The right to mobility and its relationship to land transportation: constitutional perspectives (Review)

Abstract

The right to mobility is related, among other aspects, to land transportation, as it enables territorial organization and the protection of multiple rights that are developed or practiced in urban and rural public spaces. This study aims to relate the constitutional foundations of the right to mobility in the context of land transportation to the possible practical and legal limitations arising from the exercise of state regulatory powers. This is carried out using a qualitative approach and supported by methods like documentary review and analysis-synthesis. It was concluded that there are legal and constitutional tensions between land transportation regulation practices and multiple human rights that may be affected, such as freedom of movement, the presumption of innocence, and property rights, among others. This is especially noticeable in the context of traffic enforcement operations and the measures adopted during the states of emergency frequently declared in Ecuador.