Normativa ecuatoriana sobre el abandono o negligencia hacia personas adultas mayores y los instrumentos internacionales.

Abstract

The source of inspiration for the preparation of this work prior to my degree is the indolence on the part of the society and the legal inefficiency that I have been able to feel concerning the suffering due to the abandonment or negligence towards the elderly persons, reason for which this critical and investigative work is named “Ecuadorian Regulations on Abandonment or Negligence Towards Elderly Persons and International Instruments”. In the research of the historical-legal and conceptual development on abandonment or negligence towards elderly persons, it is found a legal vacuum in Ecuadorian regulations on negligence, however it is necessary to emphasize the scope that abandonment has in our legal system from a constitutional, civil, and criminal perspective. International Conventions provide that negligence and abandonment towards elderly persons have a legal effect based on the principle of dignity, in which distinctions and uniformities are determined that allow us to express the negative effects on this vulnerable group such as physical, psychological and even economic damages. Elderly persons are considered a vulnerable group in the international and national community, thus this work is based on the Inter-American Convention on the Protection of the Human Rights of Elderly Persons the goal of which is to promote the protection of the rights of the elderly persons due to their condition of vulnerability and on the Organic Law of Elderly Persons which has had a positive evolution in accordance with the International Conventions but has not shown total effectiveness in view of the problem of abandonment or negligence towards this Vulnerable group; I identified the lack of operation of the care program for the elderly persons, thus infringing the undertaking made by our Government in the aforementioned International Convention.