Inconstitucionalidad silenciada. La vulneración del derecho a la identidad y la exclusión de los adultos mayores sin cedula en la ciudad de Guayaquil.

Abstract

Background: All Ecuadorian citizens have rights recognized in the Constitution, among which the right to identity stands out a right we possess from the moment we are born, to have biological data, a nationality, to be subjects of rights, and to have identification, a first name, and a last name. However, based on my experience as a lawyer, I must point out that not everyone enjoys this right. In my city, Guayaquil, there are people who are invisible because they are not recorded in the national registry system; due to various factors, they were never registered and do not possess an ID card to identify them. Unfortunately, they have lived this way for decades without government assistance and are marginalized in society. The objective of this study is to demonstrate that the State’s failure to recognize identity cannot be normalized, and that it is urgent to implement legal and constitutional mechanisms to restore citizenship, dignity, and social inclusion for the affected individuals. The methodology applied follows a qualitative approach—analytical, descriptive, and critical—based on a review of legislation, legal doctrine, and case law, as well as on reflections drawn from professional practice. This is a structural social problem, insofar as it results in total exclusion, Discrepancy and the violation of fundamental rights recognized in our Constitution for older adults. Based on the interviews and reports reviewed, along with official notices of denial from the civil registry, there are many people who still do not have an identity document; all of this demonstrates that there is a structural failure on the part of our government, as it does not guarantee its citizens the right to an identity. The Ecuadorian State cannot claim to be the guarantor of rights or justice while there remain invisible people who lack a birth certificate or registration. In this sense, the restoration of identity is not an option but an obligation of the Ecuadorian State, which must guarantee the genuine inclusion of those who have been historically excluded for decades, as is the case with older adults.