El derecho a un ambiente sano y la actividad minera en la parroquia La Merced de Buenos Aires, Urcuquí, período 2020-2021

Abstract

Mining is a problem for the environment and people, as it pollutes and deforests the area, thus lowering the health of people and affecting their right to a healthy environment and the rights of nature. The general objective of this work was to determine the effectiveness of the regulations that demand respect for the right to a healthy environment in Ecuador and, specifically, in the parish of La Merced de Buenos Aires, Urcuquí, period 2020-2021. This study will be beneficial for the communities and people of the sector, because it will clear the situation that has arisen in the parish of La Merced de Buenos Aires due to illegal mining activities that, in some way, defy the legal framework and, consequently, the health of the community of the aforementioned parish. Similarly, the socio-legal methodology was used with the support of the deductive method with a qualitative approach, the research methods were documentary analysis together with interviews, this research is important because it will show the effectiveness of the national environmental legal legislation, as well as the international environmental treaties signed by the Republic of Ecuador. The right to an environment together with the rights of nature represents a worldwide milestone and even more so in the Amazonian countries. Unfortunately, in the legal sphere it is not correctly regulated and applied, since Ecuador depends on the extraction of non-renewable natural resources, and its public policies do not reflect the due protection of nature and these rights. It was concluded that illegal or legal mining needs better regularization and control in order to avoid violating the rights to a healthy environment of the people living near the mining areas, and to make the corresponding environmental reparations.