…slavery was legally abolished in Ecuador by the Supreme Decree of 25 June 1851, issued by General José María Urbina. Subsequently, article 107 of the 1852 Constitution laid down the principle that all men are born equal and that consequently no one can be reduced to slavery. By the Legislative Decree of 25 September of the same year, the Constituent Assembly adopted the Act on the freeing of slaves, which enabled the aforesaid constitutional principle to be implemented.
By the Legislative Decree of 20 October 1918, the Ecuadorian State abolished concertaje and imprisonment and human bondage for debt.
When Ecuador became an independent state in 1830, it carried on its anti-slavery tradition and in 1852 enacted the Emancipation and Manumission of Slaves Act.
Debt bondage, which continued to exist under the name of concertaje as an inheritance from the colonial past, was abolished by law in Ecuador in 1918 and the Labour Code enacted in 1938 gives the workers full protection against abuses of this kind… Under the Civil Marriage and Divorce Act, marriage is a free and voluntary civil contract, which may be dissolved according to the procedure provided for in the Act… all matters connected with the protection of child labour are regulated in Ecuador by the Code of Minors and come within the jurisdiction of special courts… Work is free and is guaranteed by the Constitution and the Labour Code. Article 170 of the Constitution lays down the State’s obligation to see that justice is done in relations between employers and workers, that the dignity of the worker is respected, that he is ensured a decent existence and given fair wages to meet his personal and family requirements… Paragraph (p) of the article provides that deprivation of the huasipungo, the piece of land allotted by the estate owners to native workers, shall be considered as improper dismissal… Article 187 guarantees freedom of employment relations and of labour.
With respect to servitude, I am happy to be able to state that it is prohibited in Ecuador under existing law. Servitude is construed as the rendering of compulsory services arising out of a relationship with the landlord. It is a survival of the feudal concept of serfdom.
According to article 3 [of the Labour Code] every worker is free to engage in such lawful employment as he may choose and he may not be compelled to work without his consent. It is expressly stipulated as a principle that all work must be remunerated.
Article 161 of the Constitution of the Republic of Ecuador provides that ‘no contract shall be valid which places one person at the disposal of another, in an absolute and indefinite manner; nor may conditions be prescribed by statute which impair the dignity of the human person’.
The exercise of rights shall be governed by the following principles:
For the exercise of rights and constitutional guarantees, no conditions or requirements shall be established other than those set forth in the Constitution or by law.
Rights shall be fully actionable. Absence of a legal regulatory framework cannot be alleged to justify their infringement or ignorance thereof, to dismiss proceedings filed as a result of these actions or to deny their recognition.
Work is a right and a social duty, as well as an economic right, source of personal fulfillment and the basis for the economy. The State shall guarantee full respect for the dignity of working persons, a decent life, fair pay and retribution, and performance of a healthy job that is freely chosen and accepted.
The State shall guarantee the rights of young people and shall promote the effective exercise of these rights by means of policies and programs, institutions and resources that ensure and uphold, on a permanent basis, their participation and inclusion in all sectors, especially in public sector spaces.
The State shall recognize young people as strategic players in the country's development and shall guarantee their right to education, health, housing, recreation, sports, leisure, freedom of expression and association. The State shall foster their incorporation into the labor force in fair and decent conditions, with emphasis on training, guarantee of access to first employment, and promotion of their entrepreneurial skills.
The State shall adopt, among others, the following measures that safeguard children and adolescents:
The following rights of persons are recognized and guaranteed:
29.The rights of freedom also include:
The State shall adopt measures to prevent and eliminate trafficking in persons and to protect and socially reinsert victims of trafficking and other forms of the infringement of freedom.
Family in its various forms is recognized. The State shall protect it as the fundamental core of society and shall guarantee conditions that integrally favor the achievement of its goals. They shall be comprised of legal or common-law ties and shall be based on the equality of rights and the opportunities of their members.
Marriage is the union of man and woman and shall be based on the free consent of the persons entering into this bond and on the equality of rights, obligations and legal capacity.
Article 82. Slavery
A person who exercises all or some attributes of the property right over another, constituting slavery, shall be punished with a custodial sentence of twenty-two to twenty-six years.
Article 89. Crimes against humanity
Crimes against humanity are those committed as part of a widespread or systematic attack against a civilian population: extrajudicial execution, slavery, forced displacement of the population that does not aim To protect their rights, illegal or arbitrary deprivation of liberty, torture, rape and forced prostitution, non-consensual insemination, forced sterilization and enforced disappearance shall be punishable by imprisonment for twenty-six to thirty years.
Article 91. Trafficking in Persons
The capture, transportation, transfer, delivery, reception or reception for himself or for a third person, of one or more persons, either inside the country or to or to other countries for exploitation purposes, constitutes a crime of trafficking in persons.
Any activity which results in tangible or intangible gain, an intangible advantage or any other benefit, for himself or for a third party, by means of the submission of a person or the imposition of living or working conditions obtained from:
Article 92. Sanction for the crime of trafficking in persons
Trafficking in persons will be sanctioned:
Trafficking is pursued and punished independently of other offenses committed in its execution or as a consequence thereof.
Article 95. Extraction and illegal treatment of organs and tissues.
Any person who, without complying with legal requirements, extracts, preserves, manipulates organs, their parts, vital anatomical components or irreproducible tissues, cells or other fluids or body substances from Persons, shall be punished with imprisonment of ten to thirteen years.
A person who, outside the cases permitted by law, acts that have as purpose the intermediation onerous or negotiate by any means or transfers organs, tissues, fluids, cells, anatomical components or corporal substances, will be sanctioned with a custodial sentence From thirteen to sixteen years.
Article 100. - Sexual exploitation of persons
A person who, for his own benefit or that of a third party, sells, lends, takes advantage of or gives in exchange to another to perform one or more acts of a sexual nature, shall be punished with a custodial sentence of thirteen to sixteen years.
If the conduct described is carried out on older adults, children, adolescents, pregnant women, persons with disabilities or catastrophic illness, persons at risk or are in a situation of vulnerability, or between the victim and the aggressor A consensual relationship of partner, family, conjugal or economic dependence or there is a link of civil, military, educational, religious or labor authority, the custodial sentence shall be from sixteen to nineteen years.
Article 101.- Forced prostitution
A person who obliges, demands, imposes, promotes or induces another against his or her will to perform one or more acts of a sexual nature shall be punished by deprivation of liberty from thirteen to sixteen years in one or more of the following circumstances :
Article 103. Pornography with the use of children or adolescents.
The person who photographs, films, records, produces, transmits or edits visual, audio-visual, computer, electronic or any other physical material or format containing the visual representation Of real or simulated disassemblies or semi-nudes of girls, boys or adolescents in a sexual attitude;
Shall be punished with imprisonment from thirteen to sixteen years.
If the victim also suffers some form of disability or serious or incurable illness, he shall be punished with imprisonment from sixteen to nineteen years.
When the offending person is the father, mother, relative up to the fourth degree of consanguinity or second of affinity, guardian, legal representative, Healer to the intimate environment of the family;
Minister of religion, teacher, teacher, or person who by virtue of his profession or activity has sought the victim, shall be punished with a custodial sentence of twenty-two to twenty-six years.
Article 104. Marketing of pornography with the use of children or adolescents.
The person who advertises, buys, possesses, carries, transmits, downloads, stores, imports, exports or sells, by any means, for personal use or for exchange Pornography of children and adolescents, will be served with a prison sentence of ten to thirteen years Shall be punished with imprisonment from twenty-two to twenty-six years. Article 104.- Marketing of pornography with the use of children or adolescents.- The person who advertises, buys, possesses, carries, transmits, downloads, stores, imports, exports or sells, by any means, for personal use or for exchange Pornography of children and adolescents, will be served with a prison sentence of ten to thirteen years Shall be punished with imprisonment from twenty-two to twenty-six years. Article 104.- Marketing of pornography with the use of children or adolescents.- The person who advertises, buys, possesses, carries, transmits, downloads, stores, imports, exports or sells, by any means, for personal use or for exchange Pornography of children and adolescents, will be served with a prison sentence of ten to thirteen years
Article 105. - Forced labor or other forms of labor exploitation
The person who submits another to forced labor or other forms of exploitation or labor services, inside or outside the country, shall be punished by deprivation of liberty from ten to thirteen years.
There will be forced labor or other forms of exploitation or labor services in the following cases:
Article 106. Promise of marriage or de facto servile union.
The person who gives or promises in marriage to a person, to contract marriage or de facto union, in exchange for a consideration given to his parents, his tutor or tutor, His family or any other person who exercises authority over him, without the future spouse or partner or partner has the right to oppose, will be punished with imprisonment of ten to thirteen years.
Article 107. Illegal adoption
The person who facilitates, collaborates, carries out, transfers, intervenes or benefits from the illegal adoption of persons shall be punished with a custodial sentence of ten to thirteen years.
The same sanction shall be imposed on the person who circumvents legal procedures for fostering or adoption and for the purpose of establishing a relationship similar to filiation, induce, by any means, the holder of parental authority to the delivery of a girl, Child or adolescent to another.
Article 110. Common Provisions.
For the crimes foreseen in Sections 2 and 3 of this chapter, the following common provisions shall be observed: