Inexistencia de procedimiento especial para adecuación formal de la Constitución a los tratados de Derechos Humanos.

Abstract

During the process of drafting and adopting a state constitution, it is fundamental to recognize the obligation to respect the international treaties signed by the country. International treaties are legally binding agreements between nations that establish rules and obligations regulating various areas, from human rights to trade and the environment. When creating a constitution, states must consider these treaties as an integral part of their legal framework. This implies incorporating their provisions consistently with the principles and rights enshrined in the constitution. In the case of Ecuador, integration is achieved by placing international human rights instruments within constitutional rank. The incorporation of international instruments in constitutional drafting reflects the state's responsibility to the international community and strengthens its credibility in fulfilling agreements. Furthermore, it provides coherence and legal certainty to citizens by offering a solid and consistent normative framework. This way, the materialization of the principle of universality of human rights is achieved. During a constituent process or in any normative instance, states must integrate and apply the international instruments they have signed. By harmonizing with their legal system, the state fulfills one of its obligations and creates tools to guarantee rights or prevent violations. Countries' positions can be measured by their integration into the international system, where the global North prioritizes the effective implementation of human rights as a requirement for inclusion.