Progresividad de derechos y soberanía popular: análisis del reconocimiento judicial del matrimonio igualitario en Ecuador

Abstract

This study analyzes how judicial decisions have contributed to the expansion of human rights in Ecuador, with particular emphasis on the recognition of same-sex marriage. It is based on the precedent set by the Constitutional Court, which, relying on international human rights instruments—especially Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights—ruled that same-sex marriage must be guaranteed by prioritizing the principle of progressivity of rights over a traditional conception of popular sovereignty. This approach has sparked legal and political debates regarding the democratic legitimacy of such rulings, as some sectors argue that these changes should arise from the legislature or through mechanisms of direct democracy. Using a qualitative methodology grounded in doctrinal, jurisprudential, and normative analysis, the research aims to highlight how these tensions are reshaping the boundaries between judicial functions and popular will. The study concludes that the judicial recognition of same-sex marriage has had significant impacts, exposing gaps in national legal doctrine and revealing the need to rethink the balance between the progressivity of rights and popular sovereignty within Ecuador's democratic context.