Ecuador: Information on the procedure for obtaining an Ecuadoran passport, on whether a woman needs permission from her husband to leave the country and on whether the father's permission is necessary for children to travel abroad

The following information is an unofficial DIRB translation of a facsimile from the officer in charge of consular affairs at the Embassy of the Republic of Ecuador in Ottawa that was received by the DIRB on 8 June 1995. The terms used in this unofficial translation do not necessarily correspond to the equivalent terms in Canadian legislation.

All provisions for acquiring an Ecuadoran passport can be found in the Law and Regulation Concerning Travel Documents (Ley y Reglamento de Documentos de Viaje) of the Republic of Ecuador.

The provisions are as follows:

- In accordance with Ecuadoran law, the passport is classified as a travel document (Art.1 of the Law and Regulation Concerning Travel Documents).

- In accordance with the above-mentioned law, "all Ecuadorans have the right to obtain a passport and no authority can deny this right as long as all legal requirements are met" (Art. 4 of the above-mentioned law).

- Ecuador has the following types of passport: Diplomatic, Official, Special and Standard (Art.5).

- The passport can be granted individually. The passport holder can, if he/she wishes to, include in the passport the names of his/her spouse/husband and of his/her under age

children (Art. 6).

- To obtain a passport, the applicant must present a form to that effect and the following documents: an identification or citizenship card [cédula de identidad o ciudadanía] or the previous passport; three photos; a voucher or proof of payment of the rights for the acquisition of the booklet [libretin].

In the case where the identification requirements can not be fulfilled because of the loss, damage or destruction of the identification card or previous passport, the applicant or his/her representative will present a sworn statement or information reporting the loss or destruction of the above-mentioned documents (Art. 6).

- "Special", "official" or "diplomatic" passports are only provided to the applicant under certified proof of his function, title, or position. (Art. 7)

- To grant the applicant a passport, the competent authorities will verify his/her Ecuadoran nationality and identity. (Art. 10)

- Under the authority of the Ministry for External Relations, regular passports are delivered by the General Direction of the Civil Register [Dirección General de Registro Civil] in Quito, by the provincial governments throughout the country, and by the consular offices outside Ecuador (Art. 21).

Ecuadoran laws prevail and apply in all the national territory. The Law and Regulation Concerning Travel Documents is no exception.

The embassy's letter also states the following with regard to the need for an Ecuadoran woman to have permission from her husband to leave Ecuador for a vacation:

- "Ecuadorans enjoy the freedom to enter and leave Ecuador." (Constitution Art. 19 No. 9)

- In Ecuador, all citizens are equal by law (Constitution Art. 19 No. 9) and enjoy the same rights. The Constitution of the Republic of Ecuador does not establish a distinction

between men and women. Ecuadorans of and over 18 years of age are considered citizens (Constitution Art. 12) without any other limitation nor restriction.

- "The woman, regardless of her civil marital status, has equal rights and opportunities as the man in all aspects of public, private and family life and especially in the civil, political, social and cultural domains" (Constitution Art. 19 No. 5)

With regard to the the need for the father's permission if

his spouse travels with their children, the embassy's letter states the following:

- Ecuadorans who are minors require writing authorization from the person who exercises Parental Authority [Patria Potestad] or from a respective tutor or curator. This authorization will be granted by the competent judicial authority (Art. 7 of the Law and Regulation Concerning Travel Documents)

- The person who exercises "Parental Authority" can be the father or the mother of the child.

- "Parental Authority refers to the ensemble [conjunto] of rights that the parents have over their unemancipated [no emancipados] children. Unemancipated children, whatever their age, are called family children [hijos de familia]; their parents, in relation with them, are called family parents [padres de familia]." (Art. 300 of the Civil Code of Ecuador)

- "Emancipation ends parental authority. It can be voluntary, legal or judicial (Art. 326 of the Civil Code of Ecuador)."

"Voluntary emancipation is carried out through public mechanisms in which the father and the mother declare their intention to emancipate their adult son/daughter with his/her consent. Emancipation cannot be granted without authorization of a judge knowledgeable of the case" (Art. 327 of the Civil Code of Ecuador).

"The causes for legal emancipation are: the death of the father when there is no mother; the marriage of the son/daughter; the ruling allowing the son/daughter to own material goods of the absent mother or father; to reach 18 years of age (Art. 328 of the Civil Code of Ecuador)."

"Judicial emancipation is done through the decision of the judge..." (Art. 329 of the Civil Code of Ecuador)

- Other regulations on Parental Authority are found in Chapter VII Articles 90 to 97 and Articles 194 and 195 of the Juvenile Code [Código de Menores] of Ecuador.

- "In the case which, in violation of the dispositions of the Juvenile Judicial Service, a minor had been taken away from the country, the State's agencies will mediate [arbitrarán] the necessary measures for his/her return." (Art. 210 of the Juvenile Code of Ecuador)

For your reference, please find attached copies, in Spanish, of the original letter from the officer of the Embassy of the Republic of Ecuador, as well as the Law and Regulation Concerning Travel Documents (Ley y Reglamento de Documentos de Viaje).

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Embassy of the Republic of Ecuador, Ottawa. 8 June 1995. Letter from the officer in charge of consular affairs.

Attachments

Embassy of the Republic of Ecuador, Ottawa. 8 June 1995. Letter from the officer in charge of consular affairs.

República del Ecuador. Ministerio de Relaciones Exteriores. Dirección General de Asuntos Consulares. Ley y Reglamento de Documentos de Viaje. 20 de Mayo de 1989 y 29 de Septiembre de 1994.