2008 Constitution of Ecuador

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The Constitution of Ecuador is the supreme law of Ecuador. The current constitution has been in place since 2008. It is the country's 20th constitution.

Contents

History

Ecuador has had new constitutions promulgated in 1830, 1835, 1843, 1845, 1851, 1852, 1861, 1869, 1878, 1884, 1897, 1906, 1929, 1938, 1945, 1946, 1967, 1978, and 1998. [1] [2] Following his election as President of Ecuador, Rafael Correa called for a referendum on establishing a Constituent Assembly to write a new constitution for the country, which was held on April 15, 2007, and passed with 81.7% approval. [3] [4] The elections for the Ecuadorian Constituent Assembly were held on September 30, 2007. With 74 seats, Rafael Correa's political party, PAIS Alliance, won the majority of the 130 available seats. The assembly first convened on November 29, 2007, in Montecristi, and was given six months to write a new constitution, with a possible two-month extension. On July 24, 2008, the assembly approved a draft constitution consisting of 494 articles.

When Ecuador began the process of writing a new constitution, they received help from the Community Environmental Legal Defense Fund to draft environmental laws giving nature and ecosystems rights. [5]

The Constitution was approved by the electorate in the constitutional referendum in September 2008 by 63.93% to 28.10%.

Analysis

Environmental rights

The Constitution is the first in the world to recognize legally enforceable Rights of Nature, or ecosystem rights. [6] Article 71-74 prohibits the extraction of non-renewable resources in protected areas. Moreover, the production of monocultures will be avoided for reforestation and rehabilitation of the soil. The state will also protect the intellectual property of collective work based on national biodiversity and begin to recognize the Rights of Nature. [7]

International investment

The Constitution prohibits Ecuador from yielding jurisdiction over private trade or contract disputes to external organizations. As a result, Ecuador was forced to withdraw from the International Centre for Settlement of Investment Disputes (ICSID). [8]

Food sovereignty

The constitution is one of the first in the world to recognise the right to food. [9]

Article 281, labelled Food Sovereignty, reads: "Food Sovereignty constitutes an objective and strategic obligation from the State to guarantee its people, communities, pueblos and nationalities self sufficiency in healthy food, culturally appropriate in a permanent form." This entails the following state responsibilities: [7]

  1. Incite production, transformation of the agro-food and fishery of small to medium size units of production, communities and social and solidarity economies.
  2. Adopt fiscal politics, tributaries and tariffs to protect the agro-food sector and national fishery to avoid dependency on food imports.
  3. Strengthen diversification and the introduction of ecological and organic technologies in the production of agriculture.
  4. Promote redistributive politics to permit access of farmers to soil, water and other productive resources.
  5. Establish preferential financial mechanisms for small and medium producers, facilitating the acquisition of the means of production.
  6. Promote the preservation and rehabilitation of agro biodiversity linked to ancestral knowledge; likewise its use, conservation and free seed exchange.
  7. Ensure that animals destined for human consumption are healthy and raised in sound environments.
  8. Assure the development of scientific investigation and innovative technologies are appropriate to guarantee food sovereignty.
  9. Regulate under bio-security standards the use and development of biotechnology, including experimentation and commercial use.
  10. Strengthen the development of organizations and networks of producers and consumers and the commercialization and distribution of food to promote equity within rural and urban spaces.
  11. Generate just and solidarity systems of distribution and commercialization of food. Impede monopolistic practices and any type of speculation with food products.
  12. Supply food to the victims of anthropogenic or natural disasters in risk of accessing food. International food donations should not affect health or future production of local food.
  13. Prevent and protect the population from consuming contaminated food or places their health in risk or if science has uncertainties of its effects.
  14. Acquire food and primary materials for social and food programs, prioritizing in associative networks of small producers.

Article 15 protects agricultural, wild and genetic biodiversity by prohibiting genetically modified seeds and crops. The President and the National assembly can introduce exceptions, but genetic modification are not allowed if its intervenes with food sovereignty. [7]

Drug liberalization

According to Article 364 of the 2008 Constitution of Ecuador, the Ecuadorian state does not see drug consumption as a crime but only as a health concern. [10] Since June 2013 the State drugs regulatory office, CONSEP, has published a table that establishes maximum quantities carried by persons so as to be considered in legal possession and that person as not a seller of drugs. [10] [11]

Recognition of same-sex relationships

Within the Ecuadorian Constitution adopted in 2008, Article 67 [12] limits marriage to the union of a man and a woman. [13] ("El matrimonio es la unión entre hombre y mujer...") [14] Same-sex couples became eligible for de facto civil unions based on Article 68, [15] [16] which specifies that unmarried couples in stable and monogamous unions enjoy the same rights and obligations of married couples. In 2015, the civil code was updated to allow for civil unions to be contracted without a requirement for prior cohabitation. [17]

An unofficial English language translation of Article 68:

The stable and monogamous union between two persons without any other marriage ties who have a common-law home, for the lapse of time and under the conditions and circumstances provided for by law, shall enjoy the same rights and obligations of those families bound by formal marriage ties. [13] [Note 1]

Article 68 also limits adoption rights to opposite-sex couples.

In 2019, Ecuador's Constitutional Court legalized same-sex marriage. [18]

Recognition of sexual orientation and gender identity

Article 11, paragraph two of the Constitution of the Republic of Ecuador reaffirmed as a fundamental right to sexual orientation and included for the first time and even globally gender identity. Until 2008, no constitution in the world recognized gender identity. [19]

See also

Notes

  1. ↑ In Spanish, the official version of Article 68 reads as follows:
    La unión estable y monogámica entre dos personas libres de vínculo matrimonial que formen un hogar de hecho, por el lapso y bajo las condiciones y circunstancias que señale la ley, generará los mismos derechos y obligaciones que tienen las familias constituidas mediante matrimonio. Article 68, Constitución de la República del Ecuador

Related Research Articles

<span class="mw-page-title-main">LGBT rights in Ecuador</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Ecuador have evolved significantly in the past decades. Both male and female same-sex sexual activity are legal in Ecuador and same-sex couples can enter into civil unions and same-sex marriages.

<span class="mw-page-title-main">LGBT rights in Venezuela</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Venezuela face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Venezuela, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Also, same-sex marriage and de facto unions are constitutionally banned since 1999.

Same-sex marriage has been legal in Chile since 10 March 2022. In June 2021, the President of Chile, Sebastián Piñera, announced that his government would sponsor a bill to legalize same-sex marriage. The Senate of Chile passed the legislation on 21 July 2021, and the Chamber of Deputies gave its approval on 23 November 2021. Disagreements on some aspects of the bill led to the formation of a mixed commission to discuss it. Both chambers of the National Congress approved an identical version of the bill on 7 December 2021. President Piñera signed the legislation into law on 9 December, and it was published in the Diario Oficial de la República de Chile on 10 December. The law took effect 90 days later, with the first same-sex marriages taking place on 10 March 2022.

<span class="mw-page-title-main">Same-sex marriage in Mexico</span> Overview of the status of same-sex marriage in Mexico

Same-sex marriage is legally recognized and performed throughout Mexico since 31 December 2022. On 10 August 2010 the Supreme Court of Justice of the Nation ruled that same-sex marriages performed anywhere within Mexico must be recognized by the 31 states without exception, and fundamental spousal rights except for adoption have also applied to same-sex couples across the country.

Same-sex marriage has been legal in Costa Rica since May 26, 2020 as a result of a ruling by the Supreme Court of Justice. Costa Rica was the first country in Central America to recognize and perform same-sex marriages.

Same-sex marriage has been legal in Colombia since 28 April 2016 in accordance with a 6–3 ruling from the Constitutional Court of Colombia that banning same-sex marriage is unconstitutional under the Constitution of Colombia. The decision took effect immediately, and made Colombia the fourth country in South America to legalize same-sex marriage, after Argentina, Brazil and Uruguay. The first same-sex marriage was performed in Cali on 24 May 2016. Colombia has also recognised same-sex de facto unions, providing some of the rights and benefits of marriage, since 2007.

Same-sex marriage has been legal in Ecuador since 8 July 2019 in accordance with a Constitutional Court ruling issued on 12 June 2019 that the ban on same-sex marriage was unconstitutional under the Constitution of Ecuador. The ruling took effect upon publication in the government gazette on 8 July. Ecuador became the fifth country in South America to allow same-sex couples to marry, after Argentina, Brazil, Uruguay and Colombia, but adoption by married couples remains restricted to opposite-sex couples. The country has also recognized same-sex civil unions since 2008.

<span class="mw-page-title-main">LGBT rights in Bolivia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Bolivia have expanded significantly in the 21st century. Both male and female same-sex sexual activity and same-sex civil unions are legal in Bolivia. The Bolivian Constitution bans discrimination on the basis of sexual orientation and gender identity. In 2016, Bolivia passed a comprehensive gender identity law, seen as one of the most progressive laws relating to transgender people in the world.

Venezuela does not recognize same-sex unions. In 2008, the Supreme Tribunal of Justice ruled that the Constitution of Venezuela neither prohibits nor requires the recognition of same-sex marriage. In January 2015, a lawsuit seeking to legalise same-sex marriage in Venezuela was filed with the Supreme Tribunal, which announced in April 2016 that it would hear the case, though no decision has been made as of August 2023. On 24 February 2022, a deputy of the opposition Cambiemos Movimiento Ciudadano party introduced a same-sex marriage bill to the National Assembly.

Bolivia has recognised same-sex civil unions since 20 March 2023 in accordance with a ruling from the Plurinational Constitutional Court. The court ruled on 22 June 2022 that the Civil Registry Service (SERECI) was obliged to recognise civil unions for same-sex couples and urged the Legislative Assembly to pass legislation recognising same-sex unions. The court ruling went into effect upon publication on 20 March 2023. The ruling made Bolivia the seventh country in South America to recognise same-sex unions.

<span class="mw-page-title-main">Same-sex union legislation</span> Laws about the recognition of same-sex couples

Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, Nepal, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay.

El Salvador does not recognize same-sex marriage, civil unions or any other legal union for same-sex couples. A proposal to constitutionally ban same-sex marriage and adoption by same-sex couples was rejected twice in 2006, and once again in April 2009 after the Farabundo Martí National Liberation Front (FMLN) refused to grant the measure the four votes it needed to be ratified.

Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, Nepal, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage is recognized, but not performed in Israel. Furthermore, same-sex marriages performed in the Netherlands are recognized in Aruba, Curaçao and Sint Maarten.

Same-sex marriage has been legal in Jalisco since a unanimous ruling by the Mexican Supreme Court on 26 January 2016 striking down the state's same-sex marriage ban as unconstitutional under Articles 1 and 4 of the Constitution of Mexico. The ruling was published in the Official Journal of the Federation on 21 April; however, some municipalities refused to marry same-sex couples until being ordered by Congress to do so on 12 May 2016. The state Congress passed a bill codifiying same-sex marriage into law on 6 April 2022.

Same-sex marriage has been legal in Colima since 12 June 2016. On 25 May 2016, a bill to legalise same-sex marriage passed the Congress of Colima and was published as law in the state's official journal on 11 June. It came into effect the next day. Colima had previously recognized same-sex civil unions, but this "separate but equal" treatment of granting civil unions to same-sex couples and marriage to opposite-sex couples was declared discriminatory by the Supreme Court of Justice of the Nation in June 2015. Congress had passed a civil union bill in 2013 but repealed it in 2016 shortly before the legalization of same-sex marriage.

Same-sex marriage has been legal in Morelos since 5 July 2016. A bill to amend the State Constitution to legalize same-sex marriage in Morelos passed Congress on 18 May 2016 by 20 votes to 6. Ratification by a majority of the state's 33 municipalities was confirmed on 27 June 2016. The law was published in the official state gazette on 4 July 2016 and took effect the following day.

Same-sex unions are currently not recognized in Honduras. Since 2005, the Constitution of Honduras has explicitly banned same-sex marriage. In January 2022, the Supreme Court dismissed a challenge to this ban, but a request for the Inter-American Commission on Human Rights to review whether the ban violates the American Convention on Human Rights is pending. A same-sex marriage bill was introduced to Congress in May 2022.

Same-sex marriage is legal in Aguascalientes in accordance with a ruling from the Supreme Court of Justice of the Nation on 2 April 2019 that the state's ban on same-sex marriage violated Articles 1 and 4 of the Constitution of Mexico. The ruling came into effect upon publication in the Official Gazette of the Federation on 16 August 2019, legalizing same-sex marriage in Aguascalientes.

Same-sex marriage has been legal in Veracruz since 13 June 2022. On 30 May 2022, the Mexican Supreme Court ruled that the state's same-sex marriage ban violated Articles 1 and 4 of the Constitution of Mexico. The Congress of Veracruz passed a bill to legalize same-sex marriage three days later on 2 June 2022. It was published in the official state journal on 13 June and went into effect the same day.

Same-sex marriage has been legal in Yucatán since 4 March 2022. On 25 August 2021, the Congress of Yucatán removed a constitutional ban on same-sex marriages. The new law entered into force on 7 September 2021. Congress had 180 days to change statutory law to accommodate same-sex marriage, and did so unanimously on 1 March. The law took effect three days later, and made Yucatán the 25th Mexican state to legalize same-sex marriage.

References

  1. ↑ Linz, Juan José (1994). The Failure of Presidential Democracy: The Case of Latin America. ISBN   9780801847844.
  2. ↑ Chiriboga, Manuel (2004). "Desigualdad, exclusión étnica y participación política: el caso de Conaie y Pachacutik en Ecuador" (PDF). Alteridades. 14 (28): 51–64.
  3. ↑ "TSE comunicó resultados de consulta popular" (in Spanish). El Universo. Agence France-Presse. 20 April 2007. Archived from the original on 4 November 2012. Retrieved 18 May 2023.
  4. ↑ "TSE ratificó resultados de la consulta popular" (in Spanish). El Universo. 23 April 2007. Archived from the original on 4 November 2012. Retrieved 18 May 2023.
  5. ↑ Archived 2009-11-10 at the Wayback Machine Archived 2009-02-12 at the Wayback Machine Archived 2012-02-07 at the Wayback Machine Archived 2008-05-11 at the Wayback Machine
  6. ↑ "Ecuador Adopts Constitution With CELDF Rights of Nature Language". Archived from the original on 2008-10-03. Retrieved 2008-09-30.
  7. 1 2 3 Pena, Karla (2008) "Putting Food First in the Constitution of Ecuador", Food First Institute for Food & Development Policy, https://www.foodfirst.org/en/node/2301 Archived 2012-04-29 at the Wayback Machine , (updated 31 October 2008, accessed 21 May 2008).
  8. ↑ Tawil, Guido Santiago (2011). On the Internationalization of Administrative Contracts, Arbitration and the Calvo Doctrine. Arbitration Advocay in Changing Times. Vol. 15. Kluwer Law International. pp. 345–346. ISBN   9789041133663.
  9. ↑ Olivier de Schutter (2010) "Countries tackling hunger with a right to food approach. Significant progress in implementing the right to food at national scale in Africa, Latin America and South Asia" United Nations Special Rapporteur on the Right to Food, Briefing Note 01, 14 May 2010. <www.srfood.org/images/stories/pdf/otherdocuments/20100514_briefing-note-01_en.pdf> Downloaded 3 May 2012
  10. 1 2 ""La nueva tabla para consumo de drogas es una guía para jueces" in El Telegrafo". El Telégrafo (Ecuador) . Archived from the original on 2013-06-22. Retrieved 2013-06-24.
  11. ↑ "Dosis máximas de droga para consumo ya están vigentes" at El Comercio.com. Accessed 2013-06-24. Archived 2013-07-05.
  12. ↑ "Voters in Ecuador Approve Constitution", Washington Post, reported by Joshua Partlow and Stephan Küffner, 29 September 2008
  13. 1 2 Constitution of the Republic of Ecuador, Political Database of the Americas, 31 January 2011
  14. ↑ Asamblea Constituyente (2008). "Constitución del Ecuador" (PDF). Retrieved 13 June 2019.
  15. ↑ (in Spanish) "Apoyo al matrimonio entre personas del mismo sexo en América Latina", Perspectivas desde el Barómetro de las Américas, authored by Germán Lodola and Margarita Corral, 2010 (No. 44), retrieved 23 January 2013. Archived 2013-07-05.
  16. ↑ ""Ecuador Approves New Constitution Including Same-Sex Civil Unions", Towleroad, posted by Andy Towle, 30 September 2008, retrieved 23 January 2013". 30 September 2008. Archived from the original on 3 December 2013. Retrieved 2013-06-24.
  17. ↑ López, Andrés (2015-05-01). "Ecuador aprueba la unión civil para parejas del mismo sexo". CNN (in European Spanish). Retrieved 2019-06-13.
  18. ↑ AFP (2019-06-13). "Ecuador's highest court votes to legalise same-sex marriage". France 24. Retrieved 2019-06-13.
  19. ↑ (in Spanish) "Ecuador un estado constitucional de Derechos", retrieved 23 January 2013
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