The partial unconstitutionality of the Executive Decree 1182 on the right to apply for asylum in Ecuador: Analysis and effects

Abstract

Executive Decree No. 1182, the "Regulation for the application in Ecuador of the right to apply for asylum" came into effect on the 30th of May of 2012, changing the internal regulations for the recognition of refugee status in Ecuador. That same year, both the Asylum Access Foundation and the Law Clinic of San Francisco University of Quito lodged unconstitutionality suits against the Decree because amongst the Decree"™s rules they found some that were violating human rights. Ecuador"™s Constitutional Court held in its Sentence No. 002-12-SIN-CC of the 14th of August, notified to Asylum Access on September 12th of the same year, the unconstitutionality of some of the rules in said Decree. This article proposes an analysis of the arguments of both suits and the response of the Court to later comment on the progress and challenges that still exist regarding the right to apply for Asylum in Ecuador. .