El principio de igualdad y no discriminación en el ordenamiento jurídico Ecuatoriano: Análisis de la sentencia No. 080-13-SEP-CC.

Abstract

Workplace discrimination against people living with HIV remains an ongoing issue. In this regard, the Ecuadorian State must ensure the proper enforcement of the rights to equality and non-discrimination enshrined in the Constitution. Therefore, this article aims to analyze the application of the principle of equality and non-discrimination through ruling No. 080-13-SEP-CC of the Constitutional Court of Ecuador. The structure includes the origin of the principles of equality and non-discrimination, the conceptualization of these principles, and conclusions. The methodology employed was qualitative, with a descriptive scope, utilizing a literature review approach. The methods used included the historical-logical, analytical-synthetic, inductive-deductive, hermeneutic, and comparative law methods. The conclusion highlights that ruling No. 080-13-SEP-CC of the Ecuadorian Constitutional Court sets a precedent in the protection of the labor rights of people with HIV, recognizing reinforced job stability as a fundamental right. This decision, aligned with national and international regulations, reinforces the prohibition of discriminatory dismissals based on health conditions and strengthens jurisprudence in favor of labor human rights.