La tenencia compartida, vacíos legales y la vulneración del principio de interés superior de niños, niñas y adolescentes.

The purpose of this research is based on analyzing the effects and consequences of shared custody, from a doctrinal, legal and jurisprudential point of view, in order to determine the pertinent legal gaps and to report on the legal and social situation of children and adolescents who are under the aforementioned legal figure. All this under the guiding principle of the essential principle of the Best Interest of Children and Adolescents, which dates back to 1959 in the Geneva Declaration on the Rights of the Child adopted by the League of Nations, and it is known that, at present in Ecuador, it is violated at certain levels, which has repercussions on the personal and social development of the individual, causing problems of various kinds. The justification for the development of this topic is based on understanding and studying the national context in which the preferential decision in the country of the mother's custody over the father's, obscures the protection of integral and harmonious development that the children should have, as the main beneficiaries of this legal decision. Therefore, it is necessary to contribute to the academic and professional sector with a study that allows to start from an intelligible panorama, so that the respective decisions are taken in legal and juridical matters for the benefit of children and adolescents, respecting the essential principle of Best Interest and what is dictated by the Constitution of Ecuador, since it is known that in other countries of the region laws or codes have been implemented where children appear as governing entities, applying internal legislations of Integral Protection and Codes of Childhood and Adolescence, among others. Therefore, in order to meet the proposed objectives, a qualitative methodology was developed through an interview with an official expert on the subject, in order to complement the theoretical findings on the proposed problem. In this way, the research developed shows that shared tenure guarantees compliance, for the most part, with the rights of children and 4 adolescents, which are recognized by international organizations and by the Constitution of Ecuador through its various instruments. In addition, the existing legal vacuum of shared custody evidences the preference of the mother over the father, despite the constitutional recognition of the obligation of both parents in the integral development and protection of the rights of children, even more so when they are separated, thus affecting family relationships. The degree of vulnerability to the Principle of the Best Interest of the Child and Adolescent through the judicial determination of shared custody can be classified as "medium", since this principle constitutes the criterion and the guide that directs the decision making in matters related to children, thus guaranteeing in an equal manner the effective enforcement of the rights of children and adolescents; which can be partially effective or even lack compliance, since an approved legal framework is not established. Key words: Shared Tenancy, Principle of the Best Interest of the Child, Code of Childhood and Adolescence, Rights of Children and Adolescents.

• 主要作者: Mora Barragán, Iván Andrés (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2023
• 主題: TENENCIA COMPARTIDA; VACÍOS LEGALES; VULNERACIÓN; PRINCIPIO DE INTERÉS SUPERIOR DE NIÑOS; ADOLESCENTES; CÓDIGO DE LA NIÑEZ Y ADOLESCENCIA; DERECHOS DE LOS NIÑOS
• 在線閱讀: https://dspace.ueb.edu.ec/handle/123456789/5162