Last Change:
05/14/2025
Constitution of the Republic of Ecuador 2008, as amended to 2021
Year: 2008
Type: Domestic law
Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
Description
Ecuador's Constitution stipulates that foreign nationals enjoy the same rights and duties as Ecuadorians, in line with both national law and international obligations. The right to asylum is recognized, with Article 41 :" The right to asylum is guaranteed in Ecuador. The State recognizes and guarantees the protection of persons who are persecuted for political reasons, and they shall be granted asylum in accordance with the Constitution, laws, and international human rights instruments."
Selected provisions
The following persons are Ecuadorians by naturalization:
Those who obtain the naturalization card.
Under-age foreigners adopted by a female or male Ecuadorian, who shall keep their Ecuadorian nationality as long as they do not express their wish to the contrary.
Those born abroad of a mother or father who is Ecuadorian by naturalization, while they are minors, shall keep their Ecuadorian nationality, as long as they do not express their wish to the contrary.
Those who marry, or have a common-law marriage with, an Ecuadorian female or male, in accordance with the law.
Those who obtain Ecuadorian nationality for having provided important services to the country on the basis of their talent or individual effort.
Those who acquire the Ecuadorian nationality shall not be obligated to forfeit their nationality of origin.
Ecuadorian nationality acquired by naturalization shall be forfeited by express renunciation.
Their rights to asylum and sanctuary are recognized, in accordance with the law and international human rights instruments. Persons who have been granted asylum or sanctuary shall benefit from special protection guaranteeing the full exercise of their rights. The State shall respect and guarantee the principle of non-return, in addition to humanitarian and legal emergency assistance.
Persons requesting asylum or sanctuary shall not be penalized or prosecuted for having entered the country or for remaining in a situation of irregularity.
The State, in exceptional cases and when the circumstances justify it, shall recognize the refugee status of collective group, in accordance with the law.