Análisis de la sentencia N.º 202-19-JH/21 en relación al impacto que genera al principio del interés superior del niño en el contexto del acogimiento institucional

Abstract

This study analyzes how institutional care affects the protection of children's rights in Ecuador, using Constitutional Court Ruling No. 202-19-JH/21 as a reference. The case of Rosa Pérez Siguencia, a mother with an intellectual disability living in poverty, illustrates how her children were institutionalized without warning or safeguards, affecting their right to maintain family ties. The Court found serious shortcomings, such as the lack of family alternatives and mistreatment within the group home, demonstrating that institutionalization can cause more harm than protection. The study also reviews how the perception of childhood has changed and highlights the relevance of the 1989 Convention. It concludes that institutional care should be the last resort and that a safe family environment should always be prioritized.