Examinando por Autor "Illares Avilés, Adriana Valeria"
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- ÍtemAcceso AbiertoAnálisis de la figura jurídica de la unión de hecho y su incidencia en la adopción homoparental y el interés superior del niño, niña y adolescente(Universidad Católica de Cuenca., 2023) Illares Avilés, Adriana Valeria; Culcay Villavicencio, Iván; 0105742639This research focuses on de facto union and homoparental adoption with a focuson children, giving the most significant relevance and importance to the principleof the Best Interest of Children and Adolescents. Ecuador has had significant advances in recognition of the rights of the LGBTIQ+ community through social struggles as a result of the Advisory Opinion AO 24/17, in which it was possible to achieve the distinction of equalmarriage. However, since it is a sensitive topic,nothing has been said about homoparental adoption, as legislators have treatedthis issue with lukewarmness and fear. The study is based on research and analysis of foreign legislation by our legislation to analyze its impact on the principle of the best interest of the child and adolescent; since it is not a new topic in the world, they have acquired experience with solid studies on homoparental adoption and the taboo it represents, in addition to the feasibility that has occurred in other countries aboutadoption and the formation of minors that develop within homoparental families. An important aspect to examine is the legislation that, compared to the ruling of the Constitutional Court of Ecuador, raises inequality and discrimination, determining whether there is a violation of constitutional rights not only towards homosexual couples but also discriminating and violating essential and inherentrights of minors.