La categoría protegida del adulto mayor y el rol de la corte constitucional en la garantía del acceso a la justicia frente a transgresiones judiciales
The research work aims to analyze the jurisprudence of the Constitutional Court of Ecuador regarding the protected category of older adults and the violations of their rights attributed in previous instances. In this context, the question is as follows: How has the jurisprudence of the Constitutiona...
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| Format: | bachelorThesis |
| Language: | spa |
| Published: |
2023
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| Subjects: | |
| Online Access: | http://repositorio.uotavalo.edu.ec/handle/52000/960 |
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| Summary: | The research work aims to analyze the jurisprudence of the Constitutional Court of Ecuador regarding the protected category of older adults and the violations of their rights attributed in previous instances. In this context, the question is as follows: How has the jurisprudence of the Constitutional Court of Ecuador developed the condition of older adults as a protected category in relation to judicial transgressions against their rights? In the first chapter, the principle of equality is defined, and the legal and historical context related to it is explored. A rigorous and critical examination of the applicable legal norms and principles related to intersectionality is also carried out as a tool for the benefit of priority attention groups to which older adults belong. The protected categories and categories suspicious of discrimination are defined. In the second chapter, older adults, the regime for the protection of their rights, and the benefits provided to them by Ecuadorian regulations are covered. The role of intersectionality in addressing the legal issues that older adults may face is also emphasized. Finally, in the third chapter, based on a jurisprudential framework, the criteria on which the Constitutional Court seeks to ensure the fulfillment of these rights are established. The need for an intersectional approach in the protection of the rights of older adults is analyzed, considering the principle of non-discrimination based on their gender, ethnicity, sexual orientation, among others. Proposals for a better implementation of the rights of older adults are presented. |
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