Access to justice of indigenous peoples and nationalities to the right of the healthy environment in Ecuador. Rio Blanco Case

The fall in the price of oil was the proper justification for the Ecuadorian government to seek alternative income for the development of infrastructure in favor of its citizens, therefore, the possibility of exploiting non -renewable natural resources (metal mining), in areas with the presence of indigenous peoples and nationalities and with high biodiversity was opened. The work analyzes the "Río Blanco" case, through which Ecuadorian justice allowed access to justice to community members for the protection of their rights (health and healthy environment), given the violation of due process, since the State did not carry out the prior, free and informed consultation in accordance with Convention 169 of the ILO (which is part of its constitutionality block). The case analysis and comparative system (similar cases in Colombia and Peru) are used as methodologies, and evidence that despite the efforts consigned by the Ecuadorian judicial system with the purpose of guaranteeing the DESC-A, there are still serious deficiencies regarding knowledge of environmental law, normative categories, etc. by justice operators.

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