Inconstitucionalidad del Art. 11 y 12 del Código Orgánico de Discapacidades sobre la inclusión de condición de discapacidad en la cédula de ciudadanía.

Abstract

Ecuadorian citizens and foreigners enjoy all the rights established in the Constitution of the Republic of Ecuador. The State is the entity that must guarantee the protection of fundamental rights. These rights include material and formal equality, non-discrimination, privacy, protection of personal data and informational selfdetermination. In the case of persons with disabilities, attention and protection is a priority due to their double vulnerability. For this reason, they have been granted benefits and privileges to reduce any existing inequality. However, the ecuadorian legal system establishes that the condition of disability must be obligatory included in the citizenship card. This generates a violation of constitutional rights. The Constitution, being the Supreme Norm, must be fully respected, so any law, provision or text contrary to it lacks validity and legal effectiveness because it lacks material coherence. This research paper analyzes the unconstitutionality of the requirement that the citizenship card be the qualifying document to prove disability.