Valoración de la aplicación de Instrumentos Internacionales contra la tortura en el contexto de protección de los derechos humanos de los privados de libertad. Análisis del Caso No. 365-18-JH y Acumulados

This Curricular Integration Work entitled "ASSESSMENT OF THE APPLICATION OF INTERNATIONAL INSTRUMENTS AGAINST TORTURE IN THE CONTEXT OF THE PROTECTION OF THE HUMAN RIGHTS OF PERSONS DEPRIVED OF LIBERTY. ANALYSIS OF CASE NO. 365-18-JH AND ACCUMULATED", arises from the need to know the level...

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Opis bibliograficzny
1. autor: Criollo González, Jhomara Elizabeth (author)
Format: bachelorThesis
Język:spa
Wydane: 2022
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Dostęp online:https://dspace.unl.edu.ec/jspui/handle/123456789/24907
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Streszczenie:This Curricular Integration Work entitled "ASSESSMENT OF THE APPLICATION OF INTERNATIONAL INSTRUMENTS AGAINST TORTURE IN THE CONTEXT OF THE PROTECTION OF THE HUMAN RIGHTS OF PERSONS DEPRIVED OF LIBERTY. ANALYSIS OF CASE NO. 365-18-JH AND ACCUMULATED", arises from the need to know the level of application of international instruments against torture in Ecuador. Its development begins by showing the origins of torture, including its abolition and resurgence, as well as the national and international regulations that protect people from being victims of torture and other cruel, inhuman or degrading treatment or punishment, which generates Ecuador to adopt the necessary measures to comply with this right. In Ecuadorian legislation, persons deprived of liberty are considered a group of priority attention and therefore require special attention within the Social Rehabilitation Centers, in addition to this, the Ecuadorian State has under its custody persons deprived of liberty, which generates the obligation to protect and ensure compliance with their rights, among which is the right to personal integrity. However, in Case No. 365-18-JH and Accumulated of the Constitutional Court, 4 habeas corpus actions are reviewed, which have been filed due to the violation of the right to personal integrity for reasons of torture and other cruel, inhuman or degrading treatment or punishment, which reflects that this is a practice that evidently occurs within the Social Rehabilitation Centers of the country and that the State does not protect persons deprived of liberty. Based on this, three fundamental aspects are sought to be deduced: whether Ecuador complies with the rest established within the international norms regarding torture, whether it effectively protects the rights of persons deprived of liberty and finally whether the reparations it adopts in the aforementioned cases manage to compensate the damages caused by the affectations. Based on this, due recommendations will be issued to the State so that it takes the necessary measures to guarantee the right not to be tortured and not only is it regulated by law.