Insuficiencia juridica del codigo organico niñez adolescencia con respecto a las reglas del articulo 106 en cuanto a regular la figura de tenencia compartida de los padres, regimen de visitas y prohibiciones. necesidad de insertar su tipificacion

Currently in our society, the family bond is becoming fragile product of emotional break between the spouses or partners becoming a relevant phenomenon and its impact both socially and economically. There are families with a single parent with their children and most often by women as a form of retributive justice society through their lawyers have tried to distribute welfare among family members giving emotional stability chord to have a quality of life resulting in the right to have a dignified life, although her parents are divorced have the guarantee that its growth will always be guiding both parents in caring for their integral development. The aim of proposed study is of important legal and social significance, because in practical reality, a number of drawbacks that significantly affect minors, who as a vulnerable group in society should be given priority are presented satisfy the exercise of all rights that are imposed on all administrative and judicial authorities and public and private institutions. With this research is to conduct a study of the law to the Code of Children and Adolescents, with regard to Title II, Article 106, which Rules Insert Article 106, regarding the Shared Ownership Parent, Dieting Visitors and Prohibitions. Taking into account that such protection to all children and adolescents, must be done within a framework of freedom, dignity and equality, these principles are established in the Constitution of the Republic of Ecuador, however this particular purposes proclaimed in the Code of children and adolescents, do not cover the real need for protection of children and adolescents, because in the daily application of the code in question has been giving a series of contradictions and gaps that legislators in due course They had foreseen these circumstances. This research was based on real events that are occurring in the daily life of our society, given that laws should be drafted for the purpose of regulating the child's life. The protection of children is a universal principle and so declare International Instruments Human Rights and the rights enshrined in the Constitution of the Republic of Ecuador, in turn in the Code for Children and Adolescents, which in its first article concerning the definition says: "This Code provides for the comprehensive protection that the State, society and family should guarantee all children and adolescents living in Ecuador, in order to achieve integral development and the full enjoyment of their rights, within a framework of freedom, dignity and fairness. " While the rules are set out in our Constitution, and the Code of Childhood and Adolescence, are important, as are follow-ups minute after a given by Judge resolution, but are not suitable, nor is the best solution to the various cases Shared Tenure, visitation and Limitations for our children by legal professionals and judges / as, lawyers at the time of the resolution. I exist Decrees raised towards the well-being of the child and adolescents who are not fully applied in the case of children who live with the person who cares for their well-being is not usually the most appropriate for their present and future because there are no authorities to regulate the "GAPS regulating the SHARED TENURE FIGURE PARENT, visitation and Prohibitions". Why is the need to insert your typing, since the responsibility is inaudible irreplaceable by each parent? So it is urgent to find alternatives to halt all facile or wasteful action / os claimants and implement a control mechanism that allows properly address the issue of the weaknesses that exist in the Shared Ownership Parent. Since the Integral Development of the child in different facets of growth must be clearly responsibility for their own parents and thus achieve the well-being of the minor.

• Main Author: Benavides Maldonado, Tayra Dolores (author)
• Format: bachelorThesis
• Language: spa
• Published: 2017
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/19030