Protección laboral para madres cabeza de familia: un estudio comparativo sobre la estabilidad laboral reforzada en Ecuador y Colombia.

Abstract

This study aims to address the concept of reinforced labor stability for female heads of household as an emerging legal necessity within the Ecuadorian legal system. Its field of analysis lies at the intersection between constitutional and labor law, examining the relationship among the principle of substantive equality, the comprehensive protection of the family, and the State’s obligation to guarantee decent work for vulnerable groups. The objective is to demonstrate how the lack of a specific protection mechanism exemplifies a form of structural discrimination that operates in clear violation of social justice and equity, as established in the 2008 Constitution. The approach is doctrinal, normative, jurisprudential, and comparative. We review constitutional and legislative texts, jurisprudence from Ecuador and Colombia, and international legal instruments on affirmative action. This line of inquiry led to the identification of specific patterns of interpretation, gaps in the law, and avenues for institutional reform. The disparity in this case lies in the fact that, while Colombia possesses a cohesive legal framework that recognizes enhanced labor protections for single mothers as a fundamental right, Ecuador maintains a fragmented protection system that remains discriminatory, thereby perpetuating legal inequalities. The analysis, therefore, underscores the imperative to prioritize the recognition of this legal status in order to integrate international law with domestic law and achieve true substantive equality.