Precautionary Guarantees of the Right to Work for People with Catastrophic, Terminal, and Rare Diseases in Ecuador

Abstract

In Ecuador, catastrophic diseases are recognized within the Constitution as part of the Priority Care Groups, ensuring specialized care in both the public and private sectors for affected individuals. The aim is to protect the right to health and work comprehensively. However, the labor situation in Ecuador poses challenges. While the unemployment rate has decreased, there has been an increase in informal employment and non-full-time jobs. Currently, there is no legal instrument that explicitly links the right to work with the condition of individuals with catastrophic diseases. This study was conducted in Guayaquil, Ecuador, with the general objective of proposing modifications to the current regulations to safeguard the right to work for people with catastrophic diseases in Ecuador. The research analyzed existing regulations, judicial precedents, and international recommendations related to the right to work for individuals with catastrophic diseases. It explored the implementation of existing mechanisms and identified possible gaps in realizing this right for this group. Through expert criteria and assessment instruments, the research yielded results confirming the identified problem, allowing for the establishment of a proposal for reforms to the Labor Code.