Interpretation of Ecuadorian constitutional norms as a guarantee of human rights

Abstract

Methods of constitutional interpretation should not be applied mechanically, or isolated from each other, under which Ecuador's Constitution contains an open catalogue of rights. In addition, its State is defined as Constitutional of Rights and Social Justice, thus belonging to the Garantista Constitutionalism. The ultimate duty of the State is to respect and enforce the rights and guarantees embodied in the text of the Fundamental Standard. This implies that the largest spectrum of protection should always be sought in favor of the rights and guarantees of individuals or In dubio pro persona. In this way, the interpretative rules must look in the specific case at their context, in order to achieve true social justice. Consequently, constitutional interpretation causes rights to be applied for a defined time and space, somehow causing reforms, because interpretive activity must respond to the social reality of its people and bow to it, to achieve material justice, that is, there must be some sensitivity to guarantee the rights of individuals, in the given context.