bachelorThesis
Análisis de Ley Orgánica de apoyo humanitario para combatir la crisis sanitaria derivada del COVID-19 progresión o regresión de derechos
Fecha
2021-10-04Autor
Sarmiento Altamirano, Pedro Felipe
Institución
Resumen
The objective of the investigation was to determine how article 20 of the
Humanitarian Support Law (2020) violates the legitimate rights of workers in Ecuador,
annulling the constitutional principle of progressivity in labor matters, for this, a thorough
review of the provisions was carried out. constitutional laws embodied in the Magna Carta
of Ecuador; but also, the international standards of Human Rights and the International
Labor Organization were reviewed to contrast the provisions and understand the scenario
on which it was legislated. The research design will be of a quali-quantitative nature; it
will be based on the grounded theory. The analysis will be argued through an empirical
narrative exposition, with an explanatory text, whose purpose is imminently descriptive,
informative and academic. For the theoretical foundation, the exegetical method will be
used, for the interpretation and study of legal texts to understand what was the spirit of
the law proposed by the legislator. It could be demonstrated that in the creation of the
Humanitarian Law it did not consider the constitutional precepts or the supranational
norms, which violates the mechanisms for creating a law and workers' rights. Finally, an
analysis of the term progressivity and what non-regressivity represents was carried out,
considering the doctrinal and legal implications that this means, since it was evidenced
that in the Constitution and international treaties there is an exhaustive prohibition of
undermining labor rights