La consulta previa como un derecho de participación de los pueblos indígenas frente a la minería a gran escala.
The objective of this research was to analyze the constitutional right to prior, free and informed consultation as a collective right of participation recognized by indigenous communities, peoples, and nationalities in Ecuador in the face of largescale mining exploitation. Due to its nature and natu...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2021 |
| País: | Ecuador |
| Institución: | Universidad de Otavalo |
| Repositorio: | Repositorio Universidad de Otavalo |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/549 |
| Acceso en línea: | http://repositorio.uotavalo.edu.ec/handle/52000/549 |
| Access Level: | acceso abierto |
| Palabra clave: | Derecho Constitución Participación comunitaria Ecuador Derecho constitucional |
| Sumario: | The objective of this research was to analyze the constitutional right to prior, free and informed consultation as a collective right of participation recognized by indigenous communities, peoples, and nationalities in Ecuador in the face of largescale mining exploitation. Due to its nature and nature, the research was carried out and based on the qualitative paradigm, the collection, review and analysis of international treaties, constitutional, legal, regulatory and jurisprudential regulations were used to construct a descriptive study. It was intended to know the scope and effectiveness of the prior consultation through the socio-legal method and for this purpose, instruments such as: legal texts, scientific articles, theses and degree works were used. From the review and corresponding analysis, two types of consultation were determined: environmental consultation as a diffuse right of all people and, prior, free and informed consultation as a collective right made to indigenous communities, peoples and nationalities. Consequently, the investigation focused on legally and factually analyzing the prior consultation, in order to determine a possible impact on this right in the face of programs or projects for the exploitation of natural resources. Finally, it was determined that the development of the right to prior consultation is limited, due to the scarce legislation and specific procedures; the antinomy of secondary norms with respect to the constitutionality block; and finally, the absence of an institutional framework that regulates the process in accordance with international standards in accordance with the constitutionality block. |
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