have a different origin, but all have the same end, becoming concurrent or angular vectors, interacting at a specific point. This Physics’ figure is related to the approach of “judicial dialogue”, especially regarding the protection of human rights. If we consider that there is a flow of information that starts from a certain point (international human rights courts) and reaches another (Constitutional Court of Ecuador), it is worth asking what vectors this traffic follows.
The Covid-19 worldwide crisis has proven – again- that social rights are fundamental for protecting lives, and that the social security systems should be strengthen. Not a single country was prepared for dealing with the SARS-CoV-2 virus but even less were the developing countries. For instance, lockdowns in Latin America cause suffering to poor people mostly because it causes food insecurity. Also, inadequate housing, poor sanitation, and lack of access to clean water prevents people from taking precautionary measures against Covid-19. These reasons, amongst others, should drive us to rethink how Constitutional Law can and must reinforce protection for social rights, specially by safeguarding social security systems, their benefits and decommodifying communal resources like health and labour.
Starting with the 2008 Constitution, the model of judicial review that the Ecuadorian constituent seems to have adopted is a robust model of judicial review in which constitutional judges have the last word. Several constitutional and legal provisions confirm this, giving rise to a strong commitment to a judicial option, deepening the classic problems of democratic foundation of constitutional control. Notwithstanding what has been said, the current institutional design also opens the possibility, – little studied in the framework of judicial review in Ecuador – to give way to a weak judicial review model where the control body generates spaces for institutional dialogue and social, attenuating the criticism against the majority in its most radical version.
This presentation advocate for a necessary dialogue between the Inter-American Human Rights System and the national constitutional courts, to offer creative responses to problems of constitutional relevance that, otherwise, would not obtain a satisfactory solution if the source were exclusively national law.
This paper discusses the constitutional amendments processes in the region, which occurred in times of pandemic, and how constitutionality control, in the cases in which it is foreseen, can contribute to adequate public deliberation. In this sense, the document seeks to give an account of how constitutional control can promote participatory processes of constitutional amendments, where the principles and rights that inform the constitutional States of our days are respected.