Análisis jurídico sobre la vulneración al derecho de movilidad humana y su afección a los derechos de los niños, niñas y adolescentes, Sentencia Constitucional Nro. 1497-20-jp/21

This research paper is titled: “LEGAL ANALYSIS ON THE VIOLATION OF HUMAN MOBILITY RIGHT AND ITS AFFECTION ON THE CHILDREN AND ADOLESCENTS RIGHTS, CONSTITUTIONAL SENTENCE NO. 1497-20-JP/21”. In this regard, the author's interest in developing the aforementioned topic lies in the current problems evident in boys, girls and adolescents in situations of human mobility, to access the Ecuadorian educational system. Consequently both, the jurisdictional and administrative authorities, due to their deep lack of knowledge of the different international human rights and treaties signed by the State regarding the subject in question, systematically transgress the fundamental rights of minors. Thus, the content of the right to education is carefully studied through its four different aspects that have been developed by the United Nations Organization, and recognized by the Ecuadorian Government through the binding jurisprudence of its highest body for interpreting the Constitution In this sense, the supremacy of international treaties that deal with this matter over the Constitution itself is explained through the exercise of hermeneutics, for which the analysis of the principles of application of rights such as the block is deepened. On the other hand, at the end of the theoretical framework, a section is reserved regarding the comprehensive reparation measures that Governments must implement in the event of the violation of fundamental rights, emphasising specially on the right to education. Likewise, by linking the different research techniques executed in this work, it is suggested some proposed guidelines taking the results obtained into account, thus demonstrating each of the previously approved objectives, in addition to detecting a series of legislative omissions in its role of regulating constitutional mandates, as well as by the administrative authorities when failing to comply with existing legal provisions. 4 Finally, in this research work, the use and application of materials and methods that allowed the development of the same was made, for this purpose surveys and interviews were executed on legal professionals, the results of which served to propose the elaboration of conclusions and recommendations, in order that the rights of children and adolescents in a condition of human mobility achieve the effective exercise of their best interest, which has been violated due to the ignorance of international and national instruments that are supposed to guarantee their rights.

• Autor principal: Paz Sotomayor, Erika Nicole (author)
• Formato: bachelorThesis
• Lenguaje: spa
• Publicado: 2023
• Materias: DERECHO; MOVILIDAD HUMANA; ADOLESCENTES; ECUADOR
• Acceso en línea: https://dspace.unl.edu.ec/jspui/handle/123456789/28424