Incongruencias legales en la protección de los menores de edad en lo referente a la clasificación por edad, en relación al art. 4 del código de la niñez y adolescencia y el art. 21 del código civil.

The issues related to children and adolescents are very broad, in them the protection and care of everyone in a society focused; are responsible for generating dynamic issues in society and make the right pass to have a sense in the world we live in, where the full protection of rights and guarantee...

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Auteur principal: Simbaña Samueza, Sandra Cristina (author)
Format: bachelorThesis
Langue:spa
Publié: 2015
Accès en ligne:http://dspace.unl.edu.ec/jspui/handle/123456789/16028
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Résumé:The issues related to children and adolescents are very broad, in them the protection and care of everyone in a society focused; are responsible for generating dynamic issues in society and make the right pass to have a sense in the world we live in, where the full protection of rights and guarantees that is most important. The Ecuador adopted in January 2003 the Code of Childhood and Adolescence, in which state protection as the pioneer contemplated in ensuring that the best interests of the child and adolescent provisions of Constitution of the Republic of Ecuador, in Articles 47, 48, 49 and 50, referring to vulnerable groups. This work will start with the definition of children and adolescents from the legal point of view that is what the law recognizes in its Code of Childhood and Adolescence, Civil Code and other international instruments; as it is this group of special protection. Here it is important to analyze who is considered child and teenager, what causes not establish the crucial age, understanding the concepts in detail, to determine and establish the importance of the age rating. Once introduced to the study area in which this work will be developed titration, the context of rights and guarantees that protect children and adolescents is determined. Ecuador has gone from being a social rule of law as stated in the 1998 Constitution, a constitutional State of rights and justice, as defined by the current constitution approved by the Ecuadorian people in 2008, establishing a new concept, which emphasizes protecting citizens with rights under the guarantees, which clearly defines one of the groups most support, children and adolescents. It will include everything in detail regarding the legal protection of children and adolescents both nationally and internationally. The guiding principle for any issue related to children and adolescents is the principle of the best interests, which must be developed in order to understand its scope, and its relation to the object of this work degree that aims to make visible legal incongruity by failing to establish the age rating parallel the code on Children and Adolescents and the Civil code as the main theme. Only by knowing the rights and guarantees of children and adolescents and determining their age properly, you can get to protect fully preventing violation of their rights abuses. In developing this work, we have also included an analysis of the Convention on Human Rights, in matters relating to children and adolescents. Responsible national entities to support this group and its functions, as well as the International Institutions. A Bill which is expressed more clearly to my research proposal: Finally the contribution of the right that has been given to this work will be presented. The concept of the importance of knowing the rights of individuals remains, and thereby decreases the commission of the violation of those rights. Thus the proposal presented in this work will lead to their respective compliance.