The Right to Migrate in Practice: The Constant Ecuadorian Paradox

Abstract

Based on the theory that Hollifield has called "liberal paradox", in this opportunity I want to make visible through some cases attended throughout my professional career as a Public Defender specialized in human mobility, the inconsistencies that arise in the practical application of a guaranteeing legal framework, which is denaturalized by institutional practice, and leads to the violation of the right to migrate and other constitutional rights of foreigners in Ecuador; This paradox has motivated me to formulate several questions, from a human rights approach, about the Ecuadorian immigration policy, the normative insufficiency, and to conceive strategic litigation as the most effective tool to reduce such contradictions.