Inscripción de acta de nacimiento por vía judicial, una forma de vulneración al derecho constitucional de la identidad.

Abstract

The right to identity is enshrined and recognized both in international instruments and within the Ecuadorian constitutional and organic regulations, since it empowers the individual to be able to enjoy and exercise the rights that are established in these same legal bodies, however, it is indicated that the identity is currently obtained once the person is born, where he/she is granted both his/her nationality and citizenship, however, within the Organic Law of Civil Data, which is in charge of the management of the information concerning the identity of all Ecuadorians, establishes in its article 31 that those persons over 18 years of age who have not registered their birth certificates will have to do it through the judicial process, without establishing the reasons or hypothetical circumstances that the rules should consider to indicate a procedure to follow. Therefore, the problem is evidenced in the assignment of another means of recognition, such as the judicial one, for a person who for different circumstances has not registered his birth certificate, which implies that this state organism is violating the right to identity of a person due to the specific absence of a norm. In the development of the study the jurisprudential criteria on the subject have been evidenced, showing that a specific normative strengthening is required on these events to channel these cases, in order to avoid possible violations to the rights of Ecuadorian citizens.