Organic Of The National Councils For Equality Law

Original Language Title: Ley Orgánica de los Consejos Nacionales para la Igualdad

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Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/ro_ley_organica_de_los_consejos_nacionales_para_la_igualdad_segundo_suplemento_ro_283_del_07-07-2014.pdf



CONSIDERING: That article l of the Constitution of the Republic establishes that the Ecuador is a constitutional state of rights and justice, which is a transformation of the legal and institutional structure in order to ensure the fundamental rights of the people as the center of the State, social and economic scaffolding for the country;

That, the article 3, number 1, of the Constitution of the Republic designates as duty primary of the State ensure without discrimination any the effective enjoyment of them rights in she established and in them treated International's rights human ratified by the Ecuador;

That, the exercise of them rights is governed by them principles enshrined in the article 11 of the Constitution of the Republic, between them, the principle of equality and of not discrimination as well as the possibility of adopt actions affirmative for them holders that is are in situation of inequality;

That article 35 of the Constitution states that the State should pay attention priority and specialized to so-called priority groups, which include: older adults, boys, girls and adolescents, pregnant women, people with disabilities, persons deprived of their liberty and who suffer catastrophic diseases or high complexity;

That articles 37 and 38 of the Constitution of the Republic establishes and guarantees the rights of older adults;

That articles 40, 41 and 42 of the Constitution recognize the right of persons to migrate as well as guarantee the rights of persons, regardless of their immigration status;

That, articles 44, 45 and 46 of the Constitution guarantees the rights of children and adolescents by imposing on the State, society and the family, in its various types promote their integral development on a priority basis;

That, articles 47, 48 and 49 of the Constitution recognize rights for persons with disabilities, ensuring the equality of opportunities and social integration;

That, articles 56, 57, 58, 59 and 60 of the Constitution recognize and guarantee the collective rights of communes, towns, communities, indigenous nationalities, the Afro-Ecuadorian people and the montubio people forming part of the Ecuadorian, single and indivisible State;

That article 70 of the Constitution guarantees that the State will formulate and execute policies to achieve equality of men and women through the mechanism specializing in accordance with the law and incorporate the gender perspective in plans and programmes and will provide technical assistance for its mandatory application in the public sector;

That, the article 156 of the Constitution of the Republic sets that them tips national for it equality are second supplement-record official No. 283-Monday 7 of July of 2014-3 organs responsible for of ensure it full force and the exercise of them rights consecrated in the Constitution and in them instruments international of rights human. Them tips shall exercise powers in the formulation, mainstreaming, enforcement, monitoring and evaluation of them political public related with them thematic of gender, ethnic, generational, intercultural and of disabilities and mobility human, in accordance with the law. For the fulfilment of its purposes will coordinate with guiding and executing entities and specialized agencies in the protection of rights at all levels of Government;

That article 157 of the Constitution notes that the national councils for equality will be integrated joint way by representatives of civil society and the State; they will be presided over by who represent the Executive function and its structure shall be governed by the principles of alternation, democratic participation, inclusion and pluralism;

That, it available transient sixth of the Constitution of the Republic, has that them tips national of it childhood adolescence, disabilities, women, peoples and nationalities indigenous, Afro-Ecuadorian and Montubios, is shall constitute in tips national for it equality, for what put in place its structure and functions to the Constitution;

That, in accordance with article 133 of the letter key is necessary to issue laws, among others, to regulate the Organization and functioning of the institutions created by the Constitution; and, in exercise of its constitutional powers, issued the following: law organic of the Councils national for the equality chapter I object, scope, purposes, nature and principles of the national councils for the equality article 1-object. This law is to establish the institutional and regulatory framework of the national councils for equality, regulate their purpose, nature, principles, integration and functions in accordance with the Constitution of the Republic of Ecuador.

Article 2-Scope. This law is enforceable at all levels of Government for the organs, bodies and institutions guiding and implementing of public policies, the specialized organizations for equality, protection and guarantee of rights, and those that are part of the national councils for equality.

Article 3-Purposes. Them tips national for the equality, will have them following purposes: 1. ensure the full force and the exercise of them rights enshrined in the Constitution and in them instruments international of rights human.

2. promote, promote, protect and ensure respect for the right to equality and non-discrimination of persons, communities, communities, peoples and nationalities and groups, within the framework of its powers and the scope of their powers, in order to strengthen national unity in diversity and the construction of the multinational and Intercultural State.

3 participate in the formulation, mainstreaming, enforcement, monitoring and evaluation of public policies in favour of people, communities, communities, peoples and nationalities and groups, within the scope of their competencies related to the themes of gender, ethnic, generational, cross-cultural, disability and human mobility, fostering a culture of peace which develop human capacities geared towards the guarantee of the right to equality and non-discrimination; measures of action affirmative that they favor equality between people, communities, communities, peoples and nationalities and groups; and the eradication of acts, uses, practices, customs and stereotypes deemed discriminatory.

Article 4.-Nature. The national councils for equality are bodies governed by public law, with legal personality. They are part of the Executive function, with powers at the national level and autonomy, administrative, technical, operational and financial; and they will not require decentralized structures or institutions affiliated to the exercise of its powers and functions.

Article 5-Guiding principles. The national councils for equality shall be governed by the following principles: 1. equal 2. Alternate 3. Democratic participation 4. Including 5. Interculturality 6. Pluralism chapter II integration, designation, selection, organization and functions of the national councils for equality article 6.-tips national equality. National councils for equality are: 1. gender 2. Intergenerational 3. Peoples and nationalities 4. Disabilities 5. Human mobility 4 - second supplement - official record No. 283 - Monday, July 7, 2014 article 7.-integration. The national councils for equality will be equally formed by counselors and advisors, the functions of the State and civil society representatives. Each National Council for equality will be integrated by ten (10) directors in total, each with its corresponding alternate, according to that which determines the regulation of this law, will last four years they may be reelected only once, will be presided over by the representative designated by the President of the Republic to the effect who will have the casting vote.

Article 8.-the process of selection and appointment of the directors of Civil society. For the selection of the representatives of civil society, the Council of citizen participation and Social Control will convene public contest of merits.

To participate is required be subject recipient of public policy in accordance with the themes of gender, ethnic, generational, cross-cultural, disabilities and human mobility of the Council to which it is applied. Candidates can count on the support of one or more social organizations.

They shall be designated as representatives of civil society before the national councils for equality, the or the applicants better scored according to the number of members of each Council and in accordance with the requirements and criteria set out in the respective rules of procedure, which apply to affirmative action, as well as the principles of parity and alternation.

Article 9.-Functions. To exercise powers in the formulation, mainstreaming, enforcement, monitoring and evaluation of public policies related to gender, ethnic, generational, cross-cultural issues, disabilities and human mobility, national councils for equality shall have the following functions:


1 participate in the process of formulation and evaluation of the National Plan of the good living, in coordination with the planning institutions of the Executive Body to mainstream approaches to equality and non-discrimination.

2 form and convene in the scope of their powers, advisory councils for the fulfilment of its purposes.

3 inform the competent institutions cases of threat or violation of rights and follow-up of complaints and of necessary, request through the Ombudsman approach to measures interim before the judges and judges of constitutional guarantees.

4. create and institutionalize a system of management for information on equality and non-discrimination.

5 build in a participatory manner with advisory councils and citizenship, the Agendas for equality in the sphere of its competence, in order to be integrated into the national planning system.

6 know and approve Agendas for equality and other reports arising from the technical secretariat.

7. develop mechanisms for coordination with guiding and executing public policy institutions and the specialized agencies for the guarantee and protection of rights at all levels of Government.

8. develop them reports of State, in coordination with them others instances responsible for before them agencies that perform follow-up of the application of them recommendations of them instruments international of rights human in the field of their competencies.

9. them tips national for the equality, established and will make the follow-up and the evaluation of the political of action affirmative. To this end, they will develop indicators and other monitoring tools that allow to evaluate the progress obtained in the achievement of their objectives of equality.

10. the others that establish this law and its regulations.

Chapter III of the Secretaries article 10.-management techniques. The management of them tips national for the equality provided in the present law, is exerts through the respective Secretariat technical.

Article 11.-Designation of the or the technical secretaries. The or the Secretaries technical of the tips national equality shall be appointed by the President of the respective Council, out of her womb, will be of free appointment and removal, must possess third level of higher education. The or the Technical Secretary shall serve the legal, judicial and extra-judicial representation of the national councils for equality.

Article 12-Duties and functions of the or the technical secretaries. The or the technical secretaries will be among other duties and functions as follows: 1. prepare the proposal for a national Agenda for equality, under an approach of citizen participation for knowledge and approval of the National Council for the corresponding equality.

2 carry out analyses and studies that contribute to the integrity of sectoral public policies, for thematic transverzalizar of gender, interculturality, intergeneracionalidad, disabilities and human mobility.

3. design methodologies, indicators, systems and others tools necessary for the observance of the second supplement-registration official No. 283-Monday 7 of July of 2014-5 political public, plans, programs and projects in the field of its competition with the purpose of meet their powers constitutional.

4 draw up annual reports for management, compliance and evaluation of its powers, with an indication of the State of affairs based on the themes of each Council. The reports will contain recommendations which must be notified to the institutions involved immediately.

5. direct the management administrative, financial and technical of them tips national for the equality.

6. maintain permanent coordination with the other technical secretaries of the national councils for equality, to ensure the intersectorality of management.

7. develop territorial and inter-sectorial coordination mechanisms.

8. the other functions placed upon this Act and the regulations.

Chapter IV of the mechanisms of coordination with the system of planning article 13.-Agendas for equality. Them Agendas for the equality are instruments that contain them proposed of political public of each Council national for the equality, will be discussed and consensus in them tips sectoral of it political, for its joint with it political sectoral and later execution from them ministries of State and others agencies competent.

The national councils for equality, in coordination with the institution of the Executive function planning, will elaborate methodological instructions for the formulation, monitoring and evaluation of equality Agendas related to themes of gender, ethnic, intergenerational, intercultural, disability and human mobility, in accordance with the Constitution, treaties and international instruments and the law.

TRANSITIONAL provisions first.-until new members of the Board of equality of gender, integrate intergenerational, of disabilities and peoples and nationalities will continue acting members of the transition Committee for the definition of the public institutionalization, which guarantees equality between men and women, National Council of childhood and adolescence, National Council for disabilities , Council of development of nationalities and peoples of Ecuador, Development Corporation, Afro and Council of development of the village Montubio of the Costa Ecuatoriana and subtropical areas of the coastal Region, respectively. The same will happen with those who exercise the legal representation of these entities.

Second.-of applications and procedures. Requests and other requests submitted before the entry into force of this law, to the National Council for childhood and adolescence, the Development Council of the peoples and nationalities of the Ecuador, the Afro-Ecuadorian people Development Corporation, the Council of development of the village Montubio of the Costa Ecuatoriana and subtropical areas of the coastal Region, the National Council of disabilities and transition Committee for the definition of public institutions which guarantee equality between Men and women, will be processed and will be concluded in accordance with the law in force at the time of its presentation. In addition, administrative procedures initiated or pending, will be processed and will be concluded in accordance with the law in force at the time of its presentation.

These entities should also the inventory of physical and digital documentation and deliver properly ordered and organized archive.

Third.-of assets and liabilities. Assets and liabilities, as well as institutional information of the National Council of childhood and adolescence, the Development Council of the peoples and nationalities of Ecuador, of the Corporation's development of the village for Afro, of the Council of development of the village Montubio de la Costa Ecuatoriana and subtropical zones of the Region Coast, of the National Council of disabilities and transition Committee for the definition of the public institutions that guarantee equality between men and women; prior inventory they will become part of the institutional heritage of the respective national councils for equality.

Fourth.-of workers and civil servants. Workers and the civil servants that the date of issuance of this law, which in any manner or degree to work or provide services in councils mentioned in the previous provision, they can advance to form part of the corresponding national councils for equality that are created under this Act; following evaluation, qualification, selection and determination of the institutional requirements.

Unnecessary charges apply will apply the process established for the cases of definitive ceasefire in accordance with the organic law of public service.

Fifth.-of the obligations. From the entry into force of this law the National Council of childhood and adolescence, the Development Council of the peoples and nationalities of Ecuador, the Afro-Ecuadorian people Development Corporation, the Council of development of the village Montubio de la Costa Ecuatoriana and subtropical areas of the coastal Region, the National Council of disabilities and transition Committee for the definition of the public institutions that guarantee equality between men and women they may not incur new obligations, except for those which are strictly necessary for the implementation of the transition process and the indispensable to support the implementation of those plans, programmes and projects that are in effect at the date of issue of this law.

6 - Second supplement - official record No. 283 - Monday, July 7, 2014


Sixth.-background for development of the nationalities and indigenous peoples of the Ecuador. Financial resources, infrastructure, the real and personal property of the Fund for development of the nationalities and indigenous peoples of the Ecuador will become part of the national solidarity and popular Finance Corporation, established in the organic law of the people's economy and solidarity, strengthening and expanding the coverage of the second floor for the nationalities and indigenous peoples banking services , Afro-Ecuadorians and montubios. He resource human that currently provides its services in the background of development of them nationalities and peoples indigenous of the Ecuador, may pass to the Corporation national of finance popular and solidarity, prior evaluation and rating from the Ministry of relations labour and of conformity with them requirements institutional.

Unnecessary charges apply will apply the process established for the cases of definitive ceasefire in accordance with the organic law of public service.

Seventh.-the selection of representatives of the society Civil. Within a maximum period of one hundred and eighty days from the enactment of this Act, the Council of citizen participation and Social Control shall draw up the rules and will select the or the representatives of civil society to integrate the national councils for equality.

Eighth.-registration of communities, communities, peoples and nationalities. Within a maximum period of one hundred and eighty days from the enactment of this law, the National Secretariat of management of the policy will create and will lead them to believe in the Ecuadorian territory and all communities, communities, peoples and nationalities existing records.

Ninth.-the system of promotion and protection of rights. Within the period of one hundred and eighty days from the publication of this law in the Official Gazette, the Office of the Ombudsman shall submit to the National Assembly a proposal of law that establish and structure the system of promotion and protection of rights.

Tenth.-from the tips cantonal of protection of rights. To the enactment of this Act in the case of those cantons which had not created the cantonal councils for the protection of rights, the cantonal councils of children and adolescents, become cantonal councils for the protection of rights and fulfill the functions set out in Article 598 of the organic code of Territorial Planning, autonomy and decentralization. For staff of the cantonal councils of children and adolescents may evaluation, be part of the Cantonal Council for the protection of rights.

REFORMATORIAS provisions first.-in articles 47, point (b); 9, 15, 43 added after article 125; 170 subsection end, 183, 188, 195, 300 and 388 of the code of the childhood and adolescence replace is the phrase “Consejo national of the childhood and Adolescencia” by “Ministerio charge of them Affairs of inclusion economic and social”, in its quality of guiding of the political public of protection social integral.

Second.-in article 48 of the code of childhood and adolescence, replace the last paragraph with the following: "municipalities will give public entertainment regulations; While the Board of regulation of development of information and communication will issue regulations on radio and television and use of games and electronic or computer-based programs.

For the same reason, in article 104 of the Basic Law of communication replaced the phrase "The Council national of childhood and adolescence" by the phrase "The municipalities".

Third.-in article 82, third subparagraph, article 87 last paragraph, article 93, fourth paragraph of the code of childhood and adolescence replaced the phrase "Council national of childhood and adolescence" by "Ministry in charge of labour relations".

Fourth.-the Ministry of labour relations will assume the jurisdiction of article 95, paragraph 4 of the code of childhood and adolescence.

Fifth.-replace the first subparagraph of article 170 of the code of childhood and adolescence with the following: “Los family allocation committees will be composed of three appointed members; two by the Ministry responsible of them matters of inclusion economic and social and one by the Government municipal where have jurisdiction each comite”.

"Sixth-replaced the national “Consejo phrase in article 203 of the code of childhood and adolescence" by “Ministerio, responsible for matters of economic inclusion and social”.

Seventh.-Article 212 of the code on children and adolescents be replaced by the following: “Art. 212.-registration of care entities. The entities of attention must request the registration to the Ministry respective, for what will present the program of attention, its financing and them others documents that is pointing in the regulation. The registration of care entities will have a validity of two years, renewable indefinitely. In cases of refusal of registration or the registration of a program, the affected entity may resort to the Ministry responsible for matters of social and economic inclusion against whose decision there will be no recourse. The entity's attention may return to submit an application for registration or registration of a program, when it is over the reasons why he was denied. He Ministry responsible of them Affairs of inclusion economic and social may revoke in any time, through resolution motivated in them terms that requires the Constitution of the Republic, the record of it entity or it registration of the program, when not met them purposes authorized or consider that somehow threaten or violate them rights of them children, girls and teenage. "eighth.-replace is in the article 60 (, literal m); "(y, artículo 90, los literales m) and x) second supplement organic code - Registro Oficial Nº 283 - Monday 7 July 2014 - 7 Territorial Organization, autonomy and decentralization, the phrase cantonal “Consejos for equality and equity" by “Consejos Cantonales Derechos” protection.

REPEALING provisions first.-repeal of the law organic of the institutions public of the peoples indigenous peoples of Ecuador, law No. 86, published in official register no. 175 on September 21, 2007, which created the Council of development of nationalities and indigenous peoples of the Ecuador; the National Secretariat of Intercultural health of nationalities and indigenous peoples of the Ecuador; and the Fund for development of the nationalities and indigenous peoples of the Ecuador.

Second.-repeal of the law of the collective rights of the Black peoples or Afro-Ecuadorians, posted in the official record 275 of 22 May 2006; Executive N ° 244, published in the Official Gazette Decree No. 48 of the 28 June 2005; as well as also the Decree Executive No. 279, published in official register no. 73 of 27 April 2007, which was the of development of the Afro CODAE and CODAE transition moved to CONDAE; respectively. Tercera.-repeal of article 194, article 195, the literal b), c), d), e), f), l), m), n), or), p), q), r), s), t), u), article 196, 197, 198, 199, 200, 201, 202, 203, 204, 298, 299, 300, 301, 302, 303, 304 of the code on children and adolescents.

Fourth.-repeal is those articles 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 of the law of the youth, posted in the registration official not. 439 of 24 of October of 2001.

Fifth.-repeal is those articles 89, 90, 91, 92, 93, 94, 95, 96, 97, 98 and 99 of the chapter I of the title III, of the law organic of disabilities, posted in the register official supplement 796 of the 25 of September of 2012.

Sixth.-repeal is all the standards legal that is opposed to it provided in this law.

PROVISIONS late first-it or the President of the Republic will dictate the regulation for the application of the present law.

Second: the present law shall enter into force following its publication in the official register.

Given and signed, at the headquarters of the National Assembly located in the Metropolitan District of Quito, Pichincha province, on the first day of the month of July of two thousand fourteen.

f.) GABRIELA RIVADENEIRA BURBANO, President.

f.) Dr. Libya RIVAS ORDOÑEZ, Secretary General.

Government autonomous decentralized of CANTON FLAVIO ALFARO whereas: In accordance with the provisions of article 14 and paragraph 27 of article 66 of the Constitution of the Republic of Ecuador, recognize and guarantee people the right to live in a healthy and ecologically balanced environment free of contamination and in harmony with nature.

Article 240 of the Constitution of the Republic of Ecuador to confer to the decentralized autonomous governments legislative powers in the field of their competencies and territorial jurisdictions;

The paragraph 2 of article 264 of the Constitution of the Republic of Ecuador to confer to the decentralized autonomous governments the exclusive competence to exercise control over the use and occupation of the soil in the Canton;

That article 274 of the Constitution of the Republic of Ecuador establishes to the decentralized autonomous governments on whose territory are exploited or refine non-renewable natural resources are entitled to participate in the incomes perceived status by this activity in accordance with the law;


In the first chapter of the Constitution of the Republic of Ecuador Art. 425 establishes the hierarchical order of application of the rules in the following way: the Constitution; treaties and international agreements; the organic laws; the ordinary laws; regional standards and the district Ordinances; those decrees and regulations; Ordinances; agreements and resolutions and other acts and decisions of public authorities.

That in the chapter room article 283 of the Constitution of the Republic of the Ecuador establishes that the system economic is social and solidarity; It recognizes the human being as subject and purpose; It tends to a dynamic and balanced relationship between society, State and market, in harmony with nature; and aims to ensure the production and reproduction of material and immaterial conditions enabling good live.

It system economic is integrated by them forms of organization economic public, private, mixed, popular and solidarity, and the others that the Constitution determine. The economy popular and solidarity are regulated in accordance with the law.

Chapter fourth article 284 of the Constitution of the Republic of Ecuador provides that economic policy will be among other objectives ensure adequate distribution of income and national wealth.

That article 301 of the Constitution of the Republic of Ecuador establishes that only by legislative act of competent authority be able establish, modify, exonerate and extinction rates and contributions;