Derecho a la identidad : inscripción tardía, incidencia en el derecho a la tutela judicial efectiva.

Abstract

Older adults are one of the vulnerable groups that the Ecuadorian State has recognized as a priority for attention in Article 35 of the Constitution of the Republic. This means that both in the public and private sectors, special protection must be provided to prevent an increase in their vulnerability. The main objective of the research was to determine whether the provisions of the Organic Law on Identity and Civil Data Management of Ecuador offer an effective, impartial, and expedited procedure for this demographic group. To achieve this, a comprehensive methodology was employed, including in-depth interviews with human rights and legal experts, a detailed analysis of Ecuadorian legislation, and comparisons with regulations from other countries in the region. The results revealed several obstacles faced by elderly adults in exercising their right to identity and accessing justice, such as a lack of knowledge about procedures, a scarcity of legal and economic resources, and the complexity of judicial processes. In response, several recommendations were proposed to simplify and expedite the late birth registration process for elderly adults, including the creation of a specialized administrative procedure, priority attention for this group, free legal advice, and the implementation of mobile brigades in rural areas.