Reforma al código orgánico general de procesos y código de la niñez y adolescencia, en cuanto a determinar la paternidad del demandado con respecto al menor, previa a la demanda judicial

Our Constitution states in its Art.11 of the Constitution of the Republic, that the exercise of the rights of all citizens will be based on principles such as: "1. rights may exercise, promote and demand of individual or collective form to the competent authorities;" These authorities shall ensure compliance. 2. all persons are equal and shall enjoy the same rights, duties and opportunities. 3. the rights and guarantees established in the Constitution and in international human rights instruments will be directly and immediately applicable by and before any server or Server public, administrative or judicial, ex officio or upon request of a party. 4. any rule of law may restrict the content of the rights and constitutional guarantees. 5. in the field of rights and constitutional guarantees, the servants and administrative, judicial or public servers, must be applied the rule and the interpretation that is most conducive to their effective application. 6. all the principles and rights are inalienable, inalienable, indivisible, interdependent and of equal hierarchy. 7. the recognition of the rights and guarantees established in the Constitution and in international human rights instruments, shall not exclude other rights derived from the dignity of persons, communities, peoples and nationalities, which are necessary for their full development. 8. the content of the rights will be developed progressively through the rules, jurisprudence and public policy. The State will generate and will ensure the conditions necessary for their full recognition and exercise. Any act or omission of regressive that diminish, undermine or defeat the exercise of the rights unreasonably will be unconstitutional. 9. the highest duty of the State is to respect and ensure respect for the rights guaranteed in the Constitution..." This part stipulates the principle of equality, although it is difficult to put it into practice; State as such should achieve equality of opportunities and the means to achieve them. Hence the obligation of the State is to provide a solution to the social problems that violate the fundamental rights of the society. The Constitution of the Republic of Ecuador determines in its Art.44 that: "the State, society and the family will promote the comprehensive development of children and the family will promote the comprehensive development of children and adolescents as a priority, and ensure the full exercise of their rights; you will attend at the beginning of their interests and their rights shall prevail over the other people. The children and adolescents are entitled to their integral development, understood as a process of growth, maturation and deployment of his intellect and abilities, potential and aspirations, in a family, school, social and community environment of affection and security. This environment will allow the satisfaction of afectivo-emocionales, cultural, and social needs with the support of national and local cross-sectorial policies The legislation of our country, significantly protects vulnerable groups, in which the girls, boys and adolescents, in this case in terms of food, this taken into account are the needs of the recipient and the economic capacity of the recipient. The rights of children, girls and adolescents are fully guaranteed in the Constitution of the Republic of Ecuador, which is established in article 45 that textually says: "Article 45.-the girls, boys and adolescents shall enjoy the common rights of the human being, in addition to the specifics of his age." The State will recognize and guarantee life, including the care and protection from the moment of conception. Girls, boys and adolescents have the right to physical and mental integrity; to their identity, name and citizenship; comprehensive health and nutrition; education and culture, sport and recreation; social security; to have a family and enjoy the living family and community; social participation; to respect for their freedom and dignity; to be consulted in matters affecting them; to educate yourself on a priority basis in their language and cultural contexts of their peoples and nationalities; "and to receive information about their parents or family absent, unless it was harmful to their wellbeing." All the legal measures that take the State to ensure the comprehensive welfare of children, girls and adolescents is laudable, because they are the most vulnerable people in the present and will be those who will lead in the future to the homeland. In the same code, article 134 9 Innumerado mentions that: "with the qualification of the demand the judge to set a provisional pension according to the table of minimum alimony that based on the criteria provided for in this law shall be drawn up by the National Council of childhood and adolescence, notwithstanding that in the audience”, the judge has considered the agreement of the parties, that in no case shall be less than set out in the above table. CNA 102 when the affiliation has not been established, or in the case of the other blood relatives, the judge/a kinship will order in the Providence of qualification of the demand, the comparative examination of patterns of bands or sequences of deoxyribonucleic acid (DNA), without prejudice to the temporary fixing of food. In our constitutional framework within the article article 75 States: "every person is entitled to free access to justice and protection of their rights and interests, subject to the principles of immediacy and speed; impartial and effective in any case, you will be exposed. Failure to comply with judicial decisions shall be punished by law". All the legal measures that take the State to ensure the comprehensive welfare of children, girls and adolescents is laudable, because they are the most vulnerable people in the present and will be those who will lead in the future to the homeland. In such a way that every citizen has the warranty require that you compliance with all rules in respect of their existing rights, much more requiring the conservatorship effective administrators of Justice in an impartial way and without any interest. Hence the organic code of childhood and adolescence in its article 11 mentions "the best interests of the child.-the best interests of the child is a principle that is oriented to meet the effective exercise of all the rights of children and adolescents; (e) it imposes all the administrative and judicial authorities and public and private institutions the duty to adjust their decisions and actions for its implementation. To appreciate the best interests, the need to maintain a fair balance between the rights and duties of children and adolescents, in the way that best suits the realization of their rights and guarantees shall be considered. This principle prevails over the principle of ethnic and cultural diversity. The best interests of the child is a principle of interpretation of this law. No one may invoke it against express standard and without previously hearing the opinion of the child or teenager involved, that is able to express it." It is important to take into account this principle of best interests of the child, the child and the adolescent, which prevails especially, so it should be expected that their rights of paramount as it is the right to food are defended and guaranteed, by the State, the family and society. As well as the General organic code of processes in their Art. 146 third subparagraph of the qualification of the demand determines that: "In the field of childhood and adolescence, the judge shall provisionally food pension and visitation" It is noteworthy that there are rights of good living, guarantees in its Art.75 of the Constitution that: "every person is entitled to free access to justice and the supervision effective, impartial and expeditious manner of their rights and interests, subject to the principles of immediacy and speed; in any case, you will be exposed. Failure to comply with judicial decisions shall be punished by law". In such a way that both the organic code of childhood and adolescence and the General organic code of processes, they express that after qualifying the demand for food provisional food pension shall be fixed and will be sent to carry out the examination of DNA, while in advance by imposing a provisional pension it transgresses the rights of the alleged recipient and progenitor of the Fed. So it should be proceed in first established the paternity of the presumed progenitor to then impose a temporary pension until they settle and develop conciliation hearing.

• Autor principal: Salazar Díaz, Mary Alba (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2017
• Assuntos: DERECHO; PATERNIDAD; DERECHO DE LA NIÑEZ
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/19742