Revista Científica de Educación Superior y Gobernanza Interuniversitaria Aula 24 - ISSN: 2953-660X

Editorial

PhD. Luis Cedeño Astudillo — Thu, 13 Feb 2025 00:00:00 +0000

Editorial

The Impact of International Human Rights Instruments and the Gender and Sexual Diversity Approach on the Judicialization of Cases of Discrimination Based on Sexual Orientation and Gender Identity in Ecuador

Thu, 13 Feb 2025 00:00:00 +0000

This article explores how international human rights treaties and instruments have been used in the judicialization of cases involving LGBTIQ+ individuals in Ecuador. Through a comprehensive literature review and the analysis of three prominent cases, it provides a thorough perspective on the integration of these international frameworks into legal practice, particularly in decisions by the Ecuadorian Constitutional Court. The article identifies the international treaties and instruments ratified by Ecuador that provide specific rights and protections for LGBTIQ+ individuals and examines their incorporation into judicial processes, resulting in the recognition of rights. The study highlights significant progress in recognizing LGBTIQ+ rights, such as same-sex civil marriage, gender identity, recognition of kinship, and the prohibition of discrimination within the military. However, it also points out ongoing challenges regarding judges’ understandings of gender and sexuality. Although norms related to equality and non-discrimination are applied, there is limited analysis of sex and gender as analytical categories.

Critical areas prone to forest fires in Portoviejo canton

José Andrés Segura Alcívar, Carlos Alberto Litardo Velásquez — Thu, 13 Feb 2025 00:00:00 +0000

Forest fires have become a threat to ecosystems and human life, regardless of whether their origin is natural or due to human activities. The general objective of this work was to identify the areas of greatest risk of forest fires in the Portoviejo canton. The methodology was based on a non-experimental, longitudinal design, the approach was mixed (qualitative-quantitative), supported by bibliometric, documentary research and field work, an interview was applied to the Chief of the Portoviejo Fire Department and a survey of the population. Among the main results are that in the period from 2019 to 2024, a total of 2,986 forest fires were recorded, distributed in 11 locations. The areas with the highest incidence were Las Colinas de Portoviejo, which includes San Pablo, Barrio Fátima and Nuevo Portoviejo, with 399 events, the Agua Fría site with 356 and Andrés de Vera with 345 fires. On the other hand, the lowest number of contingencies was in Pueblo Nuevo, with 100 reported fires. A recurring factor was the traditional use of fire by communities, which is used to clear land or eliminate waste, which, if not managed in a controlled manner, increases the risk. Likewise, in Andrés de Vera and Abdón Calderón there was a high level of knowledge on the subject, while in areas such as Loma el Calvario and Sitio Agua Fría the levels were low, suggesting contrasts in learning about preventive measures. It was concluded that it is important to carry out awareness activities and implement prevention strategies to reduce the occurrence of events, especially in the areas of the Portoviejo canton that are most prone to forest fires.

Administrative Efficiency and Governance: An Approach to the Ecuadorian Case

Bryan David Díaz Alava — Thu, 13 Feb 2025 00:00:00 +0000

The document highlights the importance of public administration as a key tool for the Ecuadorian state to promote collective well-being and sustainable development. Since the 2008 Constitution, fundamental principles such as efficiency, transparency, and accountability have been established. However, recurring issues like corruption, politicization of processes, and a lack of technical and human resources have weakened the effective implementation of these legal guidelines. The legal framework includes essential instruments such as the Organic Administrative Code (COA), aimed at regulating the relationship between the state and its citizens under principles of transparency and efficiency; the Comprehensive Organic Penal Code (COIP), which penalizes corruption-related crimes in public administration; and the Organic Law of Public Service (LOSEP), which sets standards for professionalism and ethics in public service. Nevertheless, the implementation of these frameworks faces obstacles such as the appointment of officials based on political interests rather than merit, resource mismanagement, and a lack of institutional commitment. The document also emphasizes internal and external control mechanisms, like the Comptroller General of the State, which aim to ensure proper management of public resources, though these bodies are not exempt from political influence and structural deficiencies. Furthermore, systemic problems such as a high perception of corruption, administrative inefficiency, and a lack of technological and infrastructural resources undermine the quality of public services. Finally, the document proposes improvement strategies, including the use of digital technologies to enhance real-time monitoring and transparency, the promotion of citizen participation through social oversight and observatories, the professionalization of public service through merit-based selection and ongoing training, and granting greater autonomy to oversight bodies. These measures aim to strengthen accountability, transparency, and efficiency in public administration to overcome the current challenges and better serve citizens.

Internal migration for studies towards university higher education. Characterization in multicultural contexts of Chiapas, Mexico

Joaquín Peña Piña, José Bastiani Gómez — Thu, 13 Feb 2025 00:00:00 +0000

Research results are presented on university training processes in the Los Altos region of Chiapas, Mexico, with young people who present internal migration. The objective is Study the characteristics of the school and social conditions of the migrant population that enters the university in conditions of social poverty. It is a cross-sectional exploratory sociodemographic study, where the Population, Education and Associated Factors Survey (EPEA) was applied, using a self-administered and anonymous questionnaire with 150 items that included demographic data, education, interculturality, migration, and youth well-being. . The data was captured and analyzed with the Excel program and SPSS version 2020, from which tables of results and systematization of opinions were prepared. The data show that despite the conditions of poverty and social exclusion of the indigenous and non-indigenous population, young people chose to pursue professional studies at the Intercultural University of Chiapas and the Mesoamerican University, one public and the other private, prevailing among students a deep desire for academic improvement. The information shows the need to review and evaluate the intercultural and inclusive educational policy, to address educational inequality in higher education in Chiapas.

Recognition of the Right to Early Retirement for People with Catastrophic Illnesses in Ecuador

Aura Jaramillo, Heidi Hidalgo — Thu, 13 Feb 2025 00:00:00 +0000

In Ecuador, social security laws have certain minimum requirements that must be met by people who wish to retire early when they present a pathology that prevents them from continuing with their functions, whether due to a degenerative or orphan disease, they can benefit from the retirement process due to Catastrophic illness. For the development of this work, a qualitative and exploratory methodology was used. In turn, the following techniques were carried out: The survey, which was directed at five users who were undergoing the early retirement process and; the interview with the Institutional Sponsorship Lawyer. The objective of the study is to understand the procedure that an insured person must follow due to suffering from a catastrophic illness and when this benefit applies. The results show that our legislation recognizes this type of retirement, however the rules must be followed. It is recommended to seek legal advice in these cases if there is ignorance.

Promotion processes of police officers: Is there a violation of constitutional rights in the qualification process?

Oswaldo Gustavo Tonato Pallo, Edward Fabricio Freire Gaibor — Thu, 13 Feb 2025 00:00:00 +0000

The objective of this investigation was to determine the violation of the constitutional rights of legal security, due process, work, formal equality, and non-discrimination towards police officers in the qualification process for promotion to the next higher grade within the National Police of Ecuador. It was a mixed, documentary and field study, using legal hermeneutic and analytical-synthetic methods. The techniques were documentary analysis of six protection action processes and a survey applied to a non-probabilistic random convenience sample of thirty-eight police officers. Among the results, it was found that, although promotions face challenges due to insufficient vacancies for the number of applicants, vacancies due to termination in some cases are not granted to those who are pending promotion. In addition, there were processes where subjective and discretionary criteria were applied by the competent authorities in promotions. For this reason, the constitutional judges have ordered in various protection actions the application of articles 504 and 140 of the Professional Career Regulations for Police Servants (2021) so that vacancies due to dismissals are granted to already promoted servers, and compliance with general aspect ratings. It is concluded that the Ecuadorian Constitutional Court recognizes the violation of rights claimed in a partial manner, without reflecting decisions with a uniform criterion for analogous causes, which is why it is necessary to establish jurisprudence with erga omnes effect for similar.

Motherhoods, Subjectivities, and Cross-Border Migrations from a Gender and Organized Crime Perspective

Renan Andrade Castillo — Thu, 13 Feb 2025 00:00:00 +0000

This article explores motherhood and identity configurations resulting from cross-border migrations from a gender perspective, also considering the impact of organized crime. Through a specialized literature review, the article draws on theories from authors like Sassen (2006) and various feminist authors to examine how gender identities are transformed in the context of migration, focusing on Venezuelan mothers in Ecuador. The forced migration of Venezuelan women has generated a new paradigm in the configuration of their roles and identities. In this sense, the article analyzes the tensions and challenges they face while adapting to a new cultural and social environment, where organized crime might influence their lives and decisions. This can lead to a redefinition of their identities and changes in the perception of their roles as mothers.

The article also highlights how organized crime has contributed to destabilizing family structures and altering power dynamics within the household, affecting the well-being of women and their children. The gender perspective is crucial for understanding these transformations, as it allows for the visibility of the particularities and struggles these mothers face in their quest for a better life. The article emphasizes the importance of considering the experiences of Venezuelan migrants in Ecuador to understand the implications of the diaspora and organized crime in shaping their identities and motherhoods in a new context.

Gender and Diversities: Constitutional Right to Identity in Childhood from a Deconstructivist Feminist Perspective

Karol Gissela Zambrano — Thu, 13 Feb 2025 00:00:00 +0000

This academic article addresses how the Ecuadorian Constitution protects the right to gender identity for transgender individuals from its incorporation in 1997 (the decriminalization of homosexuality in Ecuador) to the present day, where specific legislation recognizes the change of gender instead of sex on identity documents, albeit with a still adult-centric approach. However, the perspective on the protection of the right to gender identity remains binary in that it only acknowledges men and women whose identities align with masculine or feminine bodies. Individuals who exist outside of this binary framework (including children and adolescents) are left unrecognized.

This study reflects on the question: What guarantees does the constitutional framework provide in Ecuador, and how is the right to gender identity for transgender individuals protected, regardless of their age? Despite having a robust legal and constitutional framework, its understanding remains adult-centric and cisgender.

Helplessness, denial of justice, lack of guarantees and regressively of rights inconstitutional sentences for lawsuits against the State

Rodolfo Alfonso Santos Muñoz — Thu, 13 Feb 2025 00:00:00 +0000

It will be determined through the exegetical and casuistic study and analysis of demands for jurisdictional guarantees of protection actions, against the Ecuadorian State that, in its sentences, causes effects contrary to the purpose of protecting rights and principles, which causes in certain cases, the defenselessness and denial of justice to the plaintiff, a consequence derived from the error in the interpretation and application of constitutional precedent on the part of the judge.

Control of Conventionality: Supraconstitutional Challenges in States”

Betty Isabel Marcillo Mendoza, Luis Fernando Cedeño Astudillo — Thu, 13 Feb 2025 00:00:00 +0000

This study explores the presence of xenophobia in the social imaginary as mediated by social networks. These platforms often amplify hate speech due to anonymity and limited regulation, negatively impacting social cohesion and individual well-being. By analyzing the historical roots of xenophobia and its contemporary manifestations, particularly microxenophobia in sports, the article discusses the intersection of freedom of expression, ethics, and moral standards in a multicultural digital environment. Surveys indicate a pervasive perception of microxenophobia, revealing the inadequacy of current measures to curb such behaviors. The findings underscore the importance of regulatory reforms and educational campaigns to promote inclusivity and respect in digital interactions.

Control of Conventionality: Supraconstitutional Challenges in State

Patricio Alejandro Giler Fernández — Thu, 13 Feb 2025 00:00:00 +0000

This research is focused on identifying the control of conventionality applicable to the States parties, at the mercy of the obligations arising from the good faith compliance with international treaties and instruments, contemplating for this purpose, an evaluation of the application of international human rights standards and their impact on criminal proceedings by judges based on the normative and jurisprudential experience in Ecuador. In this way, necessary and binding aspects are addressed in the exercise of conventionality, to which the authorities – with special judicial mention – must observe the tenor of the parameters predefined by the Inter-American Court of Human Rights (hereinafter I/A Court H.R.) thanks to the counter-majoritarian nature of justice and the referral clauses indicated by the constitutional order. in addition to the agreed requirements in the conventional exercise of rights.

The Truth About Property Tax Contribution in the Fire Defense Law: Tax, Fee, or Special Contribution? Unraveling the True Legal Nature of This Levy

Thu, 13 Feb 2025 00:00:00 +0000

This article examines the legal nature of the "property tax contribution" established in the Fire Defense Law (LDCI), which is allocated to the financing of fire departments nationwide. This contribution, equivalent to 0.15 per thousand of the collected property tax, has been assumed as a special contribution without significant questioning or critical analysis. Through a legal and doctrinal analysis, it is argued that this "property tax contribution" actually constitutes an additional tax rather than a fee or special contribution, as it is neither linked to a general and divisible public service to be classified as a fee, nor does it correspond to a public work that generates benefits for a specific group of taxpayers to be considered a special improvement contribution. The proper classification of this tax has direct implications for the application of the exemptions provided in Article 35 of the Organic Tax Code; therefore, its regulatory evolution, the 1981 reform, and its impact on current legislation are analyzed.