The Constitutional Court evaluates the constitutionality the Ecuadorian government’s March 16, 2020 Executive Order 1017, which declared a national state of exception (otherwise known as a state of emergency) in response to the threat of the emerging global pandemic, COVID-19.
The Court stipulated public servants will be held liable for any abuse committed while performing their duties during the state of exception.
This case is significant because it illustrates the complexities between protecting citizens from public health risks and protecting them from a suspension/limitation of fundamental rights. The Court also importantly affirmed the State’s duty to protect homeless and other vulnerable populations during the pandemic state of emergency. By explicitly delineating the extent to which the order can and must be enforced, the Constitutional Court of Ecuador recognized the immediate need for safety while ensuring that there is a clear end to any restriction, even if temporary, of rights.
For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
