La adopción heterosexual frente a la prohibición de discriminación por categoría de la orientación sexual, en Ecuador, año 2021.
Adoption is a process that allows individuals to become parents in a non-biological way. For this procedure to be appropriately configured, it is essential that it is duly regulated and clearly defined in the corresponding legislation. This concept has its roots in Ancient Roman Law, where adoption...
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| Format: | bachelorThesis |
| Język: | spa |
| Wydane: |
2024
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| Hasła przedmiotowe: | |
| Dostęp online: | https://dspace.ueb.edu.ec/handle/123456789/6714 |
| Etykiety: |
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Dodaj etykietę | Streszczenie: | Adoption is a process that allows individuals to become parents in a non-biological way. For this procedure to be appropriately configured, it is essential that it is duly regulated and clearly defined in the corresponding legislation. This concept has its roots in Ancient Roman Law, where adoption was permitted for both capable adults and incapable minors. From that time until the present, the legal institution of adoption has undergone noticeable development, incorporating predetermined regulations that are transparent and precise. Adoption has been implemented globally, addressing issues of formal and material equality and the prohibition of discrimination. This has become a foundational basis for the comprehensive progress of society. In Ecuador, the provision for adoption is found in the 2008 Constitution and the Organic Code of Childhood and Adolescence. These legal frameworks also contain principles that promote equality and, likewise, prohibit discrimination based on sexual orientation, among other aspects. The prohibition of discrimination based on sexuality is one of the reasons behind the undertaking of this research project. The Ecuadorian constitution is explicit in allowing adoption for heterosexual couples or those of different sexes while discriminating against same-sex couples. This contradicts constitutional principles of equality, consequently violating the prohibition of discrimination based on sexual orientation, constituting an infringement on the principles and norms established in the aforementioned legal framework. The methodology employed in the research involves the use of techniques for analyzing regulations, doctrines, and information directed towards the needs of the investigation outlined in the current topic. This pertains to the existence of a possible 4 constitutional conflict between the provision governing heterosexual adoption and the prevention of discrimination based on sexuality in Ecuador in the year 2021. Key words; Constitution, Adoption, Equality, Prohibition of Discrimination, Sexual orientation, Constitutional antinomy. |
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