El marco normativo de la restitución internacional de los menores en el Ecuador.

Abstract

The compelling need to address research on the international restitution of minors as the objective of this investigation arises from the application of norms by the Ecuadorian justice administrators. Although we have a general procedural norm, the Organic Code of General Processes (2015), and constitutional provisions, these are insufficient to achieve the goals set in International Treaties. It is observed that the so-called voluntary processes do not immediately follow the procedures of our domestic regulations, putting the safety of minors at risk due to the lack of necessary immediacy and specificity, as well as the collection of essential information to safeguard their rights.The adopted methodological approach, based on the historical-logical method, seeks to explore the historical background of the institution under analysis. An exegetical method has been used to interpret the regulations applicable to the restitution of minors, both at the international level and within the Ecuadorian legal framework. This approach has been complemented by the study of regulations in other countries.The aim of this investigative work is to provide recommendations that enable the utilization of existing legal tools, ensuring compliance with specific procedures established in Ecuadorian legislation. With this comprehensive approach, the goal is to improve the effectiveness and safety in the processes of restitution of minors, thereby contributing to the well-being and protection of those involved.