El derecho de participación de niños, niñas y adolescentes en casos de tenencia

Abstract

The investigation that was carried out was oriented to determine how to guarantee the Right of Participation of Boys, Girls and Adolescents in cases of tenure in Ecuador; This problem was raised in order to determine the help that children and adolescents would provide when they are heard in tenure processes and thus the judges can avoid existing aggressions within the family nucleus, in order to protect a dignified life and comprehensive development for children and adolescents. To give depth and interest to the investigation, it was necessary to apply hermeneutic, analytical, synthetic and explanatory methods to carry out a detailed study of the doctrine, legal contributions and, above all, international and national regulations regarding issues of childhood and adolescence in cases of tenure. A discussion section was continuously carried out where it was possible to confront the different opinions obtained from the results and the opinions of the interviewees. And finally it was attributed with conclusions emphasizing relevant points of the investigation that respond to the specific objectives raised where it was possible to determine the process, help and guarantee that is given to the child and adolescent in cases of tenure; and recommendations that focused on highlighting issues that can help improve the process of granting custody of children and adolescents to their parents, without violating the rights and obligations that the Ecuadorian State grants them.