La Tenencia de los hijos y su incidencia en la Tutela efectiva del Interés Superior del niño
The general objective is to analyze whether the implementation of child custody and guardianship is effective in the application of the best interests of the child, also guaranteeing the principle of equality and non-discrimination between parents. The methodology used has been to seek information r...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Ecuador |
| Institución: | Universidad Técnica de Cotopaxi |
| Repositorio: | Repositorio Universidad Técnica de Cotopaxi |
| Idioma: | español |
| OAI Identifier: | oai:oai:repositorio.utc.edu.ec:27000:27000/10814 |
| Acceso en línea: | http://repositorio.utc.edu.ec/handle/27000/10814 |
| Access Level: | acceso abierto |
| Palabra clave: | TENENCIA COMPARTIDA IGUALDAD INTERÉS SUPERIOR DEL NIÑO DISCRIMINACIÓN DERECHO CONSTITUCIONAL |
| Sumario: | The general objective is to analyze whether the implementation of child custody and guardianship is effective in the application of the best interests of the child, also guaranteeing the principle of equality and non-discrimination between parents. The methodology used has been to seek information regarding the importance of the applicability of co-parenting or shared custody in Ecuador, and how compliance with the best interests of the child and the responsibility that parents have to ensure healthy upbringing and protection must be guaranteed. integral of the children. To carry out this investigation, the ruling of the Constitutional Court 28-15-IN and interviews with experts on the subject will be taken as a reference. Likewise, the existing legislation and jurisprudence in relation to the topic was also analyzed to understand as a whole, both parental authority and possession encompass a certain similarity since they complement each other at the discretion of the Constitutional Court of Ecuador, that is, that Parental Power is the right attributed to each parent due to the existence of an infant child, a dependent product of the Pareto filial relationship, while Tenure occurs after there is a break in family ties, that is, a separation or divorce. From which it can be concluded that it is appropriate to implement the new legal figure of Shared Custody or in the Code of Childhood and Adolescence, in faithful compliance with the Best Interest of the child, eradicating cultural stereotypes such as preferentially granting Custody to the mother. By believing that it is the only suitable parent to care for the children and relegating the father to fulfill the role of mere economic provider, the State as such has the obligation to opt for the necessary measures to fulfill the best interests of the child. |
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