Conventionality control in the Judiciary Council of Ecuador: a failed obligation? Analysis in the management of the year 2023

Abstract

This article will contrast the work carried out by the last Directive in charge of the Judiciary Council with international human rights standards regarding judicial independence, judicial protection and judicial guarantees, all within the framework of the international obligation of the State to apply conventionality control. Thus, this research aims to address how the governing body of the judiciary fulfilled its duty of conventionality control in terms of human rights related to judicial independence, judicial protection and judicial guarantees, in the period from March to November 2023 in Ecuador. In this way, the initiatives undertaken at the time will be evaluated, but from a theoretical perspective in order to suggest proposals that will allow for the improvement of its management. With this, it should be taken into account that the State, being the guarantor of rights, should seek to develop appropriate public policies, hence, this document summarizes those policies designed to ensure judicial independence, judicial protection and judicial guarantees, assessing their content and purpose in the light of international human rights law; and the role of conventionality control of the Judiciary Council in matters of human rights related to judicial independence, judicial protection and judicial guarantees in the same time and space.