EL DERECHO A LA ESTABILIDAD LABORAL REFORZADA DE LOS TRABAJADORES SUSTITUTOS DIRECTOS A LA LUZ DEL DERECHOS A LA IGUALDAD Y NO DISCRIMINACIÓN

Abstract

This article examines the problem of labor discrimination faced by direct substitutes for people with disabilities in Ecuador. Through a critical analysis of the Organic Law on Disabilities and the jurisprudence of the Constitutional Court of Ecuador, a qualitative approach is used to identify how the lack of specific regulation and the restrictive interpretation of current legislation result in unequal treatment of this vulnerable group. The findings reveal that the current regulations limit the labor protection of direct substitutes as it is conditioned on the degree of disability of the dependent and the type of kinship with the substitute, which contravenes constitutional principles such as equality and non-discrimination. This situation leads to many caregivers lacking effective protection of their rights, generating legal insecurity and precariousness in their labor situation, which contributes to the perpetuation of cycles of vulnerability and inequality in society. The main conclusion of this study is the need to propose a public action of unconstitutionality against Article 51 of the Organic Law on Disabilities in order to guarantee the protection of the rights of direct substitutes, without restrictions linked to kinship or the degree of severe disability. It is also proposed that the Constitutional Court issue binding jurisprudence establishing broad inclusion parameters, recognizing and protecting the constitutional rights of direct substitutes.