The Right to Migrate with an Emphasis on Enhanced Protection for Children and Adolescents: An Approach from the Constitutional Court of Ecuador, 2019-2024
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Abstract
This article examines the regulation and legal application of the right to migrate, with emphasis on the enhanced protection of migrant children and adolescents. Based on a review of six judgments issued by the Constitutional Court of Ecuador between 2019 and 2024, the findings show that this right is supported by guarantees for its protection, not only regarding entry, residence, and transit. In line with the Court’s jurisprudence, the right to migrate also extends to the material conditions required for family reunification, access to basic services, protection, health, care, non-refoulement, and the integrity of children and adolescents. From this perspective, the State must protect migrants as rights holders, rather than sanction and control them on the basis of their irregular migration status. Structural, administrative, bureaucratic, and institutional factors hinder the effective exercise of this right.
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Copyright (c) 2026 Mariuxi Estefanía Granda Granda, Leidy Carolina Dorado Bravo
CC BY-NC-SA. This license allows sharing, copying, distributing, performing, and publicly communicating the work, as well as creating derivative works.
Author Biographies
Mariuxi Estefanía Granda Granda (Instituto de Altos Estudios Nacionales)
She holds a Doctor of Law degree, summa cum laude, from Austral University (Argentina), where she also earned a Master’s degree in Administrative Law and a certificate in Theory of Law and Legal Argumentation. She is a licensed attorney in the courts of Ecuador, having received her license from UDLA–UMET. Her research focuses on administrative, constitutional, environmental, and digital law, as well as public policy. She is a member of the Argentine Association of Administrative Law and the Argentine Federation of Administrative Law. She has served as a visiting professor at institutions such as the Catholic University of Santiago de Guayaquil, the Espíritu Santo University of Specialized Studies, and Casa Grande University.
Leidy Carolina Dorado Bravo (Corte Constitucional del Ecuador)
She holds a law degree from the University of Cauca (Colombia) and a Master’s degree in Law from the Simón Bolívar Andean University (Ecuador). She has conducted legal research and taught at the university level, and currently works in the field of constitutional jurisdiction. She is the author of academic publications on human rights, transitional justice, and legal theory. Her research focuses on constitutional law, general legal theory, and environmental law.

