Violation of constitutional rights after the elimination of the drug use table in Ecuador

Abstract

Introduction.  A comparative analysis was carried out with countries that have also implemented the table of drug consumption within their legislation, such as Portugal, Uruguay and Spain, since these countries demonstrate that the decriminalization of consumption and the clear distinction between personal consumption and illicit trafficking are effective strategies that not only protect the constitutional rights of individuals but also protect the constitutional rights of individuals.  but also favor the promotion of public health. In addition, the suppression of the table has generated a legal vacuum that has affected the application of justice and the guarantee of constitutional rights, as there are no specific maximum amounts set by the competent authorities, subjective criteria have been used to determine whether a person is a consumer or a trafficker. Objective. The objective of this research is to investigate whether the elimination of the table of Drug Consumption in Ecuador violates constitutional rights. Its eradication has led to a violation of fundamental rights, which has led to violations of essential principles such as legal certainty, freedom to achieve comprehensive development, access to health and equality before the law. Methodology. In this work, interdisciplinary research will be carried out focused on determining the violation of rights after the repeal of the table of consumption of substances classified as subject to control, from the constitutional and human rights point of view, with a qualitative approach, enriching interdisciplinarity through the modality of applied research. Results. Once the investigation has been carried out on the elimination of the Drug Consumption Table in Ecuador violates constitutional rights, to support the research a comparative analysis has been carried out with the legislations of other countries in which the drug consumption table is handled, in addition to the legal vacuum that the elimination of the drug consumption table has generated. Conclusion.  It concludes that this decision has affected key constitutional principles, such as legal certainty, equality before the law and access to health, especially for the most vulnerable groups, such as young people and those in situations of poverty. General Area of Study: Law. Specific area of study: Constitutional law. Type of study: Original articles.