Preferencias académicas de los estudiantes de la carrera de Derecho y su vinculación con los Objetivos de Desarrollo Sostenible (ODS) a través del estudio de sentencias

Abstract

Abstract:This thesis analyzes ruling 28-15-IN/21 by the Plenary of the Constitutional Court of Ecuador, which declared the unconstitutionality of paragraphs 2 and 4 of Article 106 of the Childhood and Adolescence Code. These articles established maternal preference for the custody of children and adolescents, which was considered contrary to the principle of the best interests of the child, the right to equality, and parental co-responsibility. The Court reiterated that in cases involving the rights of children and adolescents, the principle of the best interests of the child will prevail over the interests of the parents. After the respective analysis, it concluded that the challenged provisions were discriminatory, expelled them from the legal system, and set parameters to evaluate, on a case-by-case basis, the custody assignment of children and adolescents. The ruling emphasizes the need to combat gender stereotypes and inequality in the domestic environment, aiming to fulfill parental co-responsibility. This thesis links this ruling with the Sustainable Development Goal on gender equality and examines this relationship in depth.