El derecho consuetudinario de los pueblos indígenas del ecuador y los estándares del sistema interamericano de derechos humanos

ABSTRACT: The present research aims to study customary law, specifying its edges, origin, and purposes. In order to contribute through this research work to the academic formation, I would like to mention that customary law as a source of law is an essential axis in the structure of our branch because let us remember that custom will always be the most important source at the time of creating norms, Taking into consideration that it is necessary to separate customary law from ordinary law, because this law is created to protect ancestral knowledge that has been given by knowledge transmitted from generation to generation being inherent to the inhabitants of each of the collectives; therefore each collective must be structured according to their needs. Due to the existence of several cultures, Ecuadorian legislation has declared the full recognition of the customary law referring to each one of them; however, the lack of observance of international treaties of which they are signatories has been the leading cause of discussion in the legal framework. The Ecuadorian state has taken a giant step in recognizing traditional practices and cosmovision as part of the identity of a person; however, in the course of its recognition, it has generated a severe transgression of rights and setback in recognition of constitutional rights, the inapplicability of international standards generates affectation in the pro homine principle; therefore, I will show which is the crucial point in order to stop such violation.

• मुख्य लेखक: Chirao Moyano, María Celeste (author)
• स्वरूप: doctoralThesis
• भाषा: spa
• प्रकाशित: 2023
• विषय: Derecho; Consuetudinario; Saberes ancestrales; Pro homine
• ऑनलाइन पहुंच: http://dspace.unach.edu.ec/handle/51000/11552