The Constitutional Court Of Ecuador In Equal Marriage

The Constitutional Court of Ecuador in equal marriage

Introduction

This trial is intended to indicate the pronouncements of the Constitutional Court of Ecuador with respect to equal marriage, describing the legal arguments of the court that contributed to prove that same -sex people have the same rights in marriage as heterosexual couples.

Jurisprudence is a very broad and significant field of analysis, the reason why its investigation is reasonable is that it is the space of interpretation and application of the norm, since, in the constitutional context of Ecuador, a legal discourse has been createdinfluential on the rights of all communities, peoples, nationalities and people from different groups with whom they identify;In this case, people who identify with the LGBTI group.

Until 2001, marriage between men and women has been a common rule in the western world. Since there was no regulation on the right to marriage of same -sex couples, de facto marriage and marriage were used. This number makes people gradually account for equal marriage. Some people of the same sex demand the recognition of the right to marriage, considering that the right to marriage is important in their life project and exercise rights such as dignity, equality, identity and freedom.

Therefore, the Constitutional Court of Ecuador has issued 2 historical failures in favor of same -sex marriage, because people are ideologically polarized between the improvement of rights and respect for traditional values.

Ecuador through these decisions by the Court, they have thus opened the door to the LGBTI marriage of the country and the joy of collective inclusion. Taking into account that the Court’s decision also consists of arguments against a part of its judges to grant family status in homosexual marriage, and therefore they will be indicated in this essay to determine whether there are sexual and gender stereotypes in gender inThese arguments.

Developing

Ecuador adopted a unified system about the relationship between domestic law and international law in the 2008 Constitution. This means that the rules of international law are directly applicable to our country. The level of these rules depends on the subject they deal with. In terms of rights, international standards have been incorporated into the ‘Constitution’. In case of conflict between constitutional norms and international norms, in accordance with the principle of person, the rules for the protection of fundamental rights must be defended.

Object of study, are the sentences issued by the Constitutional Court that thanks to these, so far two couples have registered their marriage, where they previously requested that the Constitutional Court order it, in order to guarantee the right to non -discrimination and theRespect for gender identity, since the Ecuadorian Civil Registry rejected its procedure and in the first case, they went to the Court of Pichincha, where subsequently, the Constitutional Court was requested to apply the opinion of the IACHR to register itsmarriage and power above all, access this institution, based on the fact that the Inter -American Court of Human Rights (IACHR) that issued an advisory opinion, recognizing that the LGBTI community has the same rights

What has said the maximum constitutional body is that the Magna Cart. The Ecuadorian Constitution, meanwhile, recognizes the different types of families, but also literally mentions that a marriage is formed by a man and a woman.

Therefore, the Court considered that it was with the clash of constitutional principles, so they considered it convenient to resort to weighting as a method to determine which of these positions would have a greater weight or value (that of non -discrimination or that of the conceptof marriage). Confirming vulnerable groups that have been discriminated against in their constant struggle for equality, legal protection and free election, they are recognized within the framework of a constitutional country of rights and justice such as ours.

For their part, those who were not in favor of one of the sentences issued by the Court, such as Dr. Hernán Salgado who textually expressed that:

“Weighting involves a conflict between two constitutional principles and in this case a contradiction between precepts of that legal nature does not follow. The second subsection of article 67 is a clear rule (…) so it is not susceptible to a weighting exercise ”.

It was therefore argued that a basic point that justifies the dissent with the vote of the majority, is due to the use and abuse of constitutional interpretation, considering that it is except for the opposition of the supreme law to the “equal marriage”, arguing thatproducing an arbitrary mutation that throws down the supremacy of the law.

In summary, he considers that the constitutional text is clear and coherent, therefore, the literal interpretation in the art. 67 Second subsection, of the Constitution. In the present case, article 67, second paragraph, of the Constitution and clear and concise: “marriage is the union between man and wife."

Taking this into account, it is essential. Understanding with this that the object of advisory opinion is not to order the specific measures, if not, as a guide to make their decisions, since the states are responsible for determining the way in which their obligations will be fulfilledin human rights.

However, the decision determines through its interpretation that there are enough reasons to allow same -sex people to access Ecuador’s marriage according to the American Convention on Human Rights. So the Court ordered the Court to request the consultation to interpret the regulatory system in the light of this sentence and order the Civil Registry to register the marriage of the shareholders.

However, in Ecuador, there is a previously established legal system that provides legal protection to all citizens. Constitutional guarantees and precautionary actions in this case will never be able to comply with the constitutionality of the norms, because this is constitutional control.

Also, in the judgment of the case no. 11-18-CN, the Constitutional Court declared article 81 of the Ecuadorian Civil Code and article 52 of the Identity and Civil Data Law unconstitutional. Article. In addition, he ordered the National Assembly to reconfigure the marriage system to give equal treatment to people of the same sex, however, this practice could generate doubts that hinders in their application because it is not known if same -sex people must waitthat the legislative power configures this rule or through this judgment already recognizes it and can do so freely.

Therefore, the principles of equality and non -discrimination of the Constitution must be recognized and a consensus with them must be formed. Article 81 of the Civil Code and article 52, article 52 of the Organic Law on Identity Management and Civil Data, because only traditional marriages enjoy privileged marriages for heterosexualof rights for traditional influences. The exclusion and discrimination atmosphere is considered unfair.

In such a way that Ecuador has become the fifth country in South America, where two people of the same sex can obtain the rights and obligations of a civil marriage in this country.

Deciding that, article 67 of the Constitution of the Republic does not represent any contradiction exclusively because that article does not contain any express prohibition and of the multiple interpretations that could be given to it, the one that benefits the most of the rights of rights must be chosenhumans, executing as a conclusion that both marriage between heterosexual and homosexual couples, recognized through different instruments but of the same normative hierarchy, do not oppose, but are complementary.

However, it should be considered that it is the exclusive duty of legislators to modify the basic norms classified as violations of the Constitution. According to article 444 of the ‘Constitution’, it indicates the rigidity of the norms and determines that fundamental rights must have an axiological structure that involves the law and justice described in article 1 of the ‘Constitution’.

Due to the constitutional procedure, the approval of the equal marriage of citizens has caused great controversy. On the one hand, consultation with public opinion or constitutional amendment is not the most suitable way, because human rights are not consulted or elected at the polls, but recognized by conditions of human dignity;On the other hand, the constitutional amendment is to extend the procedure and deliver human rights.

As a human right decided by the media of the National Assembly, the most feasible mechanism is to adopt conventional control, because it can apply directly and immediately international instruments such as the Human Rights Convention and the evolutionary interpretation determined by OC 24/17, and itspurpose is to follow the cre.

Court’s analysis is adequate to its extent, since it is respectful of International Human Rights Law and, at the same time, respects the text of the Ecuadorian Constitution. The fear of many people was that the Court reforms the Constitution, which at any time does not even leave article 67 without effect. The Court took seriously its role to protect people’s human rights. Constitutional, treaties, the right in general are not ends in themselves, are means to protect the fundamental rights of people.

conclusion

People with different sexual orientations (in this case homosexual) throughout history have been oppressed and their fundamental rights have often been violated, so that for a long time they were dominated by the normalization of heterosexuality, first as aspecies of concealment, then turning them into criminals and finally restricting their rights, as in these cases, civil marriage.

The second instance judgment clearly injured the human rights of persons with different sexual orientations, because, as analyzed by the Constitutional Court ruling, he demonstrated that Ecuador was a signatory to the Human Rights Convention and approved an international treaty without vices. Holding sovereign before him.

According to the provisions of the American Convention on Human Rights, the Ecuadorian country is a signatory to the organization of American States and must ensure that norms of the legal system or any other form of human rights are not violated, so it is necessaryReform article 67, paragraph 2, because it demonstrates the violation, clearly, the principles of equality and non -discrimination, and therefore restricts the right to the dignified life of the Constitution itself, which everyone enjoys or deserves.

Due to the constitutional procedure, the approval of the equal marriage of citizens has caused great controversy. On the one hand, consultation with public opinion or constitutional amendment is not the most suitable way, because human rights are not consulted or elected at the polls, but recognized by conditions of human dignity;On the other hand, the constitutional amendment is to extend the procedure and deliver human rights.

As a human right decided by the media of the National Assembly, the most feasible mechanism is to adopt conventional control, because it can apply directly and immediately international instruments such as the Human Rights Convention and the evolutionary interpretation determined by OC 24/17, and itspurpose is to follow the cre. Promotion of the enjoyment of human rights as determined in article 424 and article 3 of the LOGJC.