Derechos de menores no acompañados : obligación del estado ecuatoriano.

Abstract

This essay analyzes the situation of unaccompanied children and adolescents seeking asylum in Ecuador, identifying gaps that violate their comprehensive protection. In the context of human mobility, this group is highly vulnerable and therefore exposed to risks and dangers such as human trafficking, violence, discrimination, and exploitation. This review was achieved through bibliographic research that integrated legal bodies such as the Convention relating to the Status of Refugees and its Protocol, the Constitution of the Republic of Ecuador, other laws and codes, as well as other official publications that highlight the global problem of the violation of the rights of unaccompanied children and adolescents. It was demonstrated that Ecuador is a signatory to international treaties and is responsible for its own legislation, which requires it to be a host country for refugees and guarantee their comprehensive protection and development. Despite this, legal gaps and deficiencies in state action persist, as they lack clear and effective procedures to identify, legalize, and provide adequate protection to unaccompanied children and adolescents, violating the legal principle of non-refoulement and the best interests of the child. Ruling 212-20-Ep/24 of the Constitutional Court of Ecuador demonstrates how minors are victims of legal shortcomings, as in the case of the returned adolescent. In conclusion, Ecuador must strengthen its protection mechanisms, facilitate immigration procedures for unaccompanied children and adolescents, and establish clear, specific care pathways, as this is its responsibility. This study has a qualitative method, with a documentary analysis technique, where an analysis of the written content of the Constitutional Court ruling 212-20-Ep/24 will be established.