The principle of equality and the prohibition of discrimination, against equal marriage, in Ecuador
DOI:
https://doi.org/10.53591/rug.v126i1.894Keywords:
Constitutional law, equality, prohibition of discrimination, equal marriage, discrimination based on genderAbstract
The present work addresses the theme: "The principle of equality and the prohibition of discrimination, against equal marriage, in Ecuador." The work describes the right to equality, as a fundamental right of the human being, as well as the principle of the prohibition of discrimination, both constitutionalized in Ecuador, therefore of obligatory validity, in any administrative, judicial or even private procedure. Despite this, in practice there are obstacles that must be removed, even in the public sphere fostering open discrimination, as is the case of the impossibility of equal marriage, which is marriage between people of the same sex. In the present work the judicial experience that exists in Ecuador on this subject will be studied.
The methodology to be used in the research is deductive, exploratory and descriptive. A qualitative approach will be used, as it is the one of the social sciences and more punctually of the Law.
References
CASAL, Jesús María, Los derechos fundamentales y sus restricciones, LEGIS, Caracas, 2010.
CONSTITUCIÓN DE LA REPÚBLICA DEL ECUADOR.
DECLARACIÓN UNIVERSAL DE DERECHOS HUMANOS.
LONDOÑO AYALA, César Augusto, Bloque de Constitucionalidad, Ediciones nueva jurídica, Bogotá, 2015.
PRIETO SANCHÍS, Luís, Los derechos fundamentales y el principio de igualdad sustancial, V&M Gráficas, Quito, 2010.
SABA, Roberto, Teoría y crítica del Derecho Constitucional, ABELEDO PERROT, Buenos Aires, 2009, Tomo II.
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