Defensor de familia como institución garante de la eficacia de los derechos de la niñez y la adolescencia, durante las contiendas legales de los progenitores
The title of this thesis is "Public defender as an institution guaranteeing the effectiveness of the rights of children and adolescents, during the legal conflicts of the parents." There is an interest in examining the right of children and adolescents to be heard by the judge at hearings...
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| Format: | bachelorThesis |
| Sprog: | spa |
| Udgivet: |
2022
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| Fag: | |
| Online adgang: | https://dspace.unl.edu.ec/jspui/handle/123456789/25314 |
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Tilføj Tag | Summary: | The title of this thesis is "Public defender as an institution guaranteeing the effectiveness of the rights of children and adolescents, during the legal conflicts of the parents." There is an interest in examining the right of children and adolescents to be heard by the judge at hearings in family disputes and to be represented by a sponsoring attorney appointed by the judge to assume their technical and legal defense, as is the case in Peruvian law with the procedural curator. Specifically, the guardians and conservators appointed in family, child, and adolescent matters to safeguard the human rights of minors. The civil regulations and the Ecuadorian General Organic Code of Processes, in particular Resolution No. 10-2016 of the National Court of Justice, authorize the judge to appoint the ad litem curator to represent the child and adolescent in disputes involving their parents. In family trials, the international treaties of the Brasilia Rules for Access to Justice for People in Vulnerable Situations protect the right of minors to be heard. The child's attorney is responsible for his technical defense, understood as the possibility of appointing a trusted lawyer or receiving ex officio technical assistance, for which he must interpret the minor's desires and act accordingly. This attorney is responsible for representing the client's interests and rights without supplanting his will. In this thesis, materials and methods that permitted the development of the investigation were utilized, and interviews and surveys with legal professionals were conducted. The results were used to propose a legal reform to the Organic Code of Childhood and Adolescence and the Organic Code of the Judicial Function in order to guarantee the constitutional right of the child and adolescent to be heard by the judge in trials where their parents are in conflict and to be represented by a Family Defender, an attorney who specializes in Family Law, childhood, and adolescence. |
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