History
Ecuador has had new constitutions promulgated in 1830, 1835, 1843, 1845, 1851, 1852, 1861, 1869, 1878, 1884, 1897, 1906, 1929, 1938, 1945, 1946, 1967, 1978, and 1998. Following his election asAnalysis
Environmental rights
The Constitution is the first in the world to recognize legally enforceable Rights of Nature, or ecosystem rights. Article 71-74 prohibits the extraction of non-renewable resources in protected areas. Moreover, 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 recognize the Rights of Nature.Pena, Karla (2008) "Putting Food First in the Constitution of Ecuador," Food First Institute for Food & Development Policy, https://www.foodfirst.org/en/node/2301 , (updated 31 October 2008, accessed 21 May 2008).International investment
The Constitution prohibits Ecuador from yieldingFood sovereignty
The constitution is one of the first in the world to recognise theDrug liberalization
According to Article 364 of the 2008 Constitution of Ecuador, the Ecuadorian state does not see drug consumption as a crime but only as a health concern. Since June 2013 the State drugs regulatory office, CONSEP, has published a table that establishes maximum quantities carried by persons so as to be considered in legal possession and that person as not a seller of drugs.Recognition of same-sex relationships
Within the Ecuadorian Constitution adopted in 2008, Article 67 limits marriage to the union of a man and a woman.Constitution of the Republic of Ecuador, ''Political Database of the Americas'', 31 January 2011The stable and monogamous union between two persons without any other marriage ties who have a common-law home, for the lapse of time and under the conditions and circumstances provided for by law, shall enjoy the same rights and obligations of those families bound by formal marriage ties.In Spanish, the official version of Article 68 reads as follows:La unión estable y monogámica entre dos personas libres de vínculo matrimonial que formen un hogar de hecho, por el lapso y bajo las condiciones y circunstancias que señale la ley, generará los mismos derechos y obligaciones que tienen las familias constituidas mediante matrimonioArticle 68 also limits adoption rights to opposite-sex couples. In 2019, Ecuador's Constitutional Court legalized same-sex marriage.
Article 68, Constitución de la República del Ecuador
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Recognition of sexual orientation and gender identity
Article 11, paragraph two of the Constitution of the Republic of Ecuador reaffirmed as a fundamental right tosexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...and included for the first time and even globallygender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i .... Until 2008, no constitution in the world recognized gender identity."Ecuador un estado constitucional de Derechos", retrieved 23 January 2013
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See also
* 1830 Constitution of Ecuador *Ecuadorian Constituent Assembly The Ecuadorian Constituent Assembly was a 2007–2008 constitutional assembly in Ecuador, which drafted the 2008 Constitution of Ecuador, approved via the Ecuadorian constitutional referendum, 2008. On 30 September 2007 an election for a const ...*Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...*Constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...*Constitutional economics Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economi ...*Constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional ...* '' Case No. 111-97-TC'' (1997), alandmark decision Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly u ...by theConstitutional Tribunal of Ecuador The Constitutional Court of Ecuador (Spanish: ''Corte Constitucional del Ecuador''), previously the Constitutional Tribunal of Ecuador (''Tribunal Constitucional del Ecuador'') is the constitutional court of Ecuador. History The Court was cre ...on 25 November 1997 regarding the country's sodomy laws * ''Recognition of same-sex unions in Ecuador Same-sex marriage in Ecuador has been legal since 8 July 2019 in accordance with a Constitutional Court ruling issued on 12 June 2019 that the ban on same-sex marriage was unconstitutional under the Constitution of Ecuador. The ruling took effect ...'' (2009),civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...s for same-sex couples were legalized by the approval of the 2008 Constitution of Ecuador * ''Legal Precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...'' (2009), right to change legal names female to male and vice versa for peopletransgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through tr ...andintersex Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical bina ...by the approval of the 2008 Constitution of Ecuador
Notes
References
External links
Constitutional Assembly
2008 Constitution
{{DEFAULTSORT:2008 Constitution Of Ecuador Constitutions of Ecuador Government of Ecuador