Why is the mirage of free, prior and informed consultation in Ecuador not binding?

Authors

  • Héctor Acebo Universidad Metropolitana del Ecuador, Ecuador
  • ENRIQUE DAVID LUZURIAGA MUÑOZ Universidad Técnica Particular de Loja, Ecuador

DOI:

https://doi.org/10.52428/12345678.v1i1.1083

Keywords:

Consulta previa

Abstract

The present work deals with the analysis of the mirage of prior consultation in Ecuador, for which we develop a critical study on the application and effectiveness of this right, in the Ecuadorian constitutional context, from its appearance in the supreme norm, promoting an understanding of the conceptual bases and its importance and implication when prescribing it as a constitutional right. From this analysis we review three fundamental aspects in their environment, that is, the effectiveness, application and its binding aspect in the Ecuadorian legal context, so the answer we try to provide is to the following question: why the prior consultation is not binding?

Published

2024-03-18

How to Cite

Acebo, H., & LUZURIAGA MUÑOZ, E. D. (2024). Why is the mirage of free, prior and informed consultation in Ecuador not binding?. Juris Studia, 1(1), 10–23. https://doi.org/10.52428/12345678.v1i1.1083