VULNERACIÓN DE DERECHOS: LA NO AFILIACIÓN AL SEGURO SOCIAL DE LOS PESCADORES ARTESANALES, POR INCURIA ADMINISTRATIVA EN LA PROVINCIA DE SANTA ELENA POR EL PERÍODO 2019-2021

Abstract

Although the Constitution of the Republic guarantees access to social security, without other conditions that those established by law; this precept is not fulfilled in the case of artisanal fishermen, due to the regulation determined in the IESS’s directors, which is the administrative body of this Entity. This body provided in its internal regulations that the artisanal fisherman could benefit from his condition, as long as he previously belongs to an association or cooperative with such conditions. If he is not a member, the benefit is denied. Provision in total contradiction with the current legal regulations, which states that the worker can access the benefit, without the need to be a member of a union as an essential requirement. This legal dichotomy violates the guarantees expressed in the Constitution and attacks the policy of Good Living, and a set of inclusive rights such as health, food, retirement, severance pay, etc. Until now these rights continue to be violated, without the Board of Directors of the IESS having tried to avoid them or compensate them with regulations adapted to the constitutional guarantees that are in full exercise.