Incidencia de la sentencia 71-21-IN/25 en los derechos de autonomía individual, intimidad familiar y protección de la familia en Ecuador

Abstract

This research analyzes the Constitutional Court's interpretation in ruling 71-21-IN/25 and its impact on the recognition of individual autonomy, family privacy, and family protection within the framework of the modernization of family law in Ecuador. To this end, the arguments presented in the majority rule and its concurrent and saved votes are reviewed; international regulations on no-fault divorce are examined; and finally, a critique of the analyzed ruling is offered.

Based on this analysis, it is concluded that ruling 71-21-IN/25 issued by the Constitutional Court is not compatible with the development of the rights of the Ecuadorian family and contemporary society; furthermore, it violates and restricts the rights of individual autonomy, family privacy, and family protection, among others.

The research is developed with a qualitative, non-exploratory approach, which allows for exploring the depth of the complexity and problems involved in the Constitutional Court's interpretation of the grounds for contested divorce in Ecuador.