Protección jurídica de los refugiados y solicitantes de asilo en el marco normativo ecuatoriano Legal protection of refugees and asylum seekers within the ecuadorian legal framework

Abstract

The investigation analyzed contributions to the Ecuadorian legal system of political asylum and refuge institutions, as legal responses to the global migration crisis. Historically, Ecuador has been characterized by being a receiving country for people seeking protection against situations of vulnerability of their human rights in their country of origin or residence, which has driven the adoption of public policies for protection, guarantee and regularization of migration through asylum and refuge. The investigation has a qualitative approach, has a descriptive-analytical scope, a non-experimental design, employing techniques of jurisprudential, documentary and bibliographical analysis, using the exegetical method, the data collection instruments used were used on bibliographical files, documents and jurisprudential matrix. The results warn that the Ecuadorian legal system, from the Constitutional norm, protects and guarantees asylum and refuge, in compliance with the principles of equality of rights and does not return, however, in practice, access to these institutions is reduced to bureaucratic procedures, which do not guarantee protection effective to their applicants, due to institutions weakened by the lack of operational and economic capacity of the State, which results in a high percentage of denied requests. It is concluded that, despite expanding protection at the constitutional and international level regarding asylum and refuge as fundamental rights, in Ecuador, administrative officials carry out a restrictive interpretation of the law, disregarding the pro-person principle, leaving applicants in a vulnerable situation, which highlights the need for institutional strengthening and international support