Análisis del principio del interés superior del niño acorde al caso Sata No. 184-18-Sep-CC.

Abstract

The Best Interest of the Child as main principle for the resolution of conflicts in which children or teenagers are involved in any circumstance, according to judgement No. 184-18- SEP-CC, issued by Ecuador Constitutional Court, in reference to public known case Satya, in which the Register Office denied the registration to the child of a same sex couple, since The Ecuadorian Law does not contemplate such legal concept.Nevertheless, this decision did not consider the scope of The Best Interest of the Child Principle. For that reason, this research work studies the theory and legal foundations of The Best Interest of the Child Principle, aiming to demonstrate its effectiveness on the guardianshipof the rights of a minor in any circumstances, based on the judgment in the Satya case, for being a great jurisprudential reference for the correct application of this principle. This study will consequently confirm that this Principle holds a superior, guarantee standard, and constitutional rank, through the application of the qualitative method with applied technique in a documental analysis. Therefore, the appropriate legal instruments will be proposed to orientate decrees,programs and adjustments where the correct and mandatory application of the Principle of the Best Interest of the Child is addressed.