Inconvencionalidad de leyes ecuatorianas ante los tratados internacionales sobre derechos de discapacidad.

Abstract

This work argues the incompatibility between Ecuadorian legislation and the Convention on the Rights of Persons with Disabilities, based on the Concluding Observations that the Committee has addressed to Ecuador concerning the compliance reports submitted. These observations indicate that our legal system maintains a traditional restrictive approach that is not compatible with the rights recognized by the Convention. As the Committee has urged our country to harmonize its laws and given that our Constitution grants precedence to international treaties that further enhance rights, this work substantiates Ecuador's obligation to advance the rights of persons with disabilities, considering their vulnerable status and the consent expressed in the ratification. It highlights the responsibility imposed by the Inter-American Court of Human Rights on national judges to carry out diffuse conventionality control in light of the Convention and the interpretations issued by the Inter-American Court. The work addresses the challenges Ecuador faces in ensuring the rights of persons with disabilities according to the social model of disability and analyzes the impact of its implementation on the legal system. Finally, this academic work explores the implications of implementing reforms, taking into account that Ecuador has also ratified the Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities and the incompatibilities found in national regulations, proposing recommendations aimed at enhancing harmonization.