Legal Framework of Social Security in the Face of Migration in Ecuador
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Abstract
This article analyzes the existing legal tensions between the constitutional recognition of social security as a universal right and its effective application to people in situations of human mobility in Ecuador. Based on the current constitutional and legal framework, it identifies normative gaps and structural contradictions between social security regulations and migration legislation, which generate legal and administrative barriers to the real access of the migrant population to social protection.
The objective of this study is to analyze the legal framework of social security in Ecuador in relation to migration, in order to determine the extent to which it guarantees effective protection of the rights of migrants in accordance with the principles of universality, equality, and non-discrimination. The research employs a qualitative methodology with a legal-dogmatic and analytical approach, based on the normative analysis of the Ecuadorian legal system, a review of specialized doctrine, and a systematic examination of international human rights instruments.
The results argue that, despite the broad constitutional recognition of the right to social security, a significant gap persists between its normative formulation and its institutional implementation. This gap stems from the persistence of a pre-constitutional contributory logic and the weak normative and administrative articulation of the system. Finally, the article provides a comprehensive legal analysis that contributes to the academic debate on the effectiveness of social rights in contexts of human mobility within a constitutional state of rights and justice.
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