La opinión de las niñas, niños y adolescentes en las resoluciones de tenencia y patria potestad

The Constitution of the Republic of Ecuador in accordance with the Organic Code of Childhood and Adolescence, establishes clearly that children and adolescents have the right to express opinions on matters which affect them and more if it is with respect to their legal situation, so that the operators of justice in legal judgments where they are involved, they are practically forced to listen to the criterion of minors to be able to know the externalisation of his will and in this way to verify that their rights are not infringed in any legal aspect. The girls, boys and adolescents, are part of the vulnerable groups, due to their status are unable legally to take certain decisions, therefore the Ecuadorian State forces the parents, officials and other competent bodies to ensure the fulfilment of the rights and guarantees that have minors, one of them and of the particular case is the right to have an opinion, a right which should be valued and respected by the Family Court judges and, based on their age and maturity that present the child at the time of issue at its discretion. The separation of parents or various aspects, it causes children and adolescents, suffer the consequences of this fact, leading the struggle for the possession or custody of the same, so that the operators of justice, as garantistas image, should ensure that fulfilling the constitutional right to be consulted so that the children can develop in an environment appropriate, peaceful and healthy

• 第一著者: Yuqui Hernández, Jenny Lilian (author)
• フォーマット: bachelorThesis
• 言語: spa
• 出版事項: 2018
• 主題: Opinión; Tenencia; Patria Potestad; Resoluciones
• オンライン･アクセス: http://dspace.unach.edu.ec/handle/51000/4728