La tutela judicial efectiva de los adultos mayores y su derecho a una pensión alimenticia en el cantón Cayambe

Abstract

The present investigation entitled "Effective judicial protection of older adults and their right to alimony in the Cayambe Canton", aims to determine if effective judicial protection in older adults is being adequately executed, given the need to demand compliance with the right to food for the elderly in Cayambe. Taking into account that, in the judicial unit of the canton, more claims for alimony are filed for children and adolescents, on the other hand, there are almost non-existent processes in favor of older adults, who, upon reaching 65 years of age, they are recognized as a vulnerable group, because they are entering their aging stage and are more susceptible to health complications, lack of economic resources, which prevents them from supporting themselves. Through the synthetic analytical method and the documentary analysis and the interview, it was determined that effective judicial protection in older adults is not being carried out adequately due to misinformation, lack of job opportunities, education, abandonment, abuse and/or illness. Non-compliance with sentences by family members and the duration of a judicial process are some of the causes found, which prevent the elderly from claiming their right to alimony. Finally, reforms and strategies are proposed to strengthen protection mechanisms and ensure full respect for the rights of older adults by the State and the family