The right to rebellion, the right to resistance ¿Are human rights?

• Main Authors: Dayton Francisco Farfán Pinoargote, Brenner Fabián Díaz Rodríguez
• Format: Article
• Language: Spanish
• Published: Fundación Koinonía 2019-12-01
• Series: Iustitia Socialis
• Subjects: derecho humanitario; derechos humanos; derecho internacional; derecho de autodeterminación
• Online Access: https://fundacionkoinonia.com.ve/ojs/index.php/Iustitia_Socialis/article/view/543

The main objective of this article is to determine whether rebellion and resistance are human rights, for which a doctrinal and legal aspect was approached to understand if the action of rebelling, rebellion or insurgency before the policies of tyrant rulers and oppressors, have the protection of international human rights instruments. The methodology used was the method of analysis and synthesis in different internal and external documents and regulations. The results show a protection and guarantee scheme for the action of men to react when faced with a power that violates fundamental rights. It is concluded by indicating that although the Constitution of Ecuador establishes the right to resistance, however, it maintains the rebellion as a criminal offense, in addition, there is a state responsibility to guarantee these rights, that of resistance and rebellion, which are also protected by international human rights instruments.