Necesidad de implementar la custodia compartida en la legislacion ecuatoriana para evitar la desigualdad jurídica entre los padres

The principle of legal equality, as it is known today has been achieved in terms of a series of struggles by civil society. History shows us the great confrontations that should have happened to get the much desired equality, which were collected in the various regulations, such as the Universal Declaration of Human Rights, thus in the paragraph one states: "Whereas freedom, justice and peace in the world are based on the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family " This equality does not allow for discussions and thus applies to all members of the human family therefore all men, hence the collected different constitutions like ours recognize ourselves as part of a state of law, equal and prohibitions from discrimination under any nature, specific regulations are analyzed for the development of this thesis, have to do with family law, which in Ecuador, is scattered among different laws. Thus we first find the fundamental principles of the Constitution of the Republic and thereafter the parameters are set in both the Civil Code and the Code of Childhood and Adolescence, the latter emanating legal inequality to parents who are going through a divorce or separation. In our country according to Article 307 of the Civil Code , first parental rights are inherent establishing child care to those that live under whose care the same and configured more even when in Article 108 indicates that it's up to the mother caring for prepubescent children, regardless of gender , that it completely covered by the Code of Childhood and Adolescence, causing serious injury to the right of legal equality for the law in this case leaves baseless the father so he can get custody of their children. That is why the importance of joint custody to both parents in order that the father's rights are no longer violated. This will therefore resolve and protect the rights of the child, in families affected by the divorce of their parents. If the law does not address this legal issue, the situation of children cannot be resolved with maturity.

• Autore principale: Peña Calderón, Fanny Esthela (author)
• Natura: bachelorThesis
• Lingua: spa
• Pubblicazione: 2014
• Accesso online: http://dspace.unl.edu.ec/jspui/handle/123456789/15820