La adopción de parejas heterosexuales y la formación constitucional del hogar de hecho
The present investigation: "THE ADOPTION OF STRAIGHT COUPLES AND CONSTITUTIONAL FORMATION OF HOME MADE" is a contribution to the knowledge of the social legal problems, in order to resume a process of reformulation in order to contribute to social and legal welfare of the general populatio...
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| Materialtyp: | bachelorThesis |
| Språk: | spa |
| Publicerad: |
2015
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| Länkar: | http://dspace.unl.edu.ec/jspui/handle/123456789/8475 |
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| Sammanfattning: | The present investigation: "THE ADOPTION OF STRAIGHT COUPLES AND CONSTITUTIONAL FORMATION OF HOME MADE" is a contribution to the knowledge of the social legal problems, in order to resume a process of reformulation in order to contribute to social and legal welfare of the general population. The categories that substantiate the theoretical content is governed based on the conceptual, doctrinal and legal framework, studies and legal practice so far has contributed several areas. In itself, the legal research I have done, not only is based on the legal theory on constitutional rights guaranteed to all people, they are equal before the law and entitled to the same rights, responsibilities and opportunities; but primarily the rights and the Constitution of the Republic tries to violate them or discriminate against them, as they are denied the right to adopt the common-law couples of the same sex. However, this study, through my legal proposal, it is aimed to remedy this legal inconsistency regarding the violation of these rights that assists them to all people without exception, as does the fundamental Charter and Code Childhood and Adolescence; for which I focus my statement to a constitutional amendment to article 68 paragraph two of the Constitution of the Republic of Ecuador; for same-sex couples enjoy the right to be able to adopt children. Only when we understand the value of each person is born with their rights; and that our rights end where the rights of others born; we will see that every human being is a different world and, the better we treat people without discrimination based on their gender or sexual orientation; more and better psychosocial outcomes get into society; Amen to respect the rights established and enshrined in the Constitution. In general, this research work has been based on the conceptual framework, the doctrinal framework and legal framework, in addition to the final conclusions. In the conceptual framework has been dumped several concepts and definitions of key and indispensable elements in the proposed research to say about children, family, marriage, union, homosexuals and heterosexuals course on adoption. In the doctrinal framework, criteria have been poured prominent and learned jurists and scholars of law, regarding marriage, homosexuality in Ecuador, the recognition of same-sex couples, marriage between same sex, consents to the adoption, types of adoption, on the principle of best interests of children and adolescents, the rights of children and adolescents, the right to humane treatment of children and adolescents, all with the aim of strengthening the legal paper investigated. In the legal framework, legal criteria have been established with an existing constitutional and legal framework, based marriage in the Constitution of the Republic of Ecuador, marriage in the Ecuadorian Civil Code; its legal base, their sources, origin, purpose, nature, character, shape, properties, requirements, effects, marriage licenses, reasons for dissent, marriage celebrated abroad, putative marriage, settling and impedientes impediments to marriage, action invalidity model marriage formalities of marriage, obligations and rights between spouses, grounds for termination of marriage, civil unions, children conceived in marriage, adoption and everything regarding it refers, in addition to the rights of freedom, principles for the exercise of the rights, fundamental principles and rights of children and adolescents, family, and marriage rates. To conclude my research work I finalize the methodology used, with the presentation of survey results and interview, verification of targets, contrasting the proposed hypotheses, the validity of the proposed reform of the Constitution, with the conclusions, recommendations and proposed constitutional reform |
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