Human rights during the State of Emergency in Ecuador

Abstract

Introduction: Introduction: This study analyzes the validity and respect for human rights during the states of emergency declared in Ecuador between 2022 and 2025. The main objective was to examine the balance between the security measures adopted by the executive branch and the constitutional and international guarantees that protect fundamental rights, as well as to identify the criteria for constitutional review applied by the Constitutional Court of Ecuador.
Materials and methods: The research was conducted using a qualitative, documentary, and legal approach, employing deductive-inductive, analytical-comparative, and hermeneutic methods. Document review, content analysis, and the creation of comparative matrices were used to contrast regulations, decrees, rulings, and institutional pronouncements. The sources analyzed included the Constitution of the Republic of Ecuador, the American Convention on Human Rights, executive decrees declaring states of emergency, rulings of the Constitutional Court, and reports from the Ombudsman's Office, the UN, and the IACHR. Among the most relevant findings, a significant recurrence in the issuance of states of emergency was identified—twelve decrees between 2022 and 2025—which demonstrates a trend toward “permanent exceptionality.”
Results and discussion: The most affected rights were freedom of movement, inviolability of the home, personal liberty, and freedom of assembly, although the rights to life and personal integrity remained inalienable. The Constitutional Court consolidated a line of jurisprudence that guarantees rights, based on the principles of legality, necessity, proportionality, and temporality, reaffirming the State's obligation to justify and limit each exceptional measure.
Conclusion: It is concluded that the Ecuadorian legal framework is consistent with international standards, but its practical application presents gaps in effectiveness.