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20Ecuador is a constitutional State of rights and justice, a social, democratic, sovereign, independent, unitary, intercultural, multinational and secular State. It is organized as a republic and is governed using a decentralized approach.
21Sovereignty lies with the people, whose will is the basis of all authority, and it is exercised through public bodies using direct participatory forms of government as provided for by the Constitution.
25Spanish is Ecuador's official language; Spanish, Kichwa and Shuar are official languages for intercultural ties. The other ancestral languages are in official use by indigenous peoples in the areas where they live and in accordance with the terms set forth by law. The State shall respect and encourage their preservation and use.
28 1.Guaranteeing without any discrimination whatsoever the true possession of the rights set forth in the Constitution and in international instruments, especially the rights to education, health, food, social security and water for its inhabitants.
37The territory of Ecuador constitutes a single geographical and historical whole, with natural, social, and cultural dimensions, which has been passed on to us by our ancestors and ancestral peoples. This territory includes the mainland and maritime space, adjacent islands, the territorial sea, the archipelago of the Galapagos Islands, the land, the undersea continental shelf, the ground under the land and the space over our mainland, island, and maritime territory. Its boundaries are those determined by treaties currently in force.
42Ecuador is a territory of peace. The establishment of foreign military bases or foreign facilities for military purposes shall not be allowed. It is forbidden to transfer national military bases to foreign armed or security forces.
46Ecuadorian nationality is a political and legal bond between individuals and the State, without detriment to their belonging to any of the other indigenous nations that coexist in plurinational Ecuador.
57 3.Those born abroad of a mother or father who is Ecuadorian by naturalization, while they are minors, shall keep their Ecuadorian nationality, as long as they do not express their wish to the contrary.
73 No one shall be discriminated against for reasons of ethnic belonging, place of birth, age, sex, gender identity, cultural identity, civil status, language, religion, ideology, political affiliation, legal record, socio-economic condition, migratory status, sexual orientation, health status, HIV carrier, disability, physical difference or any other distinguishing feature, whether personal or collective, temporary or permanent, which might be aimed at or result in the diminishment or annulment of recognition, enjoyment or exercise of rights. All forms of discrimination are punishable by law.
75 3.The rights and guarantees set forth in the Constitution and in international human rights instruments shall be directly and immediately enforced by and before any civil, administrative or judicial servant, either by virtue of their office or at the request of the party.
77 Rights shall be fully actionable. Absence of a legal regulatory framework cannot be alleged to justify their infringement or ignorance thereof, to dismiss proceedings filed as a result of these actions or to deny their recognition.
81 7.Recognition of the rights and guarantees set forth in the Constitution and in international human rights instruments shall not exclude the other rights stemming from the dignity of persons, communities, peoples and nations that might be needed for their full development.
86The State, its delegates, concession holders and all persons acting in the exercise of public authority, shall be obligated to redress infringements of the rights of individuals for negligence or inadequacies in the provision of public services or for the deeds or omissions of their public officials and employees in the performance of their duties.
87The State shall immediately exercise the right to file a claim for restoration against those persons responsible for the damage produced, without detriment to civil, criminal and administrative liabilities.
88The State shall be held liable for arbitrary arrest and detention, miscarriage of justice, unjustified delay or inadequate administration of justice, violation of the right to effective protection of the court, and any violations of the principles and rules of due process of law.
89When a final judgment of conviction is reversed or vacated, the State shall provide redress to the person who has sustained damages as a result of this judgment; when the responsibility for such acts by public, administrative or judicial servants is identified, they shall be duly charged to obtain restitution.
93The human right to water is essential and cannot be waived. Water constitutes a national strategic asset for use by the public and it is unalienable, not subject to a statute of limitations, immune from seizure and essential for life.
95Persons and community groups have the right to safe and permanent access to healthy, sufficient and nutritional food, preferably produced locally and in keeping with their various identities and cultural traditions.
100Environmental conservation, the protection of ecosystems, biodiversity and the integrity of the country's genetic assets, the prevention of environmental damage, and the recovery of degraded natural spaces are declared matters of public interest.
102The State shall promote, in the public and private sectors, the use of environmentally clean technologies and nonpolluting and low-impact alternative sources of energy. Energy sovereignty shall not be achieved to the detriment of food sovereignty nor shall it affect the right to water.
103The development, production, ownership, marketing, import, transport, storage and use of chemical, biological and nuclear weapons, highly toxic persistent organic pollutants, internationally prohibited agrochemicals, and experimental biological technologies and agents and genetically modified organisms that are harmful to human health or mat jeopardize food sovereignty or ecosystems, as well as the introduction of nuclear residues and toxic waste into the country's territory, are forbidden.
109 3.The creation of media and access, under equal conditions, to use of radio spectrum frequencies for the management of public, private and community radio and television stations and to free bands for the use of wireless networks.
114 1.Guarantee the allocation, by means of transparent methods and in equal conditions, of radio spectrum frequencies for the management of public, private and community radio and television stations, as well as the access to free bands for the use of wireless networks and shall make sure that, when they are used, the general welfare of the community prevails.
115 2.Facilitate the creation and strengthening of public, private and community media, as well as universal access to information and communication technologies, especially for persons and community groups that do not have this access or have only limited access to them.
119 1.Look for, receive, exchange, produce and disseminate information that is truthful, accurate, timely, taken in context, plural, without prior censorship about the facts, events, and processes of general interest, with subsequent responsibility.
120 2.Gain access freely to information generated in public institutions or in private institutions that handle State funds or perform public duties. There shall be no confidentiality of information except in those cases expressly provided for by the law. In the event of a violation of human rights, no public institution shall refuse to provide the information.
122The law shall regulate the prevalence of contents for informative, educational and cultural purposes in the programming of the media, and shall foster the creation of spaces for the dissemination of independent national production.
125The State shall guarantee the conscience clause for all persons, professional secrecy and the confidentiality of the sources of those who inform, issue their opinions through the media or other forms of communication or who work in any communication activity.
128Persons have the right to build and uphold their own cultural identity, to decide their belonging to one or various cultural communities, and to express these choices; the right to aesthetic freedom; the right to learn about the historical past of their cultures and to gain access to their cultural heritage; to disseminate their own cultural expressions and to have access to diverse cultural expressions.
131Persons have the right to develop their creative capacity, to the commendable and steady exercise of cultural and artistic activities, and to benefit from the protection of moral and heritage rights that pertain to them as a result of the scientific, literary or artistic productions of which they are the authors.
133Persons have the right to gain access to and participate in public spaces as a sphere for deliberation, cultural exchange, social cohesiveness and the promotion of equality in diversity. The right to disseminate in public spaces one's own cultural manifestations shall be exercised without any constraint other than those provided for by the law, subject to the principles of the Constitution.
140Education is a right of persons throughout their lives and an unavoidable and mandatory duty of the State. It constitutes a priority area for public policymaking and state investment, the guarantee of equality and social inclusion and the indispensable condition for the good way of living. Persons, families and society have the right and responsibility to participate in education.
142Education will focus on the human being and shall guarantee holistic human development, in the framework of respect for human rights, a sustainable environment, and democracy; education shall be participatory, compulsory, intercultural, democratic, inclusive and diverse, of high quality and humane; it shall promote gender equity, justice, solidarity and peace; it shall encourage critical faculties, art and sports, individual and community initiatives, and the development of competencies and capabilities to create and work.
145Education shall be for general welfare of the public and shall not be at the service of individual and corporate interests. Universal access, permanence, mobility and graduation without any discrimination shall be guaranteed, as well compulsory attendance of initial schooling, basic education and secondary education or their equivalent.
156Persons have the right to fully enjoy the city and its public spaces, on the basis of principles of sustainability, social justice, respect for different urban cultures and a balance between the urban and rural sectors. Exercising the right to the city is based on the democratic management of the city, with respect to the social and environmental function of property and the city and with the full exercise of citizenship.
159Health is a right guaranteed by the State and whose fulfillment is linked to the exercise of other rights, among which the right to water, food, education, sports, work, social security, healthy environments and others that support the good way of living.
160The State shall guarantee this right by means of economic, social, cultural, educational, and environmental policies; and the permanent, timely and non-exclusive access to programs, actions and services promoting and providing integral healthcare, sexual health, and reproductive health. The provision of healthcare services shall be governed by the principles of equity, universality, solidarity, interculturalism, quality, efficiency, effectiveness, prevention, and bioethics, with a gender and generational approach.
163Work is a right and a social duty, as well as an economic right, source of personal fulfillment and the basis for the economy. The State shall guarantee full respect for the dignity of working persons, a decent life, fair pay and retribution, and performance of a healthy job that is freely chosen and accepted.
165The right to social security is a right of all persons and it cannot be waived, and it shall be the State that must bear the prime duty and responsibility for this right. Social security shall be governed by the principles of solidarity, obligation, universality, equity, efficiency, subsidiarity, adequacy, transparency and participation, to meet individual and collective needs.
166The State shall guarantee and ensure the full and effective exercise of the right to social security, which includes persons who carry out unpaid work in households, livelihood activities in the rural sector, all forms of self-employed and who are unemployed.
169Elderly persons, girls, children and adolescents, pregnant women, persons with disabilities, persons in prison and those who suffer from disastrous or highly complex diseases shall receive priority and specialized care in the public and private sectors. The same priority care shall be received by persons in situations of risk, victims of domestic and sexual violence, child mistreatment, natural or manmade disasters. The State shall provide special protection to persons who are doubly vulnerable.
172Elderly persons shall receive priority and specialized attention in the public and private sectors, especially in terms of social and economic inclusion and protection against violence. Those persons who have reached sixty-five years of age shall be considered to be elderly.
183The State shall draw up public policies and programs aimed at providing care for elderly persons that bear in mind specific differences between the urban and rural sectors, gender concerns, ethnic group, culture, and the differences pertaining to persons, communities, peoples and nations; it will also foster, to the greatest extent possible, personal autonomy and participation in the drafting and implementation of these policies.
185 1.Care in specialized centers mat guarantee their nutrition, health, education and dairy care, in a framework of integral protection of rights. Care centers shall be established to shelter those who cannot be taken care of by their relatives or who do not have a place to stay permanently.
186 2.Special protection against any type of labor or economic exploitation The State shall implement policies aimed at fostering the participation and work of elderly persons in public and private institutions so that they can contribute their experience, and it shall develop job training programs, on the basis of their profession and ambitions.
191 7.Establishment of special system for the enforcement of measures of imprisonment. In the event of a conviction with life sentence, as long as no other alternative measures are applied, they shall fulfill their sentence in centers that are adequate for this purpose and, in the case of pre-trial arrest, they shall be subject to house arrest.
197The State shall guarantee the rights of young people and shall promote the effective exercise of these rights by means of policies and programs, institutions and resources that ensure and uphold, on a permanent basis, their participation and inclusion in all sectors, especially in public sector spaces.
198The State shall recognize young people as strategic players in the country's development and shall guarantee their right to education, health, housing, recreation, sports, leisure, freedom of expression and association. The State shall foster their incorporation into the labor force in fair and decent conditions, with emphasis on training, guarantee of access to first employment, and promotion of their entrepreneurial skills.