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Article 61 states:
Ecuadorians benefit from the following rights: …
- (7) To hold and discharge public office and duties on the basis of merits and capacities and in a transparent, inclusive, equitable, pluralistic and democratic selection and designation system that guarantees their participation, on the basis of criteria of gender equity and parity, equal opportunities for persons with disabilities, and intergenerational participation…
Article 62 states:
The persons in possession of political rights have the right to equal, direct, secret and publicly scrutinized universal suffrage, in conformity with the following provisions:
- (1) Voting shall be mandatory for persons over eighteen years of age. Detained persons who have not been convicted and sentenced shall exercise their right to vote.
- (2) Voting shall be optional for persons between sixteen and eighteen years of age, elderly persons over sixty-five years of age, Ecuadorians who live abroad, members of the Armed Forces and National Police Force, and persons with disabilities.
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Article 120 states:
The National Assembly shall have the following attributions and duties, in addition to those provided for by law:…
- (2) To declare disempowering physical or mental disability preventing the President of the Republic from fulfilling his/her duties and to decide their termination of office in accordance with the provisions of the Constitution...
Article 142 states:
The President of the Republic shall be…in possession of his/her political rights, and not subject to any of the disqualifications or prohibitions provided for by the Constitution.
Article 145 states:
The President of the Republic shall cease to perform his/her duties and shall leave office in the following cases:…
- (4) Permanent physical or mental disability preventing him/her from performing his/her duties, as certified in accordance with the law by a committee of specialized physicians and so declared by the National Assembly with the votes of two thirds of its members…
Article 146 states:
In the event of a temporary absence from the Office of the President of the Republic, the President shall be replaced by the person holding the office of Vice-President. A temporary absence shall be understood as the result of illness or other force majeure circumstance that prevents the performance of duties for a maximum period of three months or the leave of absence granted by the National Assembly. In the event of the definitive absence of the President of the Republic, the person holding the office of Vice-President shall replace the President for time remaining to complete the corresponding presidential term of office. In the event of a simultaneous and definitive absence of the President and Vice-President of the Republic, the President of the National Assembly shall temporarily take on the office of President, and within forty-eight (48) hours, the National Electoral Council shall convene an election for these offices. Those who are elected shall perform their respective duties until the term of office has expired. If there is one year or less before expiry of the term of office, the President of the National Assembly shall take the office of the President of the Republic for what remains of the term of office.
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Article 11, clause 2 states:
All persons are equal and shall enjoy the same rights, duties and opportunities. No one shall be discriminated against for reasons of…disability…which might be aimed at or result in the diminishment or annulment of recognition, enjoyment or exercise of rights. All forms of discrimination are punishable by law.
Article 16 states:
All persons, individually or collectively, have the right to:…
- (4) access and use of all forms of visual, auditory, sensory and other communication that make it possible to include persons with disabilities…
Article 47 states:
The State shall guarantee disability prevention policies and, along with society and the family, it shall ensure equal opportunities for persons with disabilities and their social integration. Persons with disabilities are recognized the following rights:
- (1) Specialized attention in public and private entities that provide healthcare services for their specific needs, which shall include the free provision of medicines, especially for those persons that require lifetime treatment.
- (2) Integral rehabilitation and permanent assistance, which shall include the corresponding technical aids.
- (3) Discounts for public services and for private transportation services and entertainment.
- (4) Tax exemptions.
- (5) Work in conditions of equal opportunity that foster their capabilities and potential by means of policies that permit their incorporation into public and private entities.
- (6) Adequate housing, with facilities for access and the conditions needed to address their disability and to achieve the highest possible degree of autonomy in their daily life. Persons with disabilities who cannot be cared for by their relatives during the day or who have no permanent place to live shall have welcoming centers for their shelter.
- (7) An education that develops their potential and skills for their integration and participation in equal conditions. Their education in the regular education system shall be guaranteed. Regular establishments shall incorporate a differentiated treatment and those establishments for special care shall incorporate specialized education. Schools shall comply with standards of accessibility for persons with disabilities and shall implement a scholarship system that in line with the economic conditions of this group.
- (8) Specialized education for persons with intellectual disabilities and promoting their capabilities by the establishment of specific education centers and teaching programs.
- (9) Free psychological care for persons with disabilities and their families, in particular in the case of intellectual disabilities.
- (10) Adequate access to all goods and services. Architectural barriers shall be eliminated.
- (11) Access to alternative communication mechanisms, media and forms, among which sign language for deaf persons, oralism and the Braille system.
Article 48 states:
The State shall adopt for the benefit of persons with disabilities measures that ensure:
- (1) Social inclusion, by means of coordinated state and private plans and programs that promote their political, social, educational, and economic participation.
- (2) Obtaining tax credits and discounts or exemptions that enable them to start up and keep productive activities and obtaining study scholarships at all levels of education.
- (3) The development of programs and policies aimed at promoting their leisure and rest.
- (4) Political participation, which shall ensure that they are duly represented, in accordance with the law.
- (5) The establishment of specialized programs for the integral care of persons with severe and deep disabilities, in order to achieve the maximum development of their personality, the promotion of their autonomy and the reduction of their dependence.
- (6) Incentive and support for production projects for the benefit of the relatives of persons with severe disabilities.
- (7) Guaranteeing the full exercise of the rights of persons with disabilities. Abandonment of these persons is punishable by law and any action leading to any kind of abuse, inhuman and degrading treatment and discrimination because of their disability shall be punishable by law.
Article 49 states:
The persons and families who provide care to persons with disabilities and who require permanent attention shall be covered by the Social Security and shall receive periodic training to improve the quality of care.
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Article 120 states:
The National Assembly shall have the following attributions and duties, in addition to those provided for by law:…
- (2) To declare disempowering physical or mental disability preventing the President of the Republic from fulfilling his/her duties and to decide their termination of office in accordance with the provisions of the Constitution...
Article 142 states:
The President of the Republic shall be…in possession of his/her political rights, and not subject to any of the disqualifications or prohibitions provided for by the Constitution.
Article 145 states:
The President of the Republic shall cease to perform his/her duties and shall leave office in the following cases:…
- (4) Permanent physical or mental disability preventing him/her from performing his/her duties, as certified in accordance with the law by a committee of specialized physicians and so declared by the National Assembly with the votes of two thirds of its members…
Article 146 states:
In the event of a temporary absence from the Office of the President of the Republic, the President shall be replaced by the person holding the office of Vice-President. A temporary absence shall be understood as the result of illness or other force majeure circumstance that prevents the performance of duties for a maximum period of three months or the leave of absence granted by the National Assembly. In the event of the definitive absence of the President of the Republic, the person holding the office of Vice-President shall replace the President for time remaining to complete the corresponding presidential term of office. In the event of a simultaneous and definitive absence of the President and Vice-President of the Republic, the President of the National Assembly shall temporarily take on the office of President, and within forty-eight (48) hours, the National Electoral Council shall convene an election for these offices. Those who are elected shall perform their respective duties until the term of office has expired. If there is one year or less before expiry of the term of office, the President of the National Assembly shall take the office of the President of the Republic for what remains of the term of office.
