La Alienación Parental frente al derecho al desarrollo integral y el interés superior del niño
The present investigation faces an existing problem within family law, such as parental alienation, which is defined as a type of psycho-emotional abuse in which one of the parents psychologically manipulates their children, through false acts so that these reject or hate the other parent, in order...
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| Formato: | bachelorThesis |
| Lenguaje: | spa |
| Publicado: |
2020
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| Materias: | |
| Acceso en línea: | https://dspace.unl.edu.ec/jspui/handle/123456789/23620 |
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Agregar Etiqueta | Sumario: | The present investigation faces an existing problem within family law, such as parental alienation, which is defined as a type of psycho-emotional abuse in which one of the parents psychologically manipulates their children, through false acts so that these reject or hate the other parent, in order to cause the links between the parent and their child to deteriorate, interrupt or destroy in their entirety, thus violating the fundamental rights of the child and those of the rejected parent. Parental alienation demands a comprehensive study aimed at protecting the rights of children and adolescents established in the Constitution of the Republic of Ecuador and in the Treaties and International Conventions for the defense of the child ratified by Ecuador, since, In legal practice, the appreciation of parental conflicts as a result of separation and / or divorce is more and more frequent, the consequences of which may lead to serious damage to the correct development of the minor. The purpose of this research is to find an optimal and viable solution that allows safeguarding the well-being of the minor and the continuous exercise of parental-filial relationships after the breakup of the couple. The methodological scope had its support in the inductive, deductive, comparative and analytical method that allowed to develop the conceptual, doctrinal and legal part; In addition, surveys were applied that made it possible to determine the need to stipulate parental alienation, and to conclude that the Childhood and Adolescence Code lacks efficacy to guarantee the best interests of children and adolescents, a situation that manifests itself in a legal vacuum. existing before acts such as parental alienation, which is why a proposal is proposed to reform the Code of Childhood and Adolescence with the aim of incorporating parental alienation to ensure the comprehensive development of the child and his best interests. |
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