Función subsidiaria del Sistema Interamericano de Derechos Humanos y tutela judicial efectiva en Ecuador.

Abstract

This essay aims to analyze how the subsidiary function of the Inter-American Human Rights System impacts effective judicial protection in Ecuador. The focus is on exploring what happens when domestic remedies fail to provide timely responses to vulnerable individuals and groups, with the intention of outlining the process that should be followed in such situations, which are more common than one might think. The Ecuadorian Constitution (2008) recognizes in Article 75 the need for courts to provide effective judicial protection. For its part, the Organic Law of Jurisdictional Guarantees and Constitutional Control (2009) has incorporated into its text a series of principles such as: conditional formality (Article 4) and the regulation of actions for non-compliance (Articles 52 to 57). In addition, the Organic Code of the Judiciary (2009), in Article 23, mandates overcoming barriers to access to justice. This law guarantees individuals effective judicial protection and access to justice without any discrimination or exclusion. Methodologically, an analysis of studies regarding the subsidiary function in Ecuador was conducted. Cases such as Guachalá Chimbo v. Ecuador, Tagaeri and Taromenane v. Ecuador, and Hidalgo et al. v. Ecuador demonstrate shortcomings in the effectiveness of the country's internal resources. Furthermore, the analysis shows that Ecuadorian institutions require greater training and awareness in areas such as human rights and victimology.