Análisis de la protección del interés superior del niño : pérdida de la patria potestad.

Abstract

This research paper examines the Ecuadorian and international legal frameworks applicable to protecting the Best Interests of the Child (BIC) in processes involving the suspension and loss of parental rights (patria potestad), specifically focusing on contexts of domestic violence. It is recognized, following established jurisprudence, that while Ecuador possesses a rights-based legal framework (grounded in the Constitution and the Children and Adolescents Code), serious challenges arise during the implementation of these measures. These include a lack of unified judicial criteria, procedural delays, and insufficient technical training. Using a qualitative methodology—incorporating analytical, dogmatic, and comparative methods—this study analyzes how the principle of the best interests of the child must prevail over parental rights when there is a risk to the child's physical or psychological integrity. Furthermore, the jurisprudential review reveals a paradigm shift within the country: the end of automatic maternal preference, the prioritization of the child’s right to be heard, and the assessment of parental fitness to guarantee the minor's well-being. Finally, this work proposes legal reforms to establish urgent procedures, the mandatory use of interdisciplinary technical reports, and automatic suspension in cases of severe violence to prevent revictimization.