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Problemática jurídica del alcance de la justicia indígena y los derechos humanos en el Ecuador
| Content Provider | Semantic Scholar |
|---|---|
| Author | Villacís, Jiménez Efrén, Manolo |
| Copyright Year | 2014 |
| Abstract | The State recognizes the existence of communes, communities, indigenous peoples and Afro-Ecuadorian and nationalities who own their own customs, language, and traditions and recognized as nations, that in order to ensure the full enjoyment of their rights as citizens of the State and ensure the development of their culture. The current Constitution of the Republic of Ecuador recognizes and guarantees all Ecuadorians, the right to life, prohibits cruel, inhuman degrading torture or acts contrary to human rights. Similarly recognizes formal equality, material and non-discrimination. The points raised legal body that will enforce the guarantees of due process. In the Ecuadorian criminal law provides that no person may be punished for an act which is not specifically declared an offense under criminal law, or undergo a shame that it is not established. Similarly, the right to innocence is that every accused is innocent until final judgment is set to plead guilty. However in Article 171 of the Constitution of Ecuador, said: "The authorities of the communities, peoples and nationalities, exercise judicial functions, based on their own ancestral traditions and law within its territory warranty participation and decision making of women. The authorities apply rules and procedures for the resolution of internal conflicts which are not contrary to the Constitution and the human rights recognized in international instruments. The State shall ensure that the decisions of indigenous jurisdiction are respected by institutions and public authorities. Such decisions shall be subject to the control of Constitutionality. The law shall establish mechanisms for coordination and cooperation between indigenous jurisdiction and ordinary jurisdiction. The Indian Constitution guarantees the exercise of judicial functions, based on their ancestral traditions and their own right, within its territory. Thus, the types of crimes that are judged are varied, ranging from family problems to regional trouble, passing problems of adultery, loitering, robbery, cattle rustling, gossip, lying, rape, fraud and sexual abuse and other crimes that do not are offenses under criminal law Ecuador. Notes that the State shall ensure that the decisions of indigenous jurisdiction are respected by institutions and public authorities. Such decisions are subject to judicial review. thus indigenous justice in each of the villages, fractionated jurisdictional unity, producing discriminatory conditions for people and each of the villages, causing different institutions, norms and contradictory processes. Indigenous justice affects and weakens the exercise of human rights and guarantees, creating conditions of legal inequality and vulnerability, for those who are not indigenous, causing conditions of violence, marginalization, racism, conflict and social exclusion. The population believes in our country, there is no justice for the poor, our indigenous brothers have had to make use of this so-called justice into our own hands, by threat of death, collection of money, torture, psychological abuse and other problems that violate the Constitution and Human Rights law. So that should be in every community, justices of the peace, such as priests, Protestant pastors and community leaders and ordinary justice authorities, and help correct according to the seriousness of the misconduct, to the formation man, for the economic survival of their families and communities. There are many cases of conflicts that lie, for several years in the Courts of Justice. For this reason the Indigenous Justice appears, in order to solve the problems and conflicts that have not been promptly resolved in order to complement and strengthen the ordinary courts. However indigenous justice to punish such crimes, as happens in rape or murder, communities overreach, violating fundamental rights. It is also unfortunate that justice administrators as advocates, indigenous justice hide behind to free up those who are criminals and that the nature of crime should be tried by the ordinary courts. The Constitution of Montecristi contemplates the use of indigenous justice and internal affairs by native peoples, but there are no clear guidelines on what crimes can be tried under this process and which should be referred to the ordinary justice, so it is necessary to regulate it. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://dspace.unl.edu.ec/jspui/bitstream/123456789/15169/1/Tesis%20Lista%20Manolo.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
