The objective of this investigative work is to determine what is the duty of the Ecuadorian State as a subject of rights towards the victims of forced disappearance, based on the fact that it is an atrocious crime, considered a crime against humanity, which generates a series of of violations of rights, especially human rights. It is a problem of a national and international nature, so the obligation of the State is to guarantee the exercise of the rights enshrined in the Constitution, Treaties and International Agreements. Emerging as a question: Does the lack of state responsibility for crimes against humanity within Ecuadorian legislation affect the right to due process for victims of forced disappearance? A qualitative approach is applied, with scientific methods such as bibliographic and documentary review, logical historical and inductive. Concluding that the Ecuadorian State, whose duty is to guarantee the exercise of rights, is not responsible for forced disappearance, it simply exercises a formal responsibility, in addition, it does not use appropriate techniques to find the whereabouts of the victims efficiently and effective. Therefore, the principle of presumption of life is not guaranteed.