Social responsibility to the Constitution
In article 15 of the Spanish Magna Carta, in the section on fundamental rights and public freedoms, it states “all have the right to life and physical and moral integrity, without, in any case, they can be subject to torture or penalties or inhuman or degrading treatment."Implementing the right to the moral integrity of people, then it is understood that morality is part of the integrity of the person as evidenced by Professor Lahoz" tendentious work pressure "
The fact that moral integrity is indicated together with physics, encourages a comparison with psychic integrity, which leads to the conviction that moral integrity guarantees. So in the analyzed article it is interpreted, that the person has the fundamental right to be preserved in their mental health, consequently also in their mental development.
In article 18, numeral 1 of the Spanish norm analyzed “the right to honor, personal and family intimacy and the image itself” is guaranteed, the right to honor, being understood as a minor right, however it is very important and That this protects what is known as good reputation, protecting people from defamation, discredit, or different reasons why said right can be dismembered, in this way the constitutional concept of honor and good name is to protect the person from be humiliated and that this right be broken before others and before the same law.
In the same sense and being in complete harmony with the Spanish norm, the Ecuadorian Constitution article 66 recognizes and guarantees: in numeral 3 the right to personal integrity, including physical, psychic integrity in addition to moral legal protected by the State in which the psychic and moral integrity of citizens is guaranteed without any exclusion; In addition to numeral 17 the right to freedom of work, respecting this activity provided that it is outside the law, so that a constitutional right should also be considered.
When calling the word guarantees, it is understood that it is the duty of the State to protect these rights, for the present study it deepens the psychic and mora He presented in previous lines is focused on impairing the principles of integrity of the person established and guaranteed in the CRE.
In article 66 numeral 18 of the CRE is established “the right to honor and the good name. The law will protect the image and voice of the person.”Concording with the Spanish Constitution with the right to honor and good name recognized and guaranteed by the 2 states, same rights that are understood as the right to decent treatment according to article 33 of the CRE that states“ work It is a social right and duty, and an economic right, source of personal fulfillment and economy. The State will guarantee working people full respect for their dignity, a decorous life, remuneration and fair remuneration and the performance of a healthy and freely chosen or accepted work."Therefore, the dignity of people adds as an elementary legal good to protect for the Ecuadorian State because it is repeated for 12 times in its Constitution of the Republic of Ecuador.
Spanish and Ecuadorian legislation agree that the right to dignity, the right to honor and good name, are basic elements for the development of a country and society, being guaranteed in the Magna Carta of each country, at the discretion From the author of the present investigation the rights mentioned are the legal good protected individually and jointly by the State, same rights as in the case of labor mobbing are violated. With the corresponding consideration that the State "guarantees" the right to dignity, the right to honor and good name, is the responsibility of the entities of the same State, to generate public policies that prevent such violations of a legal good inherent in the person who is so precious.
Here the dilemma of which state responsibility against labor mobbing arises, be it a public entity that is directly under government administration, or the private one under the magnifying glass and regulation of the State entities, falling on the functions of the same regular state relations between individuals with all its institutional and control body.
In Spanish regulations, the Occupational Risk Prevention Law has been established with the objective of developing and implementing preventive actions, in harmony with the provisions with the European Union, to progressively improve working conditions for the progress of the progress of the Member countries, in the field of labor mobbing the following articles stand out:
- In article 4.2 It will "understand" labor risk "the possibility that a worker suffers a certain damage derived from work. To qualify a risk from the point of view of its gravity, the probability of the damage and severity of the same will be assessed together.”In accordance with article 4.3: "The diseases, pathologies or injuries suffered on the occasion or occasion of work" will be considered as "damages derived from work".
Among which and as the workplace harassment is analyzed in previous lines, it harms the psychological health of the victim, and when the mobbing is considered a psychosocial risk factor is framed within the Spanish regulations, since there is the probability that work harassment that harassment produce severity damage to the victim and with the following articles the responsible are established.
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