Reiteración e insuficiencia del art. 22 de la ley de la jurisdicción contencioso administrativo, en lo que se refiere a la comparecencia de la mujer casada y del menor adulto

Every man, woman and child has the right to be free from discrimination based on gender, race, ethnicity, sexual orientation or other status discrimination and other fundamental human rights that depend on the full realization of human rights for the protection of discrimination. These rights are enshrined in the Constitution of the Republic of Ecuador, Universal Declaration of Human Rights, the International Covenants, the Convention on the Rights of the Child and other international treaties and declarations. Ecuador is a State of rights and justice where all people are equal and enjoy the same rights, duties and opportunities, is why the present work it has been prepared taking into account the importance of the appearance of a married woman adult and minor, if any claim that may exist as to the infringement of rights objectives and / or subjective, within the public administration. Particularly the Organic Law on Contentious Administrative Jurisdiction has been designed by the legislature to ensure the natural or legal persons the right to challenge the regulations, acts and resolutions of the Public Administration or semi-public corporations, causing state and direct violate a right or interest of the plaintiff, as well as against administrative decisions that infringe privileges established or recognized by law, when such decisions have been taken as a result of any general provision, if this law is violated in which those rights originate, is everyone is in the same circumstances, where rights should be governed by constitutional principles , otherwise would have no legal effect. For these reasons , the law regarding Article 22 states that in contentious demand - administrative, married women may appear without authorization or license husband, rule of law which shows that it is intended to establish a legal relationship and bond of woman to her spouse, becoming discriminatory when specifically administrative law guarantees personal and individual legal rights that have been violated by the bodies referred to in Article 24 which states as passive subject of the action is the organ of the Public Administration and legal persons that semi proviniere the act or provision the resource and natural or legal persons to whom rights , arising out of the act or provision concerns. On the same subject, it is said that the appearance of the plaintiffs is duly provided for in Article 23, Law of Appearance of the alleged law whose requirements are explicit in Articles 30 and 31, including the Civil Code and Civil Procedure establishing the ability of the actor within a process, therefore the content of Article 22 of that law becomes unnecessary As a matter for administrative matters as well as the Constitution establishes the Goals and Subjective Rights are personal and therefore in case of spouses , they do not depend on the husband's authorization or license if the applicant is your spouse. What is applicable to the adult child, who must act in the process of who is exercising parental authority or even in cases where the same law provides for a special guardian or conservator Ad- Litem

• 主要作者: Molina Pérez, Jorge Humberto (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2015
• 主題: LEY DE JURISDICCIÓN; CONTENCIOSO ADMINISTRATIVO; DERECHOS INDIVIDUALES; ADMINISTRACIÓN PÚBLICA
• 在線閱讀: http://dspace.unl.edu.ec/jspui/handle/123456789/8321