El incumplimiento de los operadores de justicia al art.148 del código orgánico de la niñez y adolescencia genera inseguridad jurídica y atenta el derecho de alimento para la mujer durante el embarazo parto y post-parto

The Constitution of the Republic of the Equator in the art. 43 numeral 3 establishes: The priority protection and care of your integral health and of your life during the embarrasment, Parthian and post-depart. In concordance with the Art. 45 inc.1.The female child, young and adolescent will enjoy the common fees of the human being, besides the specifics of your age. The state will recognize and will guarantee the life, included the care and protection from the conception. Art. 363 numeral 6 of the Constitution it deposes.- The state will be responsible for: To secure actions and services of sexual health and of reproductive health, and guarantee the integral health and the life of the women, specially during the embarrasment, Parthian and post-depart. Of similar way the art. 148 of the Code of the Childhood and Adolescence establishes: " the pregnant woman has right, from the moment of the conception, to the foods for the attention of your needs of feeding, health, wardrobe, housing, attention of the Parthian, puerperium, and during the period of lactation for a twelve-monthes counted time from the birth of the child or daughter; if the creature dies in the maternal belly, or the child or the female child dies after the Parthian, the protection to the mother will subsist until for a 6 non-bigger period to twelve counted monthes since produces the fetal death of the child or young. Likewise some international bodies of laws, manifest that must protect the maternity and the infancy with attendance and cares these international treaties above all respect the right side to the life and foods of the minor from your conception. Therefore of the constitutional, legal dispositions, treaties and international agreements before related it decides that the protection for the pregnant woman is integral; pal says that understands the whole period of the embarrasment, it depart, and post-depart. Therefore if we count nine monthes of embarrasment more twelve monthes of post-depart counted from the from birth date of the daughter or child results that the protection hatches twenty-one complete monthes. While the Code of Childhood and Adolescence does not provide that food for pregnant women be paid in monthly installments; we must refer to the provisions of Art. 150 of the aforementioned legal body that indicates that this provision setting the criteria for fixing food for children is applied. Therefore it should be understood that himself as food for children and adolescents are secured by monthly pension in the same way for the case to be fixed food for pregnant women. 7 As I have observed that the resolutions required to contribute food to pregnant women in general imposed are commanded to pay a fee for costs of delivery and only twelve alimony omitting send pay maintenance for the nine months pregnancy. Just reflect on the fact that the state of pregnancy of a woman in itself implies greater financial expense when it is not; It requires special food, medical care, different clothes, etc. With this I intend to note that the needs of pregnant women are not only from birth; undoubtedly these needs appear from conception itself. Given the actions of the directors of Loja Canton Justice as to the resolutions of food ¨ pregnant woman in my humble opinion violates the constitutional, legal and international rights of women in gestation. I believe violates the first above constitutional provision; and it should be obliged to pay alimony from the date of conception until the child meets the twelve months; this means that the resolutions of food for pregnant women should be set.

• Hlavní autor: Vivar Moreno, Fernanda Lizbeth (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2016
• Témata: DERECHO; NIÑEZ; ADOLESCENCIA; CÓDIGO ORGANICO
• On-line přístup: http://dspace.unl.edu.ec/jspui/handle/123456789/10371