Análisis jurídico de la migración venezolana en Ecuador y su relación con el principio de no devolución

Abstract

Ecuador protects the rights of individuals in situations of human mobility through both its Constitution and the Organic Law of Human Mobility, along with its corresponding regulations. One of the fundamental principles established in this legal framework is the principle of non-refoulement, which prohibits the expulsion or return of individuals to countries where their life, liberty, or integrity may be at risk. Moreover, Ecuadorian legislation prohibits collective expulsions and mandates that each case be evaluated individually to ensure the full protection of the person's rights. The methodology employed in this study was qualitative, aiming to provide a deeper understanding of the legal and documentary framework and the regulatory criteria concerning the object of study. It also included information gathered from interviews with selected professionals. As a result, the findings underscore that, through its normative framework and jurisprudence on the rights of individuals in situations of human mobility, Ecuador has committed to protecting this priority group, ensuring they are not returned to circumstances where they may face danger or serious harm, in accordance with international agreements. Finally, the study concludes that Ecuador has become an important destination for Venezuelan nationals in human mobility due to its geographic location and migration policies. It further emphasizes that, regardless of migratory status, basic rights such as access to healthcare, education, and employment must be guaranteed.