PREAMBLE
We women and men, the sovereign people of Ecuador
RECOGNIZING our age-old roots, wrought by women and men from various peoples,
CELEBRATING nature, the Pacha Mama (Mother Earth), of which we are a part and which is vital to our existence,
INVOKING the name of God and recognizing our diverse forms of religion and spirituality,
CALLING UPON the wisdom of all the cultures that enrich us as a society,
AS HEIRS to social liberation struggles against all forms of domination and colonialism
AND with a profound commitment to the present and to the future,
Article 6. All female and male Ecuadorians are citizens and shall enjoy the rights set forth in the Constitution.
Ecuadorian nationality is a political and legal bond between individuals and the State, without detriment to their belonging to any of the other indigenous nations that coexist in plurinational Ecuador.
Ecuadorian nationality is obtained by birth or naturalization and shall not be forfeited because of marriage or its dissolution or by acquiring another nationality.
Article 7. The following persons are Ecuadorians by birth:
1. Persons born in Ecuador.
2. Persons born abroad of a mother or father born in Ecuador and their descendants up to the third degree of consanguinity.
3. Persons belonging to communities, peoples or nations recognized by the State living in border areas.
Article 8. The following persons are Ecuadorians by naturalization:
1. Those who obtain the naturalization card.
2. Under-age foreigners adopted by a female or male Ecuadorian, who shall keep their Ecuadorian nationality as long as they do not express their wish to the contrary.
3. Those born abroad of a mother or father who is Ecuadorian by naturalization, while they are minors, shall keep their Ecuadorian nationality, as long as they do not express their wish to the contrary.
4. Those who marry, or have a common-law marriage with, an Ecuadorian female or male, in accordance with the law.
5. Those who obtain Ecuadorian nationality for having provided important services to the country on the basis of their talent or individual effort.
Those who acquire the Ecuadorian nationality shall not be obligated to forfeit their nationality of origin.
Ecuadorian nationality acquired by naturalization shall be forfeited by express renunciation.
Article 10. Persons, communities, peoples, nations and communities are bearers of rights and shall enjoy the rights guaranteed to them in the Constitution and in international instruments.
Nature shall be the subject of those rights that the Constitution recognizes for it.
Article 12. The human right to water is essential and cannot be waived. Water constitutes a national strategic asset for use by the public and it is unalienable, not subject to a statute of limitations, immune from seizure and essential for life.
Article 13. Persons and community groups have the right to safe and permanent access to healthy, sufficient and nutritional food, preferably produced locally and in keeping with their various identities and cultural traditions.
Article 16. All persons, individually or collectively, have the right to:
1. Free, intercultural, inclusive, diverse and participatory communication in all spheres of social interaction, by any means or form, in their own language and with their own symbols.
2. Universal access to information and communication technologies.
3. The creation of media and access, under equal conditions, to use of radio spectrum frequencies for the management of public, private and community radio and television stations and to free bands for the use of wireless networks.
4. Access and use of all forms of visual, auditory, sensory and other communication that make it possible to include persons with disabilities.
5. Become part of participation spaces as provided for by the Constitution in the field of communication.
Article 17. The State shall foster plurality and diversity in communication and, for this purpose, shall:
1. Guarantee the allocation, by means of transparent methods and in equal conditions, of radio spectrum frequencies for the management of public, private and community radio and television stations, as well as the access to free bands for the use of wireless networks and shall make sure that, when they are used, the general welfare of the community prevails.
2. Facilitate the creation and strengthening of public, private and community media, as well as universal access to information and communication technologies, especially for persons and community groups that do not have this access or have only limited access to them.
3. Not permit the oligopolistic or monopolistic ownership, whether direct or indirect, of the media and use of frequencies.
Article 18. All persons, whether individually or collectively, have the right to:
1. Look for, receive, exchange, produce and disseminate information that is truthful, accurate, timely, taken in context, plural, without prior censorship about the facts, events, and processes of general interest, with subsequent responsibility.
2. Gain access freely to information generated in public institutions or in private institutions that handle State funds or perform public duties. There shall be no confidentiality of information except in those cases expressly provided for by the law. In the event of a violation of human rights, no public institution shall refuse to provide the information.
Article 19. The law shall regulate the prevalence of contents for informative, educational and cultural purposes in the programming of the media, and shall foster the creation of spaces for the dissemination of independent national production.
Article 20. The State shall guarantee the conscience clause for all persons, professional secrecy and the confidentiality of the sources of those who inform, issue their opinions through the media or other forms of communication or who work in any communication activity.
Article 21. Persons have the right to build and uphold their own cultural identity, to decide their belonging to one or various cultural communities, and to express these choices; the right to aesthetic freedom; the right to learn about the historical past of their cultures and to gain access to their cultural heritage; to disseminate their own cultural expressions and to have access to diverse cultural expressions.
Culture cannot be used as an excuse when infringing rights recognized in the Constitution.
Article 22. Persons have the right to develop their creative capacity, to the commendable and steady exercise of cultural and artistic activities, and to benefit from the protection of moral and heritage rights that pertain to them as a result of the scientific, literary or artistic productions of which they are the authors.
Article 26. Education is a right of persons throughout their lives and an unavoidable and mandatory duty of the State. It constitutes a priority area for public policymaking and state investment, the guarantee of equality and social inclusion and the indispensable condition for the good way of living. Persons, families and society have the right and responsibility to participate in education.
Article 27. Education will focus on the human being and shall guarantee holistic human development, in the framework of respect for human rights, a sustainable environment, and democracy; education shall be participatory, compulsory, intercultural, democratic, inclusive and diverse, of high quality and humane; it shall promote gender equity, justice, solidarity and peace; it shall encourage critical faculties, art and sports, individual and community initiatives, and the development of competencies and capabilities to create and work.
Education is indispensable for knowledge, exercise of rights and building a sovereign country and it is a key strategy for national development.
Article 28. Education shall be for general welfare of the public and shall not be at the service of individual and corporate interests. Universal access, permanence, mobility and graduation without any discrimination shall be guaranteed, as well compulsory attendance of initial schooling, basic education and secondary education or their equivalent.
Learning shall take place with schooling systems and non-school modalities.
Public education shall be universal and secular at all levels and shall be free of charge up to and including the third level of higher education [post-secondary undergraduate schooling].
Article 31. Persons have the right to fully enjoy the city and its public spaces, on the basis of principles of sustainability, social justice, respect for different urban cultures and a balance between the urban and rural sectors. Exercising the right to the city is based on the democratic management of the city, with respect to the social and environmental function of property and the city and with the full exercise of citizenship.
Article 32. Health is a right guaranteed by the State and whose fulfillment is linked to the exercise of other rights, among which the right to water, food, education, sports, work, social security, healthy environments and others that support the good way of living.
The State shall guarantee this right by means of economic, social, cultural, educational, and environmental policies; and the permanent, timely and non-exclusive access to programs, actions and services promoting and providing integral healthcare, sexual health, and reproductive health. The provision of healthcare services shall be governed by the principles of equity, universality, solidarity, interculturalism, quality, efficiency, effectiveness, prevention, and bioethics, with a gender and generational approach.
Article 33. Work is a right and a social duty, as well as an economic right, source of personal fulfillment and the basis for the economy. The State shall guarantee full respect for the dignity of working persons, a decent life, fair pay and retribution, and performance of a healthy job that is freely chosen and accepted.
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