Privacy Rights/History/Country sources/Ecuador: Difference between revisions
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|questionHeading=What is the oldest written source in this country that mentions this right? | |questionHeading=What is the oldest written source in this country that mentions this right? | ||
|breakout=Ecuador | |||
|pageLevel=Breakout | |pageLevel=Breakout | ||
| | |contents=Article 65 of the 1830 Constitution protected the inviolability of the home: "The house of a citizen is inviolable -therefore cannot be broken into except in cases and requirements prevented by law." | ||
The 1869 Constitution defended the right of inviolability of the home in similar terms in Article 105, and asserted protection of the privacy of correspondence in Article 107: "Epistolary correspondence is inviolable. Papers or goods belonging to private persons cannot be opened, intercepted, or examined, excepting in the cases specified by the law." | |||
The 1897 Constitution offered a similar defense of privacy of correspondence, but applied the guarantee more broadly: "Epistolary and telegraphic correspondence is inviolable, and may not be made use of in trials for political offences. It is | |||
forbidden to intercept, open, or register papers or effects which are private property, except in the cases indicated by law." | |||
Article 11(3) of the 2008 Constitution enforces and protects the rights put forth by the constitution and international treaties: “The rights and guarantees set forth in the Constitution and in international human rights instruments shall be directly and immediately enforced by and before any civil, administrative or judicial servant, either by virtue of their office or at the request of the party”. In Chapter 6, Rights to Freedom, Article 66, Sections 11 and 19-22 set out more specific privacy regulations in terms of convictions, correspondence, the home, personal data, and privacy rights (Constitute Project, “Ecuador [[Probable year:: 2008]] rev. [[Probable year:: 2021]]). | |||
References: | |||
1830 Constitution of Ecuador: English translation of the original Constitution of 1830. 15 (2017) Part VIII: Civil Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0081&id=15&men_tab=srchresults | |||
https:// | 1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults | ||
1878 Constitution of Ecuador: Spanish text of the constitution of 1878 414 (2017) Section III: Guarantees | |||
https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0056&id=1&men_tab=srchresults | |||
2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en. | |||
}} | }} | ||
Latest revision as of 21:50, 5 May 2024
What is the oldest written source in this country that mentions this right?
Ecuador
Article 65 of the 1830 Constitution protected the inviolability of the home: "The house of a citizen is inviolable -therefore cannot be broken into except in cases and requirements prevented by law."
The 1869 Constitution defended the right of inviolability of the home in similar terms in Article 105, and asserted protection of the privacy of correspondence in Article 107: "Epistolary correspondence is inviolable. Papers or goods belonging to private persons cannot be opened, intercepted, or examined, excepting in the cases specified by the law."
The 1897 Constitution offered a similar defense of privacy of correspondence, but applied the guarantee more broadly: "Epistolary and telegraphic correspondence is inviolable, and may not be made use of in trials for political offences. It is forbidden to intercept, open, or register papers or effects which are private property, except in the cases indicated by law."
Article 11(3) of the 2008 Constitution enforces and protects the rights put forth by the constitution and international treaties: “The rights and guarantees set forth in the Constitution and in international human rights instruments shall be directly and immediately enforced by and before any civil, administrative or judicial servant, either by virtue of their office or at the request of the party”. In Chapter 6, Rights to Freedom, Article 66, Sections 11 and 19-22 set out more specific privacy regulations in terms of convictions, correspondence, the home, personal data, and privacy rights (Constitute Project, “Ecuador 2008 rev. 2021).
References:
1830 Constitution of Ecuador: English translation of the original Constitution of 1830. 15 (2017) Part VIII: Civil Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0081&id=15&men_tab=srchresults
1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults
1878 Constitution of Ecuador: Spanish text of the constitution of 1878 414 (2017) Section III: Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0056&id=1&men_tab=srchresults
2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en.