Análisis del control de residencia en Galápagos: Restricciones migratorias internas frente a derechos constitucionales

Abstract

Ecuador is facing a wave of national and international migration, to different destinations in the Ecuadorian State and beyond, as a result of social, economic, legal and insecurity aspects, wich contributes to a detriment to the quality of life or sumak kawsay or good living enshrined in the Constitution of Montecristi. The right to mobility, and the principle of universal citizenship, are fundamental axes, among others, within the Constitutional Text and International Treaties, together with the Kantian Theory of Human Dignity, created the appropriate conditions for the academic article in question. The Galapagos Islands have especial characteristics within their insular territory, which allows their conservation oriented to the search for a trague balance between nature, population, and development. Precisely the archipelago ins managed under an special legal system, however, these resolutions issued by the Governing Council of the Province of Galapagos, must be adapted to the current criteria of human mobility, and not violation of the residents of the islands themselves and also have an openness with ecuadorian citizens who make an internal migration to the islands. Residence controls and internal migration to the islands. Residence controls and internal migratory restrictions must be reviewed in accordance with the laws of the special regime, under the protection of the ecuadonan Constitution. It is important to consider that a resolution issued by the Governing Council may disrupt the sense of supremacy in the face of the Organic Law of the Special Regime of the Province of Galapagos and its regulation, in wich the treatment of permanent residents provides legal certainty with respect to their children when applying for permanent resident status. This is the turning point that allowed the viability of the project, by determining the problem and in turn establishing the technical legal criteria in which constitutional rights are violated.