Ecuador

Basic information Substance of the ruling  Accessibility of the case and further relevant links
Date Name of the case (or case number)   The body delivering the decision  Keywords, topic Executive part Brief summary Full text Page at the website of the issuing court Page in other databases Unofficial materials, press communications 
4 August 2021 No. 4-21-EE‎ Constitutional Court Freedom of movement, Public gathering, Assembly, Healthcare management Claim partially upheld A decree of the government of Ecuador renewed the state of emergency. This decree restricted the freedom of movement, and ordered that the people would be able to move freely only with vaccination certificate. The Court concluded that the decree was constitutional, but that the exception of allowing only the freedom of movement ‎for persons who were vaccinated was unreasonable.     https://www.covid19litigation.org/case-index/ecuador-constitutional-court-no-4-21-ee-2021-08-04  
21 July 2021 No. 3-21-EE‎ 21 July 2021 Freedom of movement, Vaccination, Healthcare management, Public gathering, Assembly Claim rejected On July 14, 2021 the President of the Republic declared a state of emergency in the Province of El Oro and the City of Guayaquil. The measures limited the freedom of assembly, and the freedom of movement for 15 days. Due to the Covid-19 pandemic the Court found that these measures were constitutional, as they were suitable and necessary to safeguard the rights to life and health.     https://www.covid19litigation.org/case-index/ecuador-constitutional-court-no-3-21-ee-2021-07-21  
28 April 2021 No. 2-21-EE/21 Constitutional Court of Ecuador Health (public) v. access to health services Automatic control of constitutionality The Constitutional Court heard an automatic judicial review of Decree 1291/2021 regarding the state of exception due to public calamity and serious internal commotion, in 16 provinces of Ecuador, due to the accelerated spread of COVID-19 and the impact of priority attention groups as a result of the new variants of COVID-19, issued by the President of the Republic. The Court carried out material and formal judicial review of the Decree. The Court verified compliance with all the legal requirements for the Decree issuance. Additionally, it established that the content is consistent with the context and the reality of public calamity and internal commotion that 16 provinces of Ecuador were going through due to the COVID-19 pandemic. In these terms, the Court declared constitutional the Decree 1291/2021.     https://www.covid19litigation.org/case-index/ecuador-constitutional-court-ecuador-no-2-21-ee21-2021-04-28  
6 April 2021 No. 1-21-EE‎ Constitutional Court Freedom of movement, Healthcare management, Public gathering, Assembly Claim partially upheld Because of the state of emergency there were measures which limited the freedom of movement, and assembly in some provinces of the country. The Court concluded that these measures were constitutional, except for ‎the subsection that empowered the National Emergency Operations ‎Committee to determine the terms of the suspension of the right of ‎association and assembly, since these could only be determined by the President during a state ‎of emergency.‎     https://www.covid19litigation.org/case-index/ecuador-constitutional-court-no-1-21-ee-2021-04-06  
31 August 2020 Sentencia No. 37-20-IS/20 Constitutional Court of Ecuador   Claim rejected In the context of the COVID-19 health emergency, by decree of March 2020, the President of the Republic declared a state of public calamity. The Constitutional Court, by means of Opinion 1-2-EE/20, declared the constitutionality of the Presidential Decree and established certain parameters for exercising the extraordinary powers given to the President and to other executive authorities through the declaration of the state of emergency. The National Union of Educators and the National Union of Educators of Pichincha filed a non-compliance action (acción de cumplimiento) against the Ministry of the Economy and Finance arguing that the Ministry violated the right to education of children and adolescents living in marginalized urban areas by cutting the budget for education to address the COVID-19 emergency. The Plaintiffs also argued that the Ministry’s decision affected the teachers as well. Considering that the budget reductions correspond to the use of an ordinary legal faculty of the Ministry of the Economy and Finance and that there is no evidence that the budget reduction was used to face the pandemic, the Court has concluded that the reduction of the education budget is not a breach of the second and third parameters established in Opinion No. 1-20-EE/20. The Constitutional Court has rejected the non-compliance action, explaining that this action is not meant to be used for this purpose and leaving open the possibility of filing other actions regarding the same facts. It has also called the President and the Ministry’s attention for failing to adequately and permanently comply with their obligation to make public and disseminate the information on the process of budget formulation, approval, and execution. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8728482/   https://www.covid19litigation.org/case-index/ecuador-constitutional-court-sentencia-no-37-20-is20-2020-08-31  
5 August 2020 Sentence No. 8-20-IA/20 Constitutional Court of Ecuador   Claim partially upheld The Plaintiff filed an action of unconstitutionality challenging the incompatibility of the resolutions issued by the National Court of Justice with several constitutional norms: the limitation period for the expiration of pretrial detention (Art. 77.9); the non-regressivity principle (Art. 11.8) and the right to legal certainty (Art. 82). The Plaintiff requested that the Constitutional Court carry out an abstract review of the constitutionality of the challenged resolutions. The Constitutional Court has declared the constitutionality of the resolutions conditioned to not be interpreted or applied in such a way as to deem suspended the term provided in the Constitution for the expiration of preventive detention or to affect the calculation of the time elapsed for its estimation. https://www.funcionjudicial.gob.ec/www/pdf/Sentencia%20CC%208-20-IA.pdf   https://www.covid19litigation.org/case-index/ecuador-constitutional-court-ecuador-sentence-no-8-20-ia20-2020-08-05  
June 29, 2020 3-20-EE/20 Constitutional Court of Ecuador   Claim upheld On June 29, 2020, the Constitutional Court of Ecuador rendered an opinion on the constitutionality of the Decree No. 1074 signed by the President regarding the extension of the state of emergency during the COVID-19 pandemic. The Court, which upheld the Decree that provided for the mobilization of the Armed Forces and National Police to reestablish “public order” and the suspension and limitation of the rights of freedom of movement, assembly and association, decided to include in its judgement additional considerations in relation to the right of freedom of expression in the context of the pandemic. Mainly, that the Government must develop measures to close the digital divide facing vulnerable and low-income groups and ensure the broadest possible access to information related to the public health emergency. https://globalfreedomofexpression.columbia.edu/cases/constitutionality-of-emergency-decree-no-1074/      
22 May 2020 Case No. 2-20-EE, Judge-rapporteur: Ramiro Constitutional Court of Ecuador   Claim upheld The constitutionality of Decree No. 1052 of May 15, 2020 was studied. It ordered a new state of emergency due the Covid-19 pandemic and the suspension of rights within the framework of the state of exception. The Court concluded that the Executive Decree renewing the state of emergency was constitutional and urged the administration to comply with a series of parameters to guarantee the rights and freedoms that were not suspended during the state of emergency with special protection for vulnerable groups. https://www.fielweb.com/App_Themes/InformacionInteres/2-20-EE-20.pdf   https://www.covid19litigation.org/case-index/ecuador-constitutional-court-ecuador-case-no-2-20-ee-judge-rapporteur-ramiro-avila  
21 April 2020 No. 31-20-IS/2020 Constitutional Court of Ecuador   Automatic control of constitutionality The Constitutional Court of Ecuador rendered an opinion on the constitutionality of the Decree No. 1074 signed by the President regarding the extension of the state of emergency during the COVID-19 pandemic. The Court, which upheld the Decree that provided for the mobilization of the Armed Forces and National Police to reestablish “public order” and the suspension and limitation of the rights of freedom of movement, assembly and association, decided to include in its judgement additional considerations in relation to the right of freedom of expression in the context of the pandemic. Mainly, that the Government must develop measures to close the digital divide facing vulnerable and low-income groups and ensure the broadest possible access to information related to the public health emergency. https://www.hrw.org/news/2020/05/04/ecuadors-constitutional-court-upholds-rights-during-covid-19