Reconocimiento de las modalidades del acogimiento familiar para la disminución del acogimiento institucional, justificado en el interés superior del niño y la protección de la integridad personal del menor

The present research work of juridical type refers to: “Recognition of the modalities of foster care for the reduction of institutional fostering, justified in the best interests of the child and the protection of the personal integrity of the minor” which is exposed in this thesis model, emphasizing a social and juridical issue that is supported in the article 215 of the Childhood and Adolescence Code, which establish that the protectionn measurements are activities that the authority in charge emit and resolve to implement in order to promote the children's well-being in case of verified the concurrence of a risk that violates their rights: by the State, progenitors or the community, where is required to procure the application of measurements that prioritize their protection through the promotion of community and familiar interaction relationships. Focusing in that, despite the fact that in the mentioned legal body the protection measures are described, in this is evidenced familiar and institutional, it is not specified which one have to be implemented as priority, (if this is the case of family placement against the institutional), furthermore that the modalities of family placement that could be applied were not considered. As a result of this, it is of great importance, implementing this through a Project of Reform to the Child and Adolescence Code. In this regard, the article 44 of the Constitution of the Republic of Ecuador refers that, both the family, the community and the State, mainly, correspond to encourage in a fundamental way the integral development of minors, for which will be in charge of ensuring that they assert plenty of all their rights fully and in attention to the child's superior interests. They have the purpose of promote the personal protection in case of abuse or neglect situation when implementing the protection measurements mentioned previously as way to ensure that their rights can be exercised and contribute to the well-being that they need. It is subsequence that, the Ecuadorian legislation focuses on the analysis and 6 implementation of reforms that are principally oriented to achieve the child’s superior interest through the appropriate regulation of the current regulations, considering that with the society’s progression many issues arise which may influence in children’s abandonment or mistreatment that could counteract their violated rights and rise their personal protection. Within this context, it is evidence that some international regulations such as Spanish Civil Code and the Care of Children Regulations of Uruguay had deepened more about children’s abandonment. They consider that each particular necessity of each child or adolescent required a different modality of family placement that could be the urgent, temporal or permanent, due to this contribute to exercise their violated rights and having an integral development as their superior interest require. Therefore, in the present research work of juridical type, due to the theoretical and conceptual contribution of a legal, doctrinal and comparative law type, it was possible to adequately base and specify the need to develop the reform proposal focused on the typification of the prioritization of foster care as a phase prior to institutional care and the modalities in which it can be applied. As the same way, the proposed objectives and the raised hypothesis were confirmed through the use of data sheets, the application of a survey and an interview to practicing lawyers. In addition, the analysis of two cases refers to the investigated topic that allow to establish the basis of legal study, where some methods as inductive, deductive, analytic and synthetic were implemented. As the same way, the proposed objectives and the raised hypothesis were confirmed through the use of data sheets, the application of a survey and an interview to practising lawyers. In addition, the analysis of two cases referents to the investigated topic that allow to establish the basis of legal study, where was implemented some methods as inductive, 7 deductive, analytic and synthetic. In consequence, it is estimated as vast importance that the Reformatory of Code of Child and Adolescence Project Law, which indicated that family placement has to be applicated before the institutional placement and modalities that could be implemented such as urgent, temporal and permanent, due to these give more observance to child’s superior interest and for the protection of the personal integrity to adequate development.

• Autor principal: Cuje Orellana, Jhandry Rair (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2022
• Matèries: <DERECHO>; <ACOGIMIENTO FAMILIAR>; <ACOGIMIENTO INSTITUCIONAL>; <NIÑO>
• Accés en línia: https://dspace.unl.edu.ec/jspui/handle/123456789/24951