La aplicación de los criterios de las opiniones consultivas de la CIDH dentro del bloque de constitucionalidad en el Ecuador.

Abstract

The purpose of this case study is to establish the legal relevance and binding nature of the advisory opinions developed by the Inter-American Court of Human Rights and to recognize whether they are binding for the Ecuadorian State and what role or role they play as part of the bloc. of constitutionality within the Ecuadorian legal system. Therefore, the problem of this investigation consists of clarifying whether the advisory opinions of the IACHR oblige the Ecuadorian State to apply its criteria for the resolution of certain controversial aspects regarding the effective protection of human rights and fundamental rights. Thus, the general objective presented in this study is aimed at demonstrating to what extent the advisory opinions of the IACHR must be complied with within the Ecuadorian legal system and specify what role they fulfill to constitute the constitutionality block. Regarding the research methods, the qualitative modality was applied by the purely theoretical framework of the research, which is certified through the study of an advisory opinion of the IACHR and the importance it has had for the country's legal system. In summary, the results of the investigation conclude that the advisory opinions of the IACHR are necessary to strengthen the protection of human rights in Ecuador.