Jurisprudencia y Ciencias Sociales

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

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Tiene archivos: SíTema: search.filters.subject.NIÑAS-NIÑOS-ADOLESCENTES

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  • Miniatura
    Item type:Ítem,
    El Derecho a la Libertad Sexual y su Incidencia en el Desarrollo Integral de los Niños, Niñas Y Adolescentes: Análisis de la Sentencia No 13-18 Cn/21
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
    Vaca Aldás, Juan Andrés
    ;
    Espín Meléndez, María Cristina
    The decision of Constitutional Ruling No. 13-18 CN/21, which allows minors under 14 years of age to consent to sexual relations, has generated debate and concern as to whether they have the necessary knowledge about their sexual freedom and whether this could jeopardize their rights and integral development. This study focuses on children and adolescents, who are considered a priority group according to the Constitution of Ecuador. The judgment establishes an exception for those over 14 years of age who can consent a sexual act, which raises possible violations of their rights and development. The impact of this research falls on Ecuadorian society, which is governed by a constitution that guarantees rights, especially for minors between 14 and 17 years of age. The research topic raises the dichotomy between integral development and sexual freedom, considering the lack of appropriate maturity in such a young person to consent sexual relations. Constitutional Ruling No. 13-18 CN/21 allows those over 14 years of age to consent sexual relations, which could avoid possible penalties for adolescent offenders, but on the other hand opens the possibility that there may be more impunity in sexual crimes involving minors since they can vitiate their consent through power relations, blackmail or by buying their testimony.
  • Miniatura
    Item type:Ítem,
    Las actas transaccionales y el derecho de alimentos de las niñas, niños y adolescentes
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-11)
    Balverde Yancha, Mary Jacqueline
    ;
    Mayorga Naranjo, Eduardo
    In our legislation the right to food of children and adolescents is a right enshrined from the most important legal body such as the Constitution of the Republic of Ecuador, being a fundamental right to the full development of the capacities and potential of the beneficiaries, creating the same as an aid integrates and necessary for subsistence and a decent life. The effectiveness of the implementation of this law is based on financial support provided by parents or people who share a parent-subsidiary relationship with the beneficiary of this right. This right includes not only an economic category, is itself an aid indispensable subsistence to cover health needs, food, education, clothing, which are considered essential for living, rights representing the aid go beyond a simple economic payment therefore it is necessary to consider how important it is that the legislative mechanism that provides payment based on the most effective way. In our country, there is a payment mechanism for pensions right food, which must be the first five days of each month, but not to take a prompt payment law is the need to cast a ballot distraint against the person is debiting these pensions, being deprived of liberty must cancel these pensions you owe but in many cases can make the signing of a contract record, where it informs the total payment of pensions. In most cases these payments are quite significant amounts and no deposit is made in the account assigned there is only one record where the cancellation of the amount due is specified, giving way to a habit of irresponsibility and instability arises in payments monthly and must take into account that legislation should forewarn at all costs that payments are timely, given that does not represent any money right but this implies a dignified life.