Necesidad de establecer en el Código de la Niñez y Adolescencia parámetros y mecanismos efectivos para la realización de la prueba de A.D.N

The present research work I have posed to the need to establish the parameters and effective mechanisms that law without violating constitutional guarantees and state aid can effectively solved the problems that arise around the DNA test. This research seeks to show that the best and only way to prove paternity is through DNA testing so that the constitutional right to identity and the elements that are for the good of our entire society is protected. The problem I have developed to demonstrate "the need for effective protection of the state in Integral protection of individual rights of children and adolescents who would benefit from the implementation and simplification of procedures for carrying out this important test, since state aid needed to laboratories reporting directly to the Ministry of Health and which appear already in the law are implemented, and for free, in addition to the requisite legal framework is implemented to solve the problems surrounding this expertise especially with regard to the implementation of the chain of custody, and other formalities, compliance will allow solve this problem and what led to that solution approaches can make the legal and social order, in order to structure a legal framework more efficient to prevent, control and even punish such activities that are outside the law. This has been reflected in the proposed legal reform at the end of this investigation and put to the consideration of the National University of Loja, Mode Distance, of all those who have some affinity with the problematic subject of this research work. For sociologists, the family appears, often as a privileged place for the observation of social change, it is in her that before and more clearly manifest. Some authors, mutations in the family, perceived symptoms of a crisis and a collapse of the family institution; others, however, believe that families have changed, they have adapted to the changes experienced by the society. For all the challenges that families face must show how the mutations observed in the social fabric affect family relationships in its three components, namely: conjugal, paternal and filial. In the legal field, it is perhaps, in which the changes are expressed more slowly, however it is noted that the Constitution, the supreme law, provides broad level of constitutional and legal protection to families. In modern societies, children and adolescents deserve special merit to top interests, for their disadvantaged status in hostile social media as observed today. However, the best interest of the child in any way imply ignoring the interests of other components, for the child's requirements should be harmonized with the needs of all people, in a logic of integration. This is to determine the primacy of the rights of children in their confrontation with other rights that might undermine it or distort it or in respect of rules or provisions that may be such a situation. This is imposed on the ordinary courts the obligation to apply the principle of interests, clearly trying to determine the extent of the rights of children and adolescents, priority and limits they have in case of conflict with rights others, and the legal means to give adequate protection. In this sense, it is the laws which must ensure this balance between the principle of best interests of the child or adolescent, and the rights of others; however, the Code of Childhood and Adolescence suffers from gaps that violate rights of adults, such as when determining easily the declaration of paternity merely not to run the DNA test even if it is acknowledged by the press to the defendant. This loophole violates the principles of contradiction and right of defense, as in the above described legal body there are no legal mechanisms to, protectively rights of the child and adolescent, but without undermining the rights of the defendant for food. It should also indicate that the processes of foods are the most common and frequent in the administration of justice throughout the country, so this social problem warrants an urgent solution

• Autor principal: Vélez Pillajo, Nancy Marilú (author)
• Formato: bachelorThesis
• Lenguaje: spa
• Publicado: 2015
• Materias: LA FILIACIÓN; LA FILIACIÓN MATRIMONIAL; FILIACIÓN EXTRAMATRIMONIAL; LA PRUEBA DE ADN
• Acceso en línea: http://dspace.unl.edu.ec/jspui/handle/123456789/8494