Legal Reflections on the Ecuadorian Block of Constitutionality in Light of Judgment No. 11-18-CN/19: Same-Sex Marriage

Abstract

This bibliographic review article analyzes the Ecuadorian constitutionality block with its nuances and mutations as a result of the Constitutional Court ́s No. 11-18-CN / 19 sentence, knowing that its hermeneutical exercise has been imperative to throw lights on certain institutions that are not explicitly part of the Ecuadorian constitutional text, but do so implicitly by mandate of itself. The purpose of the investigation is to clarify the nature of the Advisory Opinions of the Inter-American Court of Human Rights in Ecuador, for which both a normative -which covers both international and domestic legislation- and doctrinaire study regarding the issue in question is carried out. The article also studies and criticizes the central arguments of the sentence in order to take a position capable of faithfully reflecting all the doctrinal and jurisprudential contributions that have been forged in the matter. In conclusion, we can note that the advisory opinions are binding on the Ecuadorian State because the Convention is not only what it literally establishes in its text, but also what the Court deduces from it; In other words, the Court is the authentic and binding interpreter of the conventio-nal instrument; in that sense it is not applicable only to the consulting State of the Advisory Opinion, but to all the States that are part of the inter-American system.

Keywords: Advisory opinion, constitutionality block, conventionality control, international instrument, human rights