Implicaciones jurídicas por la desclasificación de las PPL del grupo de atención prioritaria.

Abstract

Our country is experiencing very hard times in terms of our security and that of our family due to the wave of insecurity which is the daily bread, that is why our president, analyzing the situation that all Ecuadorians are going through, presented the reform of eliminating persons deprived of liberty as a priority group, perhaps for most it is good news, perhaps, that is why this work focused on analyzing what would be the legal implications arising from the possible constitutional reform that aims to eliminate persons deprived of liberty as a priority group in Ecuador. This change, by modifying their status in the Constitution of the Republic, raises a series of legal and social consequences regarding the protection of the fundamental rights of this group.The paper identifies the immediate effects of the reform, should it come to pass, on the category to which persons deprived of liberty belong and its results on the attention that the State should provide them in fundamental matters: health, education, work and access to rehabilitation and social reinsertion programs. Although its elimination does not mean absolute lack of protection, it does imply a relative elimination of state support and, therefore, a potential reduction in the resources devoted to this group of vulnerable people. For example, this could translate into even more unfavorable living conditions and, on the other hand, less effective rehabilitation programs.The influence that this change may have on Ecuador's adherence to its international human rights commitments is examined, particularly in relation to international treaties that safeguard the rights to liberty of persons deprived of their liberty. The declassification of this group could generate legal conflicts between national legislation and international standards, which could lead to legal action against international organizations that question the treatment of individuals with respect to their rights and freedoms.We can argue that, at the moment of eliminating this priority group, it should not be taken as a reversion to their rights, but nevertheless its effect would have a high negative significance, if strict measures are not taken at the legislative and governmental level. For this reason, this paper has formulated recommendations to reduce the effects of this reform, should it be approved, such as the reorientation of the penitentiary policy focused on human rights, establishing mechanisms of supervision and independent control, prioritizing rehabilitation and social reinsertion by creating specific programs for this purpose, promoting civil participation under the supervision of the penitentiary system, and promoting a complementary legislative reform to regulate the rights of persons deprived of liberty. In conclusion, this paper argues that, despite the legal and social challenges that may arise in this possible reform, it is possible to preserve their rights in Ecuador through complementary reforms that ensure the continuity and effectiveness of rehabilitation and reinsertion programs and access to fundamental human rights. This, in turn, would contribute to a better social integration of persons deprived of liberty and to a more just and equitable society.