Protección jurídica de menores ante actos negligentes de padres y tutores. análisis crítico jurídico en Ecuador
This research paper aimed to describe the main elements that comprise the Ecuadorian legal rules, starting with the Constitution of the Republic of Ecuador, and connecting it to the Childhood and Adolescence Code, specifically on the topic of negligence committed by parents and guardians in charge o...
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| 1. autor: | |
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| Format: | masterThesis |
| Język: | spa |
| Wydane: |
2023
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| Hasła przedmiotowe: | |
| Dostęp online: | https://dspace.unl.edu.ec/jspui/handle/123456789/27883 |
| Etykiety: |
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Dodaj etykietę | Streszczenie: | This research paper aimed to describe the main elements that comprise the Ecuadorian legal rules, starting with the Constitution of the Republic of Ecuador, and connecting it to the Childhood and Adolescence Code, specifically on the topic of negligence committed by parents and guardians in charge of children and adolescent’s care. Under this perspective, it is necessary to analyse the situation of this age group, in regard to the negligence (by action or omission) committed by parents or guardians responsible for their care, and its connection to the Government and their parents responsibility, this in terms of the constitutional and international support that the children rights and guarantees possess, its relationship with the Best Interests of the Child, and the application of these assumptions in the jurisdictional dynamics, which also significantly influences on the achievement of harmony between all this amalgam of legal precepts, which will be described throughout this text. Through a qualitative approach, the main characteristics of negligence and its main expressions, which have been collected by the legal, doctrinal and scholarly norms of family law, and the specific circumstances of this age group’s care and protection, were entailed; this was done in response to the concern of whether the Ecuadorian judicial system really analyses, values and punishes negative acts done by parents and guardians when failing to provide the care they should to children and adolescents in Ecuador. Thus, reaching the proposed objective: To determine if the application of Legal Protection to minors has succeeded in reducing the rate of non-accidental negligent acts caused by their guardian parents. |
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