Abstract

SOSA SALAZAR, Edinson Guillermo; CAMPOVERDE NIVICELA, Luis Johao  and  SANCHEZ CUENCA, Melina Estefanía. The principles of ownership, requirement and equality and non-discrimination as principles of application of rights in the Ecuadorian state. Universidad y Sociedad [online]. 2019, vol.11, n.5, pp. 428-436.  Epub Dec 02, 2019. ISSN 2218-3620.

The principles of application of rights, are mandates of general application that correspond to all fundamental rights. They do not develop the content of rights but make perfect the exercise of them. Ownership as a principle of application allows the identification of subjects of rights in Ecuador, determining as holders of fundamental rights to individuals, communities, nationalities and collectives, and also to nature, who may exercise, promote and demand those rights. Rights individually or collectively, this is the principle of enforceability that recognizes the two dimensions of rights, which allows rights to materialize. Finally, the principle of equality and non-discrimination as a principle of application seeks to displace the idea of purely formal equality or equality before the law, and emphasize the concept of material equality, which allows differential treatment when the subjects of rights are different, they are at a natural disadvantage.

Keywords : Principle; ownership; enforceability; equality; non-discrimination.

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