Carácter proteccionista de la legislación ecuatoriana, con relación a los adolescentes infractores.
Ecuadorian legislation adopts an eminently protectionist approach towards adolescent offenders, based on the comprehensive protection doctrine established in the 2008 Constitution and developed primarily in the Organic Code for Children and Adolescents (CONA). This normative framework recognizes ado...
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| Formaat: | bachelorThesis |
| Taal: | spa |
| Gepubliceerd in: |
2025
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| Online toegang: | http://repositorio.ulvr.edu.ec/handle/44000/8148 |
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Voeg label toe | Samenvatting: | Ecuadorian legislation adopts an eminently protectionist approach towards adolescent offenders, based on the comprehensive protection doctrine established in the 2008 Constitution and developed primarily in the Organic Code for Children and Adolescents (CONA). This normative framework recognizes adolescents as subjects of rights in vulnerable situations, prioritizing their rehabilitation and social reintegration over punitive punishment. The juvenile justice model is based on the idea that the response to crime committed by adolescents should be educational rather than punitive, recognizing that their developmental capacities are different from those of adults. Therefore, the law limits deprivation of liberty to the most extreme cases and favors, in practice, measures that help them integrate and fundamentally repair the damage caused. The sanctions designed by the system must contribute to the comprehensive growth of the young person, taking into account their personal conditions, the family context that surrounds them, and the social dynamics in which they are embedded. Adolescents, in accordance with their vulnerability, have a series of safeguards during the process that guarantee respect for their dignity. They must be provided at all times with the assistance of a lawyer experienced in juvenile justice, which allows them authentic exercise of the right to defense. The regulations categorically prohibit an adolescent from being brought before an adult court, establishing in turn that the measures they must comply with take place in institutions designed exclusively for socio-educational work. This protectionist character reflects the Ecuadorian State's commitment to international human rights standards, particularly the Convention on the Rights of the Child, materializing a restorative justice that seeks the effective social reintegration of the adolescent offender, recognizing their condition as a person in development and their fundamental right to rehabilitation. |
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