Jonah Patel
Ecuador's 2008 Constitution is considered progressive for several reasons. It is the first in the world to recognise the rights of nature or ecosystems, and make them legally enforceable. It also guarantees inhabitants the right to a culture of peace, security, and to live in a democratic society free of corruption. The Constitution recognises gender identity, grants universal suffrage, and protects agricultural, wild, and genetic biodiversity by prohibiting genetically modified seeds and crops. It also establishes Spanish as the official language, while recognising Kichwa and Shuar as official languages for intercultural ties, and respecting the use of other indigenous languages.
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What You'll Learn
The first to recognise the rights of nature or ecosystems and make them legally enforceable
Ecuador's 2008 Constitution is the first in the world to recognise the rights of nature or ecosystems and make them legally enforceable. The country received help from the Community Environmental Legal Defense Fund to draft environmental laws that gave nature and ecosystems rights. The Constitution was approved by 63.93% of the electorate in the constitutional referendum in September 2008.
Articles 71-74 of the Constitution prohibit the extraction of non-renewable resources in protected areas. The production of monocultures will be avoided for reforestation and rehabilitation of the soil. The state will also protect the intellectual property of collective work based on national biodiversity and begin to recognise the Rights of Nature. The Ecuadorian state does not see drug consumption as a crime but only as a health concern.
The 2008 Constitution also recognises the collective rights of the Afro-Ecuadorian people, as set forth in the Constitution, the law, and human rights agreements, conventions, declarations, and other international instruments. It also recognises the collective rights of the coastal back-country people (montubios) to guarantee their process of integral, sustainable and durable human development, the policies and strategies for their progress, and their forms of societal management, based on knowledge about their reality and respect for their culture, identity, and own vision, in accordance with the law.
The 2008 Constitution also grants ownership of natural resources and the Indigenous right to self-governance. Ancestral, indigenous, Afro-Ecuadorian, and coastal back-country (montubios) peoples can establish territorial districts for the preservation of their culture. The territory of Ecuador is unalienable, irreducible, and inviolable. No one shall jeopardise its territorial unity or foment secession.
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Recognises the collective rights of Afro-Ecuadorian people
Ecuador's 2008 Constitution is the country's 20th constitution and was approved by 63.93% of the electorate in a referendum in September 2008. The Constitution recognises the collective rights of Afro-Ecuadorian people, as set forth in the Constitution, the law, and human rights agreements, conventions, declarations, and other international instruments.
The recognition of the collective rights of Afro-Ecuadorian people is a significant aspect of the 2008 Constitution's progressive nature. This recognition is intended to promote the development and preservation of their culture, identity, traditions, and rights. The Constitution also acknowledges the rights of indigenous peoples, including their right to self-governance and ownership of natural resources.
Afro-Ecuadorian and indigenous peoples are empowered by the Constitution to establish territorial districts to safeguard their cultural heritage. This provision is in line with the Constitution's emphasis on cultural diversity and respect for different community groups. It also guarantees the rights of individuals to participate in public spaces, promoting cultural exchange and social cohesion.
The 2008 Constitution's recognition of the collective rights of Afro-Ecuadorian people is a significant step towards ensuring their inclusion and equality within Ecuadorian society. It provides a framework for the state to respect and promote their cultural identity and development, contributing to a more inclusive and diverse nation. This recognition is a key element of the Constitution's overall progressive nature, which seeks to create a more just and equitable society for all Ecuadorians.
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Recognises gender identity
Ecuador's 2008 Constitution is the country's 20th constitution and was approved by the electorate in a referendum in September 2008 by 63.93%first in the world to recognise the Rights of Nature, or ecosystem rights, and make them legally enforceable.
Ecuador's 2008 Constitution is also significant for being the first in the world to recognise gender identity. Article 11, paragraph two of the Constitution of the Republic of Ecuador reaffirmed as a fundamental right to sexual orientation and included, for the first time globally, gender identity.
Article 56 of the Constitution recognises Indigenous communities, peoples and nations, the Afro-Ecuadorian people, the back-country people (montubios) of the inland coastal region, and communes as part of the single and indivisible Ecuadorian State. Article 57 guarantees their right to freely uphold, develop and strengthen their identity, feeling of belonging, ancestral traditions and forms of social organisation.
The Constitution also recognises the right to change legal names from female to male and vice versa for transgender and intersex people.
Article 9 of the Constitution states that foreign persons in Ecuadorian territory shall have the same rights and duties as Ecuadorians, in accordance with the Constitution. Article 10 states that all persons, communities, peoples, nations and communities are bearers of rights and shall enjoy the rights guaranteed to them in the Constitution and in international instruments.
Article 11 states that rights can be exercised, promoted and enforced individually or collectively before competent authorities, and that these authorities shall guarantee their enforcement. It also states that all persons are equal and shall enjoy the same rights, duties and opportunities, and that no one shall be discriminated against for reasons of ethnic belonging, place of birth, age, sex, gender identity, cultural identity, civil status, language, religion, ideology, political affiliation, legal record, socio-economic condition, migratory status, sexual orientation, health status, HIV status, disability, physical difference or any other distinguishing feature. All forms of discrimination are punishable by law.
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Guarantees the right to healthcare, education, food, social security and water
Ecuador's 2008 Constitution is the country's 20th constitution and was approved by 63.93% of the electorate in a referendum in September 2008. It is considered progressive for a variety of reasons, one of which is its guarantee of the right to healthcare, education, food, social security and water.
Article 3 of the Constitution states that the State's primary duties are to guarantee, without any discrimination, the rights set forth in the Constitution and in international instruments, especially the rights to education, health, food, social security and water for its inhabitants.
The right to healthcare is guaranteed by the State and is linked to the exercise of other rights, including the right to water, food, education, sports, work, social security, and healthy environments. The State is obliged to guarantee this right through economic, social, cultural, educational, and environmental policies, as well as permanent, timely, and non-exclusive access to programs, actions, and services that promote and provide integral healthcare, sexual health, and reproductive health. The provision of healthcare services is governed by principles of equity, universality, solidarity, interculturalism, quality, efficiency, effectiveness, prevention, and bioethics, with a gender and generational approach.
The right to education is also guaranteed, with Article 26 stating that education is a right of persons throughout their lives and an unavoidable and mandatory duty of the State. It is a priority area for public policymaking and state investment, guaranteeing equality and social inclusion.
The right to food is recognised in the Constitution, with Article 71-74 prohibiting the extraction of non-renewable resources in protected areas and avoiding the production of monocultures to prioritise reforestation and soil rehabilitation. Article 281, labelled Food Sovereignty, states that it is the State's obligation to guarantee self-sufficiency in healthy and culturally appropriate food for its people.
The right to water is also guaranteed, with the Constitution recognising the right to clean water as part of the right to a decent life.
The right to social security is recognised, with the Constitution guaranteeing the right to work, a safe work environment, just remuneration, and a reasonable standard of living.
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Does not criminalise drug consumption
Ecuador's 2008 Constitution is notable for its progressive stance on various issues, including its approach to drug consumption. While previous drug legislation in Ecuador was characterised by harsh punishments and a lack of distinction between different actors in the drug trade, the 2008 Constitution takes a notably different approach.
Article 364 of the 2008 Constitution explicitly states that the Ecuadorian state does not view drug consumption as a crime but rather as a public health concern. This shift in perspective is significant, as it prioritises the need for treatment and rehabilitation over criminalisation. The Constitution outlines the state's role in developing coordinated programmes to address addiction by providing information, prevention, and control measures for the use of substances, as well as offering treatment and rehabilitation services.
The implementation of this progressive approach has had tangible impacts. In 2013, Ecuador's state drugs regulatory office, CONSEP, published a table establishing maximum quantities for personal possession, differentiating individuals in possession of drugs from sellers and larger-scale traffickers. This change in legislation led to the release of thousands of people from prison, particularly those who were victims of disproportionate sentences under previous laws.
The 2008 Constitution's progressive stance on drug consumption is part of a broader wave of drug law reforms in Ecuador, which began with the election of President Rafael Correa, who initiated a process of comprehensive justice sector reform. This included the introduction of the Organic Criminal Procedures Code in 2014, which replaced the notoriously harsh criminal offences section of Law 108.
Ecuador's progressive drug policies have been influenced by its geographical position as a transit country for drug trafficking and its proximity to cocaine-producing nations. The government recognised the need to address the detrimental effects of narcotics trafficking and the over-incarceration of low-level offenders. As a result, Ecuador's drug policies have become more "humanised", aiming to provide punishments that fit the crime and recognising the role of addiction as a health issue.
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Frequently asked questions
Ecuador's 2008 Constitution is considered progressive due to its emphasis on social and environmental rights, as well as its recognition of the rights of nature or ecosystem rights. It guarantees rights to education, health, food, social security, water, work, leisure, and cultural expression. It also recognises gender identity and grants rights to Afro-Ecuadorians and indigenous communities.
The Constitution is the first in the world to recognise legally enforceable Rights of Nature or ecosystem rights. It prohibits the extraction of non-renewable resources in protected areas and promotes reforestation and soil rehabilitation. It also protects agricultural, wild, and genetic biodiversity by banning genetically modified seeds and crops.
The Constitution guarantees the right to cultural expression and participation in public spaces. It also recognises the official use of indigenous languages, such as Kichwa and Shuar, and encourages their preservation and use. Additionally, it acknowledges the collective rights of Afro-Ecuadorian and coastal back-country (montubios) communities, allowing them to establish territorial districts for cultural preservation.
The Constitution guarantees social rights, including the right to education, health, food, social security, and water. It promotes equality and social inclusion, recognising that all persons are equal regardless of ethnic belonging, age, sex, gender identity, cultural identity, religion, or other factors. It also grants rights to foreign persons, ensuring they have the same rights and duties as Ecuadorians.
