Control de convencionalidad: análisis de la aplicación de estándares internacionales en la sentencia 1072-21-jp/24 esclavitud moderna en Furukawa

Abstract

This research analyzed the scope of the application of conventionality control exercised by the Constitutional Court of Ecuador in Judgment No. 1072-21-JP/24 (Furukawa Case), within the context of modern slavery. The objective was to evaluate the integration of international human rights standards developed by the Inter-American Court. The central hypothesis was that this application allowed for the effective incorporation of international standards, thereby strengthening the Ecuadorian judicial system's capacity to provide broader protection against state omissions. The study adopted a qualitative-legal approach, leading to the conclusion that the Court applied the Convention Control partially, yet decisively. Although the integration of certain treaties was limited, the ruling represented a significant advance in Ecuadorian judicial practice by applying the prohibition of slavery as a peremptory norm (ius cogens) and the pro persona principle. This ruling set a precedent for interpretation and underscored the State's obligation to prevent and respond to exploitation.