Explotación laboral infantil y mendicidad forzada, hacía un efectivo tratamiento penal : Reformas al COIP.

Abstract

In Ecuador, forced begging and child exploitation are persistent problems involving thousands of minors, many of whom are exploited by their own parents. Although the Comprehensive Organic Criminal Code penalizes these practices (Articles 91, 92, and 108), there is no autonomous or aggravated criminalization when the crime is committed by parents or guardians. Constitutional jurisprudence has strengthened comprehensive protection, but weak coordination between the criminal justice system and protective services persists. This research proposes regulatory reforms that strengthen the criminal responsibility of responsible adults, combining punishment with restitution measures and specialized care. Comparatively, several countries in Europe and the region apply harsher penalties and comprehensive protocols. It is recommended to establish binding mechanisms between justice, child protection, and public policies, prioritizing early detection, interdisciplinary intervention, and post-sanction follow-up. The safeguards approach must be translated into concrete actions that protect the best interests of the child.