Ponderación de derechos desde la dignidad de una persona con discapacidad y portadora de enfermedad de alta complejidad frente al principio del interés superior del niño

Abstract

The Constitution of the Republic of Ecuador establishes a scheme of constitutional guarantees to avoid the violation of rights, whether through prevention, cessation or reparation; The exercise of rights may cause conflicts or collisions; however, several administrators of justice need to carry out a more in-depth analysis when making a decision, to guarantee fair rulings to the parties. An example of a collision is the ruling that is the subject of this analysis, which reviews a resolution in an extraordinary protection action, which, due to the lack of a prior weighing exercise, affects the rights of both parties. Rights are not simple statements, behind them there are always people who suffer the consequences of a judicial resolution, they are fundamentally norms that protect the dignity of human beings who live together in a society. This work exposes how weighing beyond its definition, approval or disapproval, is a method of interpretation that helps justify the impact of one right, compared to the primacy of another, in circumstances in which both parties belong to priority attention groups.