“El principio constitucional de igualdad ante la ley y su incidencia en el trámite adoptivo solicitado por parejas Homosexuales, en Ecuador, en el año 2014”.

The present investigation has deepened in analyzing the principle of equality before the law, against the contradiction offered by the organic code of childhood and adolescence, by not allowing the homosexual couples to accede to the adoptive procedure, since they cannot fulfill the requirement to adopt, to be a heterosexual couple. Within the constitution of the republic of Ecuador, several articles highlighted the importance of the principle of equality, and non-discrimination on the basis of gender, one of the most protected today, by the struggle of the population L.G.B.T.I. In Art.11, numeral 2 mentions: "All people are equal and enjoy the same rights, duties and opportunities. Despite the fact that the principles of equality and non-discrimination have been clearly established in the Constitution of the Republic of Ecuador, it is curious that some laws are contradictory to the Constitution, which, as its article 424 indicates, has a prevalence of any other national law. One of those rules in the Organic Code of Children and Adolescents, which establishes open discrimination regarding the adoption process, article 159 states: "Candidates for adopters must meet the following requirements: 6. In the cases Of couples of adopters, it must be heterosexual and be united for more than three years, in marriage or union of fact that meets the legal requirements: As mentioned above, it is stated that the adoptive process in Ecuador excludes homosexual persons, thus violating the principle of equality before the law and opening the possibility of discriminating on the basis of gender, which is contrary to constitutional postulates.

• Главный автор: Llangari Chalan, Segundo Perikles (author)
• Формат: bachelorThesis
• Язык: spa
• Опубликовано: 2017
• Предметы: principio de igualdad; discriminación
• Online-ссылка: http://dspace.unach.edu.ec/handle/51000/3864