El principio de ciudadanía universal en conflicto con el derecho a una cultura de paz y seguridad integral.

Abstract

The present work will analyze the antinomy between the principle of universal citizenship (art. 416.6, CRE) and the state duty to ensure a culture of peace and integral security (art. 3.8, CRE) considering the context of insecurity in Ecuador in 2025. The basic problem that generates this practical contradiction is that the unrestricted application of universal citizenship, without effective controls, facilitates vulnerabilities that can be exploited by transnational criminal organizations. The first glimpses of the ideals of the principle of universal citizenship will be reviewed during the prologue. In addition, the negative consequences of granting rights in an unreasonable and illogical manner are detailed next to each of them. Subsequently, focusing on Ecuador, cases and contextual evidence are compiled on types of crimes committed by transnational gangs (the names of some of them and their operations are mentioned). It should be noted that not all illegal aliens commit criminal offences, but the lack of effective distinctions and strict measures makes abuse by criminals possible. Specific reforms are proposed to repeal the principle of universal citizenship and amend related legislation, in particular Articles 416.6, 11.2 and 9 of the CRE and, in addition, the arts. 2 and 43 of the LOMH, in order to have as a result regulations that are adapted to the reality of the country, respect all the rights of Ecuadorian citizens and do not discriminate against any person. Finally, it is concluded that there is a practical incompatibility between the two principles.