COLLECTIVE RIGHTS AND THE NON-BINDING NATURE OF PRIOR CONSULTATION

The term Nation-State is related to various types of government within a given constituency, being subject to rights and du-ties, in addition to establishing as the main state assignment, the respectful coexistence between each of the individuals that comprise it. The historical celebration of the Constitution of the Republic of Ecuador of 2008, considered as a guarantee, due to the great catalog of rights that it promulgates, introduced precepts such as interculturality and plurinationality, reflected as a reflection of the historical struggle of vulnerable groups. The state’s disrespect for the non-binding nature of prior consultation against Collective Rights will be analyzed in this paper through a qualitative research modality, using scientific methods such as documentary, analytical and inductive bibliographic review. With which it is possible to conclude that the collective rights and the consideration of the results of the prior consultation in a mandatory manner, is not considered by the Ecuado-rian State, showing the urgent need to achieve an effective protection of the aforementioned right, as well as, to integrate the real binding character within the consultative process. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.