Access to the right of free movement of the Cuban community in Ecuador

Special reference to the right to remain

Abstract

This paper focusses on the analysis of the right of free movement as a human right and the exercise of the right to permanence, as one of its central rights. It explores its conceptual limits, as set forth by the legal systems for international protection of human rights and migration, and to reconstruct it as a more encompassing umbrella term giving access to basic rights with social, cultural, and economic content. Additionally, it shows the inner contradiction that emerges in the normative order after full constitutional recognition of the ius migrandi, as well as of the coexistence of other, hierarchically lower immigration regulations and policies which call into question its effectiveness. According to this, from the Cuban case, it analyses the legitimization of a segmented and criminalizing immigration policy towards a different subject, mostly because of its nationality.