Estudio comparado del derecho a la educación superior y el suministro de alimentos de los estudiantes universitarios.
ABSTRACT: In Ecuador, where education is a fundamental right enshrined in the Constitution, a legal problem arises concerning the mandatory termination of alimony at the age of 21, according to the Children and Adolescents Code, without considering whether the beneficiaries have completed higher edu...
Tallennettuna:
| Päätekijä: | |
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| Aineistotyyppi: | bachelorThesis |
| Kieli: | spa |
| Julkaistu: |
2024
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| Aiheet: | |
| Linkit: | http://dspace.unach.edu.ec/handle/51000/13006 |
| Tagit: |
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Lisää tagi | Yhteenveto: | ABSTRACT: In Ecuador, where education is a fundamental right enshrined in the Constitution, a legal problem arises concerning the mandatory termination of alimony at the age of 21, according to the Children and Adolescents Code, without considering whether the beneficiaries have completed higher education or not. This limitation poses challenges for university students, who are forced to seek economic alternatives to cover their basic needs, thereby contributing to school dropout and negatively impacting their job prospects. Although the Constitution guarantees the right to education, the lack of alimentary support creates significant barriers. The research aims to compare the implementation of the right to higher education and the provision of alimony in Ecuador, Colombia, and Peru. Legal and doctrinal aspects related to alimony and the right to higher education are analyzed, investigating the determinants of student dropout in Ecuador. The methodology adopts a qualitative approach, using deductive, dogmatic, and legal correlational methods. The study population includes judges from the Family, Women, and Adolescence Unit in Riobamba, with a non-probabilistic sample of five judges. The results reveal that the right to alimony is intrinsically linked to basic needs, including education, and that the legislations of Ecuador, Colombia, and Peru lack clarity regarding the extension of age to provide alimony to university students over 21. Additionally, the analysis of the right to higher education in Ecuador highlights barriers that limit access and retention of university students, negatively impacting their academic and professional development. The comparison of legislations highlights significant differences, emphasizing the need for legal reforms in Ecuador to align with international standards and ensure equitable and sustainable access to higher education. In conclusion, the research advocates for legal reforms that adjust the age limit for the automatic termination of alimony, seeking to continuously support university students and contribute to the legal and social debate on adapting existing regulations to contemporary challenges in the educational field. |
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