Principio de interés superior del niño, niña y adolescente y derecho a ser consultado y escuchado.

Abstract

In the Republic of Ecuador there are limitations in the implementation of international and national legal provisions, in relation to childhood and adolescence. The general objective of this work is to carry out a legal study on the application of the principle of best interests of children and adolescents. A previous quantitative study was carried out on the results of judicial processes that involved children and adolescents in the Pastaza Canton, in the period 2019-2021. Subsequently, two surveys and an interview were applied to lawyers and judges in the family, childhood and adolescence area, and other professionals and public officials, on the application of ISN resolutions, with special reference to Judgment 13-18-CN/21. The majority of children and adolescents involved in interparental disputes ranged in age from 6 to 8 years, with a high incidence of suffering; they were heard in said judicial processes. A high proportion is observed of cases processed on the right to sexuality, related to Judgment No. 13-18-N / 21. All the children and adolescents were heard, but the recognition criteria The judges' knowledge of the right of children and adolescents, from the age of 14, to consent to a sexual relationship, were proportionally divided. In general, there is consensus that the national internal order responds to international treaties, on the right of children and adolescents to be heard; although there are criteria that have not been fully implemented because, among other causes, the Ecuadorian system is very strict in criminal matters.