Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.VULNERACIÓN DE DERECHOS

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Now showing 1 - 6 of 6
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    La acción de protección como mecanismo de defensa ante acto administrativo lesivos de derecho
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado. Mención Derecho Constitucional, 2023-08) Andino Silva, Edy Juan; Espín Meléndez, María Cristina
    The Ecuadorian Constitution establishes that the protection action has as its objective the direct and effective protection of the rights recognized in the Constitution and can be filed when there is a violation of constitutional rights. However, the Organic Law of Jurisdictional Guarantees and Constitutional Control establishes in which cases the action for protection does not proceed, specifically, in the case of administrative acts. In general, the protection action is not valid if the administrative act can be challenged through judicial channels, unless it is demonstrated that such channels are not adequate or effective. This means that the protective action is restricted in its use, being considered as a residual and subsidiary measure. Sometimes, administrative acts issued by public authorities are not necessarily illegal, but they do violate fundamental rights that can only be recognized through the Action for Protection, which is considered an effective and adequate means for its resolution. This action constitutes a mechanism to protect and guarantee the rights of individuals against acts of the administration that may violate them. Therefore, it is necessary to consider how protection is understood in the framework of a constitutional State of rights and justice and how the principles are applied in relation to the action for protection. The objective of this research is to determine whether the action for protection is viable in cases of administrative acts.
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    Alienación Parental y su relación con la Vulneración del Interés Superior del Niño
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-06) Quispe Criollo, Christian David; Vayas Castro, Guillermo Santiago
    The present research was born with the main objective of determining what is parental alienation to establish the repercussions on the child; identify the rights that allow to comply with the best interests of the child and to demonstrate how parental alienation affects the best interests of the child because the history which can be evidenced that parental alienation appears with the sole purpose of protecting children and adolescents, but this was totally wrong due to reason that it is used to meet the needs of parents who maintain care minors; this can be understood as psychological abuse because parental alienation interrupts an optimal development of minors together with their parents in which an erroneous image of the absent parent is created, but it is evident that parental alienation is born with the separation of the couple or the spouses in such a way that a legal procedure is initiated either Divorce, possession, parental authority or maintenance; showing that the constitutional provisions of article 44 are violated, which determines that the state and the family shall optimally promote the integral development of children and adolescents.
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    La revictimización y la tutela judicial efectiva en los casos de violencia sexual en Adolescentes en la ciudad de Latacunga
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-04) Cárdenas Merizalde, Kleber Iván; Segovia Dueñas, José Luis
    This research work, is of great importance and interest because from the new Constitution of the Republic of Ecuador issued on 2008, a fundamental right is granted towards victims of sexual violence, which is intended as non-revictimization in sexual crimes, in order from them to attend once in criminal proceedings and not suffer abuse and psychological impact, this in daily practice is not fully met since on several occasions and instances it has been evidenced the application of improper procedures by those who materialize and are in charge of the judicial system. Victims of sexual violence already suffer substantial impairment of their fundamental rights, as a consequence of actions or omissions that violate current criminal legislation and the supreme rule of the state. In this sense; and, when there are empty spaces in the regulations, development of special rules is essential and proper procedures for effective care to victims of sexual crimes; one of the main causes why in the country victims of sexual abuse proceed to abandon the trials initiated against their aggressors, it is precisely obstacles that presents the criminal process especially in obtaining the proof, in these specific cases, such is the fact they are practically forced to remember and relate again how the crime occurred as is being investigated. In the canton Latacunga there are cases in which the victims are revictimized; and, as a result their rights have been violated, because there is no effective structure in which it is detailed how the process should be structured on this specific issue, thus giving as a result in the victims a high degree of fear even mental disorders that in serious cases has reached suicide. The research topic is of great interest, and will provide a solution to the problem posed, since it will be verified that incorporation is really necessary of a legal scheme that guarantees in a practical and effective way non-revictimization. The draft it is feasible to do, it will have all the support and criteria of Judges of Criminal Guarantees, Prosecutors and free practice lawyers
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    El derecho de recurrir ante las resoluciones o fallos de la función legislativa en el juicio político
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-08) Silva Bustamante, Luis Alberto; Melo Delgado, Rosa Herlinda
    The main objective of this research work is to deepen the importance of the right to due process in guaranteeing recourse to the resolutions issued by the legislative function within the impeachment, given that in Ecuador, regarding the topic of investigation, its absence has been historical. The Constitution of the Republic of Ecuador, in its Article 76, numeral 7, literal m), establishes the right that people have to appeal a resolution or a decision when deciding on their rights, for which reason, when existing express regulations, the violation of this right is clearly evident, which is linked to the right to defense and therefore forms part of due process. In this sense, since there is no possibility of appealing the resolution adopted by the National Assembly in a political trial, due process is violated and therefore the politically prosecuted are affected in their rights. It is important to emphasize that the right of appeal is a constitutional right of scope for all people without exception. Therefore, by restricting this right in terms of impeachment, the principle of equality established in Article 11, numeral 2, ibid, is transgressed directly, in which it is prescribed that all persons shall be subject likewise with respect to rights and obligations, as well as the right to formal, material equality and non-discrimination enshrined in Article 66, numeral 4 of the constitutional text. Thus, when carrying out this reform, these constitutional precepts would harmonize the Constitution for its proper application. Therefore, by virtue of the aforementioned, there is a need for a higher body to review whether the procedure carried out in a political trial has been adhered to and respecting due process, so that, in this way, to be the aforementioned resolution must be ratified or distorted in this instance.
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    Las trabajadoras sexuales en los centros de tolerancia del Cantón Ambato y la vulneración de los derechos laborales
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-03) Espinoza Zúñiga, Nelly Edith; Massabanda Analuiza, Galo Iván
    The present research work is an analytical study on the labor rights that sex workers have within the tolerance centers in the city of Ambato since this lifestyle is not recognized as a profession, occupation or trade in any Ecuadorian labor legislation. To legislate their rights in the legal field, the labor classification of this modus vivendi is necessary. It is the jurists and the States who have to define these labels in all countries, and the citizens have a duty to accept and respect these people in the free development of their personality and in the exercise of their sexual rights without regard to personal opinions and tags In Ecuador the situation of people engaged in prostitution is still a gray area, which is difficult to understand and to treat in its entirety. There are few studies that speak of the number and conditions of sex workers in the country and few programs dedicated to serving them. Without data there is no serious policy. This lack of information and attention translates into the invisibility of large sectors of this population whose rights are systematically violated and who do not have the tools to defend themselves and denounce these violations.
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    Vulneración de derechos y el desarrollo de habilidaddes sociales de los niños y adolescentes en acogimiento institucional en la Fundación proyecto Salesiano Granja Don Bosco de la Ciudad de Ambato Provincia de Tungurahua
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2017-07) Fernández Paredes, Sandra Paulina; Balseca Basantes, Jeanneth Elizabeth
    The violation of rights relates to the actions of one person with power to another, which generate physical, psychological, sexual, and social damages, this violation of rights is a problem that occurs worldwide and in all strata. In Ecuador, the violation of the right to children by their families or someone close to this nucleus is a fact that arises frequently, especially at low levels of Ecuadorian society. The host house Projecto Salesiano Granja Don Bosco, currently receives 30 children and adolescents who have lived the violation of their rights by a member of the family or someone close to them. The present research is about the problems described and their effects, among them the low level of social skills, the low level to develop easily in all areas of coexistence, the lack of skills to express their feelings among other difficulties that have the children and adolescents who are immersed in this problem of rights violation. The existence of these problems was confirmed through the development of a survey aimed at children and adolescents, and the Director of the Institution was interviewed, who also ratified these issues. As one of the factors influencing the solution of the problem has been proposed processes of training and motivation where participants (the Families of children and adolescents) will be able to know important aspects related to prevention and sanctions to those who violate the Rights of Children and adolescents generating in them an awareness on several issues relevant to the development of a family, likewise for the children and adolescents in process of Institutional Accompaniment training process and interactive workshops and finally create a MAPE OF ACTORS with different institutions public and private in the health service, public safety, sports, education and finance, among others, so that these children and adolescents can attend these institutions to know and inform the different services and procedures that performs each of the entities mentioned, in the same way with the agreement between the Institutions there is a mutual and permanent benefit among the children, adolescents the Foundation in General with the public or private institution with the purpose of linking society and potentialize the social skills of these children and adolescents to know new spaces, new activities of daily life, and to maintain a permanent interpersonal interaction with different people in the supporting institutions. The process of acquiring a culture of respect for children and adolescents is a long process where the most important factor is awareness.