La adopción como garantía constitucional : relectura crítica del proceso desde el derecho a formar familia.

Abstract

Children's rights have evolved significantly since the mid 20th century. Its a dvances have allowed more and more children to enjoy comprehensive well being and developme nt, and efforts have been made to extend them to the largest possible number of children, including those without parents or guardians. This research analyzes the adoption process in Ecuador as a guarantor of the right to form a family; its development is carried out through a teleological and inferential method to emphasize the constitutional right to form a family. The results demonstrate that there are some normative elements that are counterproduc tive, even within the Constitution itself, to the concept of adoption as a mechanism for enshrining the right to have a family. The conclusion is that the issue of adoption is inherently a matter of contradiction because the regulations pose obstacles to guaranteeing the rights they establish.