La aplicabilidad de la sentencia de la Corte Constitucional No.28-15 IN, en resoluciones judiciales de corresponsabilidad parental y tenencia compartida de niñas, niños y adolescentes.
The present research work intends to carry out a legal analysis of the applicability of the Constitutional Court ruling No. 28 15 - IN, in judicial resolutions that refer to parental co-responsibility and Shared Custody of children and adolescents. Ecuadorian legislation has always trusted and has d...
Salvato in:
| Autore principale: | |
|---|---|
| Natura: | bachelorThesis |
| Lingua: | spa |
| Pubblicazione: |
2023
|
| Soggetti: | |
| Accesso online: | https://dspace.ueb.edu.ec/handle/123456789/5113 |
| Tags: |
Aggiungi Tag
Nessun Tag, puoi essere il primo ad aggiungerne!!
|
Aggiungi Tag | Riassunto: | The present research work intends to carry out a legal analysis of the applicability of the Constitutional Court ruling No. 28 15 - IN, in judicial resolutions that refer to parental co-responsibility and Shared Custody of children and adolescents. Ecuadorian legislation has always trusted and has determined that sons and daughters in a situation of divorce and separation from parents, remain under the care of the mother; however, with the evolution of the law and therefore of the laws, equality has been constitutionally established as one of the basic principles that must be observed and applied. In cases of Shared Custody as part of Parental Co-responsibility, several circumstances are not observed that prevent it from being granted impartially, giving the mother the most time, leaving only weekends or small spaces for the father, thus injuring his rights as a ecuadorian citizen, as well as a parent. There is a prevailing need to investigate the levels of compliance with a Judgment that has legal force because it is issued by the highest body of constitutional control, since it deals with the well-being of children and adolescents. Because it deals with the well-being of a vulnerable group in society, it is also imperative to carry out an investigative work that allows determining the levels of compliance with a Constitutional Judgment and the need to reform the special law, in this case, the Organic Code for Children and Adolescence, establishing new rules that respect the rights of equality, comprehensive protection for children and adolescents, and that respects the fundamental principle of the Best Interest of the Child. The research methodology is of a qualitative type, with the dogmatic and interpretive method of the constitutional and legal norm, since through these methods an answer to the problem treated is offered based on what produces the best possible reconstruction allowed by the law material that is available; in addition, the facts or social phenomena studied in this work are measurable and quantifiable, therefore, I will measure and establish causal relationships between the variables, to explain the study problem and the current social reality. Keywords: Judgment, Parental Co-responsibility, Equity, Compliance, Regulations. |
|---|