Análisis jurisdiccional del principio del interés superior del niño en el ordenamiento jurídico ecuatoriano: ponderación resepcto del derecho de alimentos.

Abstract

Abstract: This thesis analyzes the principle of the best interests of the child within the Ecuadorian legal framework, focusing on its balance with the right to child support. The objective is to highlight potential constitutional rights violations occurring in the name of the best interests of the child and propose a framework to balance these rights in judicial practice. It employs a qualitative methodology, including documentary and thematic analysis, and interviews with specialized judges, covering national and international regulations and the jurisprudence of the Constitutional Court of Ecuador. The results underscore the need for an approach that considers the specific circumstances of each case, ensuring the protection of children's rights without infringing on the rights of others. Recommendations are proposed to strengthen the training of judges and mediators in the balancing of rights and to optimize public policies related to child protection. This work contributes to a more equitable justice system and the creation of legal frameworks that ensure the comprehensive well-being of children in Ecuador, respecting and protecting their fundamental rights according to current legislation.