La adopción de niños, niñas y adolescentes con discapacidad y el derecho a la inclusión social e igualdad

Abstract

Adoption is a legal institution aimed at the substantial protection of the minor through the restitution of the fundamental right to belong to a family, when due to many reasons children and adolescents have been deprived of being part of the family life. In Ecuador, the Constitution stipulates the joint obligation of the State, society and family in terms of promoting the ideal development of the minor, which refers to how children and adolescents should belong to an adequate environment; in the same way, persons with disabilities are positioned as a group of preferential attention regarding their social inclusion. Within the legal system, regulations such as “Código Organico de la Niñez y Adolescencia” do not contemplate parameters related in a specialized way to the adoption of children and adolescents with disabilities, in the face of an unfavorable reality for this group. Therefore, this research analyzes the adoption of children and adolescents in Ecuador, with a focus on the rights of people with disabilities in accordance with the Priority Attention, through a descriptive and exploratory research, with a qualitative and quantitative approach, which is developed under the research line of Public Policy, Law and Society. Consequently, it is obtained as a result, that in the Ecuadorian system is notorious the inexistence of state actions directed at promoting the adoption of minors with disabilities, thereby affecting the inclusion of this group in a situation of double vulnerability, therefore, the generation of public policies according to Material Equality is proposed.