Consulta previa : hacia una normativa compatible con estándares de Corte Interamericana de Derechos Humanos.

Abstract

The purpose of this research work prior to obtain the title of Lawyer is to analyze and resolve the regulatory gap that the exercise of the right to prior, free and informed consultation for indigenous communities, peoples and nationalities suffers from in Ecuador. This legal issue has its origins in the current Organic Law of Citizen Participation, a law that attempts to regulate the right to prior consultation, but it does so in a very brief manner and contains defects of material validity, thus, the regulation issued for its application exceeds in its regulatory power, in addition to the fact that it ignores criteria developed by the Inter-American Court of Human Rights, that Ecuador was bound to comply with through the judgment of Sarayaku vs. Ecuador, as well as other approaches provided by the international documents adopted by Ecuador and other binding judgments by the Inter-American Court of Human Rights.