Marco Legal En El Ecuador

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Article 3(5)(a) of the Organic Code of Territorial Organisation, Autonomy and Decentralisation (COOTAD) provides: « Equal treatment means that all persons are equal and enjoy the same rights, duties and opportunities within the framework of respect for the principles of interculturality and plurinationality. equality between women and men, generations, habits and customs »; Details of each legal entity`s risk management statutes are set out in Annex I to this document. The main references of the legal framework for risk management in Ecuador, which form the basis of the response coordination structure, are contained in the following legal entities: article j) of art. 54 of COOTAD defines that the tasks of the decentralized communal autonomous government are to « implement the canton`s systems of comprehensive protection that ensure the exercise, guarantee and applicability of the rights enshrined in the Constitution and international instruments, including the formation of cantonal councils, cantonal bodies and networks for the protection of the rights of priority attention groups … »; Equality: All people will receive the same assistance and treatment when treated with humanitarian assistance, in situations of disaster and danger. The Emergency Operations Committee (EOC) manual describes the structure of the National Decentralized Risk Management System (NRDMS) to coordinate attention and response to emergencies and disasters. For each component of the contingent, a description is provided of their general and minimum functions that must be performed, which does not mean that these functions are expanded as required or broader in scope than described in this manual. Self-protection: Every natural or legal person, public or private, has a duty to take the necessary measures to reduce their exposure to and sensitivity to threats and to improve their ability to cope with and recover from emergencies and disasters. Multiculturalism: Recognizing the economic, social and cultural rights of individuals, risk management processes must respect the cultural specificities of each community and make optimal use of its cultural resources. Code of Organs for Territorial Organisation, Self-Government and Decentralisation The Handbook defines the measures to be taken by the institutions that make up the Council of Europe at national, provincial, cantonal/metropolitan level and, in case of emergency, by parish committees to carry out their functions. The members of the Committee act on behalf of their respective bodies.

Responsibility: Those who generate emergencies and / or disasters by act or omission must answer for their effects according to their degree of responsibility in accordance with the Constitution of the Republic and the regulations in force. The principles, guidelines and standards in this manual are binding at the national level for all SNDGR actors mentioned in this document. Public or social interest: In any situation of risk or disaster, the public or social interest takes precedence over the particular interest. Local, municipal, provincial and sectoral interests will give way to the national interest without compromising the fundamental rights of the individual and, without withdrawing, the autonomy of decentralized self-government. The Universal Declaration of Human Rights, the American Convention on Human Rights, establishes universal respect for and observance of human rights. Below is a series of documents and agreements on which the decisions and lines of action on which UNDP Ecuador is working are based. Coordination: coordination of responsibilities refers to the integrated action of public and private services and specialised and differentiated Community services, whose functions have common objectives in order to ensure harmony in the exercise of functions and to achieve the objectives for which the national system of decentralised risk management was established. Articles 1, 2, 6, 9, 10, 11, 16, 35, 37, 38, 39, 40, 41, 43, 44, 45, 46, 47, 48, 51, 56, 57, 59, 69, 83, 341 and other relevant articles of the Constitution of the Republic of Ecuador provide that the Ecuadorian State guarantees full respect for human rights in all areas. Subsidiarity: refers to the recognition of the autonomy of local authorities in the exercise of their direct powers and responsibilities for risk management and disaster implementation. Subsidiarity imposes an obligation on higher authorities to assist lower-level authorities if they do not have the means to deal with the risk and/or its occurrence in the event of a disaster, or if there is a security, interest or protected legal interest relevant to the higher authority and assists the institution concerned: is endangered. This does not relieve local authorities of their responsibility for their competences.

Participation: It is the duty of the authorities and institutions of the National Decentralized Risk Management System to recognize, facilitate and promote the organization and participation of ethnic communities, civil, municipal, non-profit, voluntary and non-profit associations. It is everyone`s duty to be part of the risk management process in their community. United Nations-Ecuador Sustainable Development Framework 2019-2022 Article (h) 4 of COOTAD pursues, inter alia, the following objectives: « The creation of conditions guaranteeing the rights and principles recognized in the Constitution of the Republic through the creation and operation of the system for the comprehensive protection of its inhabitants »; The Risk Management Secretariat (RMS), as the governing body, will promote spaces and strategies to develop and strengthen the necessary capacities and strengths for NRDMS actors to ensure optimal implementation of what is described in this manual. El Art. Article 249 of COOTAD on the budgets of priority attention groups stipulates that « the budget of the decentralized self-government may be approved only if it allocates at least ten per cent (10 per cent) of its non-tax revenue to finance the planning and implementation of social programmes for priority groups »; The Convention on the Rights of the Child, signed in 1989, and other international instruments provide that States parties shall take all appropriate measures to ensure that the child is protected against any form of discrimination or punishment based on the status, activities, opinions or beliefs expressed by his or her parents. or their legal guardians or parents. Timely information: it is the duty of the authorities of the decentralised national risk management system to properly inform all natural and legal persons about risks and their factors, emergency situations and disasters, rehabilitation and reconstruction processes and donations received and distributed.

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