Abstract

HERRERA-VILCA, Jenifer Lizeth; QUINTANA-CIFUENTES, Marco Vinicio  and  BENAVIDES-SALAZAR, Cristian Fernando. Legal effects of advisory opinions of the Inter-American Court of Human Rights, Ecuador. Noesis [online]. 2025, vol.7, n.esp1, pp.1455-1469.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.503.

In Ecuador, following the adoption of neoconstitutionalism and the 2008 Constitution, new legal approaches were consolidated, such as the recognition of the constitutionality of international instruments and the incorporation of advisory opinions from the Inter-American Court of Human Rights. The Constitutional Court, as the highest body of constitutional interpretation and control, has established precedents on the binding force of these opinions through conventionality control, provided that they guarantee the full exercise of the rights recognized in the Constitution and in international treaties. The objective of this research was to determine the legal effects of the advisory opinions of the Inter-American Court on Ecuadorian constitutional law during 2019 and 2020. Based on the analysis of doctrines, case law, and interviews with judicial officials, it is concluded that the application of these opinions does not violate the constitutional block, provided that it effectively contributes to the protection and full realization of fundamental rights.

Keywords : Inter-American Court of Human Rights; constitutional block; advisory opinions; conventionality control; binding force..

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