Abstract

MILA MALDONADO, FRANK LUIS; SUBIA CABRERA, ANDREA CAROLINA  and  CIFUENTES RUIZ, DANNY GILBERTO. The Traffic and Trafficking in Persons from the Pluralist Conception of the Ecuadorian State: Special Reference to the Kichwa Otavalo People. Rev. Derecho Estado [online]. 2022, n.52, pp.333-364.  Epub Jan 25, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n52.11.

This research work is based on an analysis of trafficking and human trafficking from the pluralist conception of the Ecuadorian State, with special reference to the Kichwa Otavalo people. In such, it was analyzed what is related to the new constitutional regime of human mobility, in accordance with all the rights and principles that exalt human dignity in all mobility issues. In the same way, the legal scope of the plurinational State and the different manifestations of behaviors registered in the phenomena of trafficking and human trafficking in the Kichwa Otavalo context will be extended. Finally, the existing problem in the Ecuadorian State was addressed, related to the manifestation of various behaviors typical of customs, practices and uses of the various communities that erect legal pluralism, which can correspond to human trafficking and trafficking behaviors. However, from a pluralist perspective, in the aforementioned communities they are accepted, but not recognized as part of their culture. In such, an analysis of the aforementioned problem is carried out, considering the universal treatment meaning benefit to trafficking and human trafficking as practices contrary to human rights, however, preserving the national reality of the Ecuadorian Plurinational State, from the perspective of two cases concrete cases known by both ordinary justice and indigenous justice.

Keywords : Trafficking in human beings; migrant trafficking; migration; cultural pluralism; human mobility.

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