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

Public policies are actions executed by states to satisfy situations understood as public problems. The control of conventionality is a state obligation, contracted in good faith by ratifying the American Convention on Human Rights and recognizing the contentious jurisdiction of the Inter-American Court. Both issues have the State as the main character, but they are rarely dealt with together. This article explores the relationship between these two issues in guaranteeing rights and will be analyzed through the study of the Guzmán Albarracín case, which raises State obligations in the area of public policies to prevent and eradicate sexual violence in the educational sphere. In order to achieve this goal, four study sections are proposed: Public policies, taking into account their formulation, implementation and evaluation; the human rights approach; the Guzmán Albarracín case and the public policies related to sexual violence in the educational sphere in Ecuador; the control of conventionality, which studies the doctrine and main functions of this institute; the control of conventionality in the Ecuadorian case, based on the study of the 2008 Constitution with its particular characteristics, The latter is not only a doctrinal development embodied in these lines, but is a transversal axis in this paper.

The main purpose of this article is making an approximation to experiences lived women who were victims by Human Trafficking and sexual exploitation from a sociological and legal perspective putting aside the penalizing vision which states apply frequently related with Human Trafficking victims. Due to restriction, control and expansion of punitive power from states to locate and prosecute traffickers, Human Trafficking victims have been forgotten subjects of law and their status as victims have been greatly emphasized. That is why it is necessary to study Human Trafficking from another sphere, as a practice generated by patriarchalism and as a business promoted many times by states and national and international companies which operate within the capitalist system. In this sense, this text begins with a general conceptualization about human trafficking. As a second aspect, it shows the new and recent methods in which human trafficking operates hiding from the majority of controls and inspections promoted by the states, where traffickers have generated minimum legality conditions within and outside of many countries. Finally, it concludes positioning Human Trafficking as a violent and patriarchal social practice.

There are many global challenges ahead, however, within the discussions on public policy and legislation, little is addressed about migration as a result of the impacts of climate change. The study of the relationship between migration and climate change is intricate in comparison to the analyses that emphasize other causes of human mobility, but the projected global scenario calls for more attention to this factor. This global panorama requires action by national Governments, as well as rethinking the political rationality with which migration is currently regulated and managed. Therefore, this work aims to carry out a theoretical analysis of the main political positions on the migratory phenomenon that countries have assumed and to discuss to what extent they are relevant to the future demands on climate change. The methodology used is analytical and is based on breaking down the main migration policies in all their parts and types and contrasting them with the laws and actions implemented by countries and international communities. All this to establish that the main political rationales with which the migration issue is regulated and managed are insufficient to address the consequences of a global and inevitable phenomenon such as climate change.

The present contribution of criminological theory undertakes the search for understanding how at present the entire society that becomes in jail. For this purpose, the work theoretically and empirically investigates the massacre that occurred in Ecuador in February 2021. The death, suffering and exclusion produced in the largest prison massacre in the country are justification for inquiring about the causes and consequences derived from institutionalized violence. As a methodology, the case study is applied within a qualitative approach which allows us to get closer to the punitive violence deployed in prisons, to then propose an alternative and critical path regarding the treatment that is given to people in the context of confinement. This is how the proposal for the humane treatment of vulnerability is formulated in the last section, which stands as an unfinished solution but which can be helpful in mitigating the effects of imprisonment that affects prisoners, their families and relatives. Therefore, we begin to analyze the effects of punitive expansionism. Then the consequences of such expansionism are empirically revealed, and, finally, a proposal is developed dialectically to contain the punitive power which when it overflows, ends in massacre.

The control of constitutionality is one of the issues that have generated the greatest debates in the Ecuadorian legal sphere, among other factors, this due to the possible normative conflicts that arise in the Constitution —CRE— itself when determining the coexistence of two systems, the mixed and the concentrated by the secondary regulation Organic Law of Jurisdictional Guarantees and Constitutional Control —LOGJCC—, and the contradictory jurisprudence of the Constitutional Court of Ecuador —CCE—. The main objectives of this paper are to analyse from a critical perspective the evolution of the Ecuadorian constitutional control since the approval of the 2008 Constitution, to determine the existing problems in relation to the mixed control of constitutionality and to reflect the existing chaotic jursprudence. For this purpose, a deductive analytical method has been employed, which begins with the study of the theory of constitutional control, followed by the analysis of the normative discipline, and a static analysis of the jurisprudence issued by the CCE in relation to constitutional control. This analysis concludes by representing the reasons in defense of the implementation of a mixed control of constitutionality and, therefore, of a new regulation more attentive to the guaranteeingsystem promoted by the Constitution of Montecristi.

The research objective has been to outline the relationships between technological and productive transformations in the work. To reach that, a qualitative methodology of documentary review and intuitive contribution was followed on the theoretical descriptive basis of concepts such as: technology, innovation, creation, social changes, productive transformations; and, mainly, employment within the framework of the concept of work. As it is a descriptive and exploratory level investigation; The relationships that have been found from the scientific literature in this area of knowledge are delineated and the possible existence of more relationships is formulated. Finally, this study exposes the importance of technological change; look at the process of technological transformation in the social context, raises the emergency or need for a new paradigm; fixes the relationship between technology, technological innovation, social change and work to conclude on its dimensions, the type of relationship and its effects; It also highlights the difficulties, limits and challenges that this issue represents for the contemporary world, especially on employment from a legal perspective illustrated in problems of the current Ecuadorian context.

Good living is more than a way of life of Andean peoples: it is a philosophy, a cosmovision and a form of resistance to the Western model, but they are not the only communities that find answers to daily and social problems and to the manifestations of nature in their millenary wisdom. On the other hand, globalization is the main tool of consumerism that demands unnecessary products, which require the irrational use of natural resources. Consumerism originates waste and squandering. In the throwaway culture, everything ends up in the trash: in the earth or in the oceans. Thus, globalization is at odds with good living, which has as its most important principle: the care of nature. This relationship between globalization and good living, can be redirected for a rapprochement between native cultures and a joint action in an attempt to improve the relationship of human beings with nature. It can also be the platform that makes viable the popular and solidarity economy of good living based on the fair exchange of products. Globalization can be a channel for common actions.

The extreme violence experienced in the prisons of Ecuador claimed 79 lives in February 2021. The article proposes an approach to the facts from three axes: the function of the penalty, the international obligations of the Ecuadorian State in terms of Human Rights and criminal policy. The analysis takes into account the national and international regulations on the matter, the jurisprudence of the Inter-American Court, as well as reference authors. It is concluded that the conditions of imprisonment in Ecuador are incompatible with the human rights of persons deprived of liberty and with the constitutional purposes of the penalty. Likewise, the prison issue is analyzed from criminal policy, understood as public policy according to inter-American standards.

This article critically analyses the child rights-based approach of the Temporary Protection Statute for Venezuelan Migrants adopted by Colombia in March 2021, to question if it responds to the protection needs of Venezuelan children. The Statute recognizes that having a regular migratory status is a prior and necessary step for the full guarantee of children rights. Therefore, at first, the study considers how the Colombian State has responded to some of the main protection challenges of Venezuelan children in Colombia and the gaps that remains in the actions undertaken. Then, it delves into the way in which the Temporary Protection Statute aims at granting access to a regular migratory status and the protection of the rights of Venezuelan children in Colombia. This article concludes that the Temporary Protection Status is a necessary but insufficient advance for the protection of migrant children rights. This is so because it perpetuates a limited and biased view of migration and promotes the creation of a double standard of protection that prejudices children of nationalities other than the Venezuelan.