Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Free Legal Clinics as a Cooperation Mechanism for the Resolution of Internal Conflicts in Rural Parishes of Ecuador.

Author(s): Carlos Ernesto Herrera Acosta, Lorena Maria Coba Quintana, Sofia Monserrath Heredia Montes, Freddy Dario Barahona Guevara, Luis Wilson Caizaguano Guashpa

In compliance with the provisions of Convention 169 of the International Labor Organization (1989) on indigenous and tribal peoples, the Ecuadorian State, with the Political Constitution of 1998, recognizes and guarantees the application of another form of justice to resolve conflicts generated within the native communities, peoples and nationalities. With the 2008 Constitution of the Republic, it is admitted that in Ecuador there is pluralism and cultural, political and organizational diversity, which gives rise to legal pluralism, i.e., the existence of various legal and customary systems to administer justice is recognized, this constitutional and legal recognition has generated controversies and conflicts between ordinary and unworthy justice. The conflicts that currently exist between state and aboriginal justice is the reason for this study, which aims to present the theoretical and legal foundations for accepting the theory that free legal clinics are not only legal mechanisms of cooperation between indigenous and ordinary justice, but are also legal tools to ensure legal certainty and free access to justice for the inhabitants of rural parishes in Ecuador.

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