Workplace Discrimination Based on Mental Health: An Unresolved Human Rights Debt

Abstract

This academic article analyzes workplace discrimination based on mental health status, a phenomenon that continues to persist in professional environments, particularly within the public sector in Ecuador. The main objective is to identify indirect forms of discrimination faced by workers with mental health disorders and to assess the effectiveness of current legal frameworks in preventing such practices. The methodology employed is qualitative, with a legal-descriptive approach, grounded in the analysis of national and international legislation, jurisprudence, and legal doctrine. Key findings reveal significant regulatory gaps and a lack of appropriate institutional mechanisms to protect this vulnerable group against arbitrary dismissals and failures to prevent psychosocial risks. The article concludes that, despite the formal recognition of the human right to mental health, its legal development and practical enforcement remain outdated and insufficient. It proposes concrete actions to strengthen the interpretation of the right to non-discrimination, including the recognition of mental health status as a suspect classification, in order to implement affirmative measures for the real and effective protection of workers in all employment-related contexts.