Responsabilidad del estado ecuatoriano como garante de los derechos de los niños, niñas y adolescentes en el ámbito educativo (CASO PAOLA GUZMÁN ALBARRACÍN VS ECUADOR).

Abstract

The objective of this study is the responsibility of the Ecuadorian state as a guarantee of the rights of children and adolescents in the educational field. For this, a bibliographic review of different sources related to the problem addressed in this research was carried out. It should be noted that a mixed approach has been applied, that is, qualitative and quantitative in order to carry out, on the one hand, systematic analysis of the phenomenon addressed and, on the other hand, raise statistical data related to the subject under study. The population under study will be comprised of normative bodies, doctrinal studies, sentences, research papers and statistical data reported by state institutions which have been analyzed. It is concluded that the case addressed makes it possible to make visible a crime that leads the Ecuadorian State to incur international responsibility for violations and undoubtedly meant a great opportunity for the Inter-American Court of Human Rights to issue a precedent on the scope of the duty of the States to eradicate, investigate and diligently the cases in which sexual violence against children and adolescents is verified It is recommended that the National Assembly debate and approve legislative reforms to end the lack of express sanction on the inaction of an official or the lack of speed in their actions, which leads to impunity and non-application of criminal sanctions to those responsible for crimes like rape.