Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The Inter-American Court of Human Rights analyzes about the possible infringement of the freedoms of thought and expression in contrast with freedoms of conscience and religious, against the judicial censure enforcement for the communication and outreach of “The Last Temptation of Christ”. In addition, it analyzed the obligation of respect from the Chilean Estate, in order to enforce the rights and duties from The American Convention on Human Rights, about those rights and the state responsibility. According to this, we are interested in deepen from the Critical Theory into the tension between Formal Law -as a power manifestationand Art, from the political and axiological Law dimension. Finally, this text thinks over the effectiveness of the judgment.

In Ecuador, the current regulations on copyright protect the theater scripts, dramatic or theatrical works, choreographies and pantomimes. On the other hand, neighboring rights protect the performances of the artist and performers of a previously existing work. However, those of us who have ever attended as spectators to some theatrical work, opera, circus show, ballet, etc. know that the scenic work can be seen as a whole, in other words, as a single spectacle, but also as a set of elements with a lesser or greater degree of creativity that deserve sufficient protection. National, community and international legal norms provide different forms and levels of protection to holders of copyright and related rights if their works (in the case of authors) or their actions and interpretations (in the case of artists or performers) are original or reach a high level of creativity. The present essay intends to identify the applicable legislation to the scenic arts and their creative elements in Ecuador as well as the scope of their protection.

This article relates through an analysis of the movie The Law of Herod, the exercise of local power, municipal precariousness and corruption in which the municipal authorities are not infrequently involved. We see the degradation of Juan Vargas, the Mayor of the town, as he uses the law to give an apparent legality to his illicit acts in order to sustain himself in power and subdue the population. Thus, cinema is an ideal instrument for discussing difficult issues such as corruption and its connotations that end up establishing a culture of illegality that challenges the ethics and effectiveness of law.

In this article, the author pretends to show, the political function of art and law, like creation of an artificial world designed by elites for their control and benefit. However, it is argued that the Latin American law and art have entered in a new version, born than its own identity, juridical and esthetics forms, with which pretends develop a new version of constitutionalism, since its culture baroque, popular and mixed between the European and native matrix. With all this, the Latin-American countries pretends overcome the challenges of postmodernity predatory, consumerist and globalized.

El libro constituye una sentida muestra de respeto y consideración de parte de varios docentes y algunos estudiantes al querido profesor Albán. Se trata de personas que tienen en común al menos dos cosas: lo conocieron en las aulas –aunque en honor a la verdad es muy difícil haberlo conocido fuera de estas, su hábitat natural– y le expresan su aprecio desde ese amor por el arte y el derecho que él contagia a su paso.

Historically, LGTBI people have suffered stigmatization and structural violence from society and States. Through their constant struggle, LGTBI groups have achieved the recognition of several rights. However, the recognition of many others remains on a pending list. In Ecuador as well as in other countries in the region, the right to marry is still denied to same-sex couples. The Advisory Opinion OC-24/17 “Gender identity, and equality and non-discrimination with regard to same-sex couples”, handed down by the Inter-American Court of Human Rights, orders States parties of the Inter-American System to adopt all necessary measures to ensure access to marriage to same-sex couples.In Ecuador, the discussion focuses on the question of whether this advisory opinion would generate the obligation to register and celebrate marriages between same-sex couples, even without any legal reform. This article explores the reasons, why states have a duty to incorporate the standards established in this advisory opinion. Among these reasons are the obligation of the state authorities to conduct a control of conventionality as well as the principles of equality and non-discrimination as consubstantial parts of the ius cogens. Another argument is that the Ecuadorian Constitution guarantees, through a series of principles, the direct and immediate application of more favourable rights and guarantees established in international instruments.

The enforceability of the Advisory Opinions of the Inter-American Court of Human Rights rests on the basic principles of International Public Law and the law of interpretation of treaties. When a treaty is ratifies and the institution entrusted with its supervision issues an authorized interpretation, the States Parties must comply with this interpretation in good faith. In the past years, the mandatory nature of the Advisory Opinions has been questioned through a long doctrinal debate in the different countries of Latin America. The main objective of this paper is to contribute with arguments to reinforce the obligation of judges to apply the standards contained in the Advisory Opinion 24/17, performing a “control of conventionality” of their decisions and taking into account that international human rights treaties and instruments are part of the legal system through the “constitutionality block”, as has been recognized by the Constitutional Court in various decisions. We argue that the task of the judges cannot be limited to observe express norms contained in constitutional and infra-constitutional texts, rather, a conventionality control must be carried out in order to guarantee the effective enjoyment and exercise of the fundamental rights of every person.

In recent years, the framework of International Human Rights Law has advanced in the protection and claim of the rights of the persons LGBTI; This is the case of the Advisory Opinion OC-24/17, it represents a significant step forward in acknowledging of the rights of equality and non-discrimination for the LGBTI community. In a landmark decision, the Court declared that the American Convention on Human Rights protects rights as the change of name and the rectification of public records and identity documents to conform to a person’s gender identity. Furthermore, the Inter-American Court of Human Rights extended all existing legal mechanisms, including the marriage to same-sex couples. This resolution has involved a series of approaches both against and in favor of its implementation in the domestic legislation of the States parties, as in the administrative processes of registry change. The objective of this article is to analyze the content of the advisory opinion with regard to equal marriage in the context of the Constitution of Ecuador, as of the obligations assumed by the state in the framework of the international community.

This work focuses on the diversity of families that can start from physical attraction, or from necessity, or from affection, defying even the reductionist and isolating parameters of the monogamy and the monolove.The content of the article without the intention of deplete the great diversity of families that can be formed, presents several family structures from an approximation of the circumstances of particular origin of each one and includes those families whose consolidation could well move towards elements of broad social integration.Subsequently, the document refers to several circumstances of repression in which affection and femininity have been historical victims and whose effects are not only observed in the field intrafamily if not social. Likewise, the text is concerned with indicating why the conservative interest in maintaining the dominant reductionist monogamous family structure as the only protectable model it is advantageous and convenient for the private production system, contemplating the possibility of revolutionizing the economy at different levels based on the notion of family. Finally, this work makes a quick reference regarding the scope of the legal obligationthat the Ecuadorian State has regarding guaranteeing the achievement of thepurposes of the diversity of families that may be constituted.Keywords: Diversity of families, monogamy, monolove, polygamy, polylove, pansexuality,affectivity and femininity.

In this work, we seek to provide the reader with legal elements regarding the material concept of the Constitution, and from its configuration, analyze equal marriage in Ecuador. The text has been divided into three parts; in the first part, reference is made to advisory opinions and their legal value in the Inter-American System for the Protection of Human Rights; in a second, the value of said advisory opinions in Ecuador is observed from the understanding of the material concept of its Constitution; and finally, the institution of equal marriage in Ecuador and its full recognition based on analysis of the material concept of the Ecuadorian Constitution of 2008. In short, we try to address equal marriage in Ecuador with total legal objectivity, based on academic rigor and a clear understanding of human rights in its normative dimension.