La situación jurídica de los maestros jubilados desde el año 2008. Vulneración del derecho a la igualdad, no discriminación y otros derechos por el retraso en el pago del beneficio jubilar

Abstract

This research work addresses the study of the legal status of retired teachers since 2008, which becomes important with the recognition of a retirement benefit under equal conditions for the entire public sector in 2010 with the implementation of the Organic Law of Public Service. This legislative fact affected previously acquired rights enshrined in the Constitution of the Republic of 2008 regarding the calculation of the economic compensation for the retirement of Ecuadorian teachers. Since then, several regulations, provisions, decrees and proposals have been made by the previous and current government, which has made it difficult to reach an agreement between the State and the teachers, since the payments for the retirements have been delayed since 2008 and there are still retired teachers who do not receive their retirement incentives. Despite the fact that the elderly belong to the priority groups in our Constitution and are considered even more so through programs by the current government, access to their right to retirement continues to be an uncertainty and therefore a violation of the rights of the elderly.