Reparación integral ante el delito de violación contra la integridad niños y adolescentes.

Abstract

The purpose of this thesis is to thoroughly examine the issue of lack of comprehensive reparation in cases of rape perpetrated by an active subject known as the Aggressor or Perpetrator when the passive subject is a child or adolescent, also referred to as the victim or the assaulted. In exploring the study topic, we will review the mechanisms provided by law and international treaties to impose appropriate penalties on the aggressor and compel comprehensive reparation to the victim, while bearing in mind that it is the State's duty to ensure that justice decisions are enforced. Fundamental rights, including those of minors, are supported by the Constitution, the Organic Code of Childhood and Adolescence, and the Convention on the Rights of the Child. In Ecuador, the State must protect and guarantee these rights, especially in cases of rape, which have increased in recent years, affecting the family and social spheres. The current version of the Comprehensive Organic Penal Code has improved legal provisions related to the protection of minors and the prosecution of sexual offenses. This entails greater clarity in defining the offense, judicial procedures, and sanctions, all in line with the principle of the best interest of the child. However, the implemented reforms do not ensure the fulfillment of comprehensive reparation to the child or adolescent in cases of rape, making it a priority issue for the Judiciary, the State, and other rights protection institutions.