Análisis y comentarios de la sentencia número 28-15in21

Abstract

Abstract: The Constitutional Court, in its session on November 24, 2021, declared the unconstitutionality of certain sections of the Children and Adolescents Code, prioritizing the principle of the best interests of the minor over parental interests. The ruling, which addresses equality and parental co-responsibility, seeks to combat gender stereotypes and inequalities in the domestic sphere. It established criteria to assign custody of boys, girls, and adolescents, considering the prevention of gender violence. In addition, he instructed the Ombudsman to prepare a report on the draft Organic Code for the Comprehensive Protection of Girls, Boys and Adolescents. The dissemination of the services of the Public Defender's Office and judicial training on childhood issues, gender violence and the elimination of stereotypes were also provided. The concurring and saved votes highlighted the need for a comprehensive analysis of the regulations and the reality of Ecuadorian women regarding violence and structural discrimination.