La privación de la patria potestad como medida de protección de los hijos.

Abstract

Parental authority is a legal institution that arises as a consequence of filiation, it constitutes a set of rights and obligations inherent to parents and unemancipated children; the Organic Code of Childhood and Adolescence regulates the cases in which judges may order the loss or deprivation of parental authority, generally when the minor is exposed to serious and detrimental situations for his or her integral development. This measure may be perceived as a sanction to parents; however, this paper aims to determine the protective approach of the legal framework in Ecuador. Its importance is centered on the interpretation and application of the best interest of the child as a guarantor principle that seeks to ensure the absolute satisfaction of all their rights; this principle is recognized internationally by the Convention on the Rights of the Child and the American Convention on Human Rights. The research will review and analyze parental authority and the causes of deprivation, focusing on the risk standard as a basis for judges to issue this measure by evaluating the serious conduct of the father and the likelihood of recidivism that represents a threat to his children.