Spanish
The Ecuadorian Constitutional Court is asked to review the constitutionality of the article 24 to 31 of the organic law establishing a special regime for the conservation and the sustainable development of the province of the Galapagos.
Opponents to this law considered that its provisions are not in line with the preamble of the constitution because they include limitations to the freedom of movement and the right to work in the province of the Galapagos. Those restrictive measures are motivated by the protection of the environment. They also state that this situation would infringe the principle of equality before the law, and finally pointed out that the fact that the law gave specific powers to the Galapagos province undermines national unity.
The court considered that the limitation to individual rights were proportional to the necessity to have a specific legal framework adapted to the needs of the specific needs of the Galapagos with regards to environmental protection. The court recalled that the right of the nature to be protected is a constitutional rights and therefore legitimate specific regional measures and power delegations.
Thus, the court held the organic law establishing a special regime for the conservation and the sustainable development of the province of the Galapagos to be in line with the constitution.