Tutela judicial efectiva de niños y niñas y adolescentes, análisis de las sentencias No. 28-15- IN/21 y No.239-17-EP/22

Abstract

This analysis addresses the” effective judicial protection of children and adolescents”, focusing on the “study of rulings No. 28-15-IN/21 and No. 239-17-EP/22” , with the aim of identifying and evaluating the deficiencies in the protection of minors' rights within the Ecuadorian judicial context. The main issue lies in the lack of adequate specialization among judicial operators and the insufficient implementation of post-ruling follow-up mechanisms. Furthermore, there is an omission of the principle of the best interests of the child and a lack of active participation of minors in judicial proceedings. The approach taken in this study is qualitative, exploring through documentary and jurisprudential analysis the Ecuadorian legislation and the relevant rulings, with the aim of identifying shortcomings in the application of the fundamental principles of the Convention on the Rights of the Child (CRC) and the Constitution of the Republic of Ecuador. The general objective of the research is to evaluate the mechanisms of effective judicial protection of children and adolescents within the framework of the indicated sentences. Specific objectives include: identifying, deficiencies in the judicial system and proposing improvements in related judicial procedures. Specific objectives include: Examine in detail the content of sentences No.28-15-IN/21 and No.239117-EP/22, through the key elements related to the effective judicial protection of children and adolescents, for application in the context of safeguarding their rights