JUSTICIABILIDAD DE LOS DERECHOS A LA SALUD Y AL TRABAJO: CASO MIGRANTES VENEZOLANOS EN ECUADOR

Abstract

Venezuelan migration currently represents one of the largest waves of migration, it is a social phenomenon that has increased considerably in last years and according to international organizations, it will continue to increase. Ecuador is one of the main host countries, so it represents great challenges from the legal, social and political sphere to ensure that migrants rights are not violated. The two main needs of Venezuelan migrants are access to health and work, those are indispensable rights linked to human dignity, but that, as they belong to the group of social rights, those are questioned if they are directly justiciable. Although, from the doctrine it is debated the direct justiciability due to its nature, structure and scope, the international corpus iuris has ratified it and the Ecuadorian legislation guarantees it. The Ecuadorian State, fulfilling its obligations determined by international law and domestic law, has carried out different plans of action to ensure the exercise of these rights, also contemplating its legislation mechanisms for direct justiciability.