Vulneración del interés superior de las niñas, niños y adolescentes en el régimen de visitas, por falta de proporción en tiempo compartido entre el progenitor que ejerce la tenencia en relación al que no la ejerce.

The Constitution of the Ecuador Republic, in its Article 44, recognizes the rights of children and adolescents, where it is responsible, to society and the family, for the recognition of the integral development of infants, and also will attend to the Superior Principle of them, also, their rights prevail over those of other people, therefore they are recognized as people of double vulnerability and will be treated well, it helps them to grow in an environment of deployment of their intellect and their potential capabilities. Art. 45, of the "Magna Carta" of the nation, establishes that children and adolescents will benefit from the rights common to human beings, in addition, the norm recognizes their age, for the integral development of infants, recognized and guaranteed by the State to a family coexistence, where they manage to function together with their consanguineous social environment and will be treated with respect, freedom, dignity without discrimination and above all to be informed of their parents and family group of both parties, especially if in any circumstances they came to a divorce or separation. In this way, Article 69 of the Constitution of the Republic of Ecuador, protects the rights of the people who make up a family and mentions parental responsibility, it means the responsibility of the mother and the father, for the upbringing, education, and protection of children and adolescents, and they will have the obligation to safeguard the interests of their children, regardless of whether they are separated from them for any reason, for that reason, parents have the obligation to be aware of their descendants, and when they divorce or separate for any reason, the norm refers to the fact that the integral development of infants depends on both the mother and the father. The Organic Code of Childhood and Adolescence in its Art. 100, alludes to and establishes the Principle of Parental Co-responsibility, where the responsibility of rights and obligations is generated, both for the mother and the father, it means, their duties in front of them must be reciprocal, regardless of whether in case they separate it is their obligation to provide affection and growth of welfare to the infants. 5 Therefore, when a separation or divorce is generated between the parents, a visitation regime is originated, in many cases, where the parents end up in bad agreements, the harmed are the children, leaving aside the Principle of Coresponsibility Parental, on the one hand, because the time granted to the father who does not have custody is short, calling it a closed visitation regime, being an attempt against the right of equality and even more discriminating against the ascendant who does not have custody of the infant. With these norms established by the Constitution and the Organic Code of Childhood and Adolescence, where it is defined that parents have the responsibility for the growth of infants, this investigation is carried out, in the face of the violation of the principle of Superior Interest of the girls, boys, and adolescents, when a visitation system closed to the parent who does not have custody is established, one of the rights of infants is to share time with their parents, for that reason, with this work, pretend that a semi-open visitation regimen be established when the minor is no longer able to breastfeed so that both the mother and the father can share the same amount of time with their descendant, that that is the principle reason to denominated the present research work as. “Violation of the best interest of girls, children and adolescents in the visiting regime, due to the lack of proportion in shared time between the parent who executes tenure concerning the one who does not exercise it.” violation of the best interest of girls, children and adolescents in the visiting regime, due to the lack of proportion in shared time between the parent who executes tenure to the one who does not exercise it.”

• Main Author: Jiménez Jaramillo., Justo Abel (author)
• Format: bachelorThesis
• Language: spa
• Published: 2022
• Subjects: <DERECHO>; <ADOLESCENTES>; <DISCAPACIDAD>; <CONVIVENCIA FAMILIAR>
• Online Access: https://dspace.unl.edu.ec/jspui/handle/123456789/24918