Inconstitucionalidad del registro de antecedentes penales como requisito para el proceso de adopción, vulnerando la igualdad de derechos, deberes y oportunidades
My thesis work is of paramount importance and its socio-juridical problem refers to the "UNCONSTITUTIONAL OF THE REGISTRY OF CRIMINAL BACKGROUND AS A REQUIREMENT FOR THE PROCESS OF ADOPTION, VULNERATING THE EQUALITY OF RIGHTS, DUTIES AND OPPORTUNITIES" studied and analyzed in detail Was bo...
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Format: | bachelorThesis |
Langue: | spa |
Publié: |
2017
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Accès en ligne: | http://dspace.unl.edu.ec/jspui/handle/123456789/18881 |
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Résumé: | My thesis work is of paramount importance and its socio-juridical problem refers to the "UNCONSTITUTIONAL OF THE REGISTRY OF CRIMINAL BACKGROUND AS A REQUIREMENT FOR THE PROCESS OF ADOPTION, VULNERATING THE EQUALITY OF RIGHTS, DUTIES AND OPPORTUNITIES" studied and analyzed in detail Was born the imperious need to treat it for not allowing addiction to a person who has committed a crime and therefore has a criminal record. A long time ago the adoption was seen as an act of charity, nowadays adoption is a solution so that the children can have a family again and the couples or applicants can live and enjoy the experience of having a child. Before adopting there must be a process of reflection, allowing a little time to pass, because it is not only a matter of love. In addition, given the protection function of the child to which he responds, the obligations to take care of the adopted child are assumed. Searching at all times for the best interests of the child. Adoption is the protection and protection in the upbringing, education and care of a child that is not inbreeding, but is considered as a part and own child, as if that couple had conceived. Institution that in our legislation is regulated as much by the Civil Code as by the Code of the Childhood and Adolescence. With regard to the Code on Children and Adolescents, article 159 states that adopters must have their domicile in Ecuador or in one of the states with which Ecuador has signed adoption agreements, be legally able to be in full Exercise of their political rights, be over twenty-five years old, have a difference of age of not less than fourteen or more than forty-five years with the adopted, the adoptive couple must be heterosexual and be together for more than three years in marriage or union In fact, enjoy adequate physical and mental health to fulfill parental responsibilities, have the requisite economic resources, and not register criminal records for crimes punishable by imprisonment. The requirement of not having a criminal record, by parties of the adopters, is that they do not have a criminal record on the part of the interested party to ask for the addiction of a minor, this sanction is no longer enunciated as such, which is mentioned with private penalties Freedom in general, thereby eliminating the difference between imprisonment and imprisonment, are called custodial sentences. Criminal records in a person who has received a deprivation of liberty greater than ten years, and for any classification of sanction, violates constitutional rights such as non-discrimination by judicial past established in article 11 numeral 2 of the Constitution of the Republic Of Ecuador. The Constitution prohibits discrimination by judicial past and uses a generic, non-specific deviation, that is, whatever the nature of the past without any restriction; Therefore, a person with a judicial past may not be restricted to his rights, including access to work in the public sector, on the contrary, the Constitution protects and protects him. The Code of the Childhood and Adolescence recognizes in Article 152 the full adoption, in which all the rights, attributes, duties, responsibilities, prohibitions, inabilities and impediments peculiar to the filial parent relationship are established, but At no time does it refer to its status as judicial past, therefore criminal records have nothing to do as a requirement of the filial status in the adoption process. Being that, a fact that causes legal insecurity, as required by Article 82 of the Constitution of the Republic of Ecuador, when that requirement does not respect the constitutional rights that no one can be discriminated against by judicial past |
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