Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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  • Miniatura
    Item type:Ítem,
    La migración del alimentante, y el derecho de alimentos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-10)
    Escobar Borja, Ana Paola
    ;
    Tipantasig Cando, Jaime Tarquino
    This research has as its theme "Migration of the obligor, AND THE RIGHT TO FOOD" it is of great importance and interest by the State so that children and adolescents precautelen effective fulfillment of the right to food itself which are subjects covered according to the established and guaranteed by the Constitution of the Republic of Ecuador Section Five, in international instruments, international treaties Unicef and the Code for Children and Adolescents. The right to food is applied to meet all the needs of a child or adolescent and thus can develop their lives in a peaceful and normal. The current Constitution of the Republic of Ecuador has within its precepts clearly both the right girls, children and adolescents are entitled to their full development, conceptualized this term in regard to growth, maturation and full development of the intellect, skills, with the sole purpose to realize their aspirations, within the family, school, social environment. The children and adolescents enjoy the common rights of human beings, besides own age as well as the right to physical and psychological integrity; his identity, holistic health and nutrition; education and culture, sport, social security; here we can identify additional requirements covering the right to food and its vital importance. t is undeniable that in our country in the last two decades the indiscriminate increase was witnessed in migration rates of young people fathers and mothers, who left the country with the common ideal, to find better days for their families but not all cases tell the same story, since in the new country or a new life emigrant practically a new family begins. Thus it was born a new problem that children and adolescents were left to care and under the protection of grandparents and uncles brothers. Situation that caused adverse effects such as dropout rates, teen pregnancies, drug addiction, alcoholism and a number of social problems. You focus on the common denominator for this series of above-mentioned problems occur is that the main cause is that the children and adolescents to be without their parents no longer perceived economic environment any that allows meet their needs for food, housing, education, clothing, transportation, and health, crucial reason that does not allow him to be a productive person to society. Here it was totally violated the right food. The Code of Children and current Adolescence us clearly outlined in Title I the Right to Food Art unnumbered 5 Obligated to the provision of food where the term absence of parents mentioned the responsibility of the maintenance obligation will be transferred to the subsidiary obligation, it is important to study and analyze this article because by this and the implementation of the proposal of this research, strict compliance with the right food is guaranteed, asking every citizen who has minor children, and have desires leaving the country must first secure a alimony for their offspring, this mechanism will prevent migration appears as a method of escape compliance with maintenance obligation and avoid sue subsidiary called bound who many times do not meet this demand because not their job properly
  • Miniatura
    Item type:Ítem,
    El régimen de visitas y el derecho a conocer a los progenitores y mantener relaciones con ellos
    (2016-02)
    Zurita García, Jessenia Alejandra
    ;
    Poaquiza Poaquiza, Ángel Patricio
    This research aims at setting a minimum hours for visitation as well as the determination of penalties to the parent who has custody of the children and adolescents and prevent compliance with the visitation established by decision thus allowing the rights of children and adolescents, especially the right to know the parents and keep affective, personal, permanent and regular relations with them are respected. From the legal aspect visitation is an inalienable right, which is granted by the parent able to stay with the child who lives separately a timely manner, in an atmosphere of privacy, to maintain a regular relationship and direct promoting proper communication between father and son. In the Ecuadorian legislation are few data found about visitation, this issue has been treated with little importance, so much so that in 2013 a draft amendment to the Organic Code of Childhood and Adolescence was presented, which included issues visitation, specifically one of the purposes was to incorporate the guidance for the judges to guarantee the right of children and adolescents to develop and maintain a personal, direct and regular relationship with their parents norm, unfortunately only he stayed not planned and carried out the enactment of such a law. Although the Ecuadorian State has rules governing visitation, society requires that these are updated. This means that you need to be incorporated in the Code of Childhood and Adolescence base hours for visitation, as well as the appropriate penalties for the parent who has tenure and fails to comply with the dictation system. It is also necessary that society, the judges and Ecuadorian families aware of the rights possessed by children and adolescents so that they are protected, thus fulfilling their best interests and full development.