Examinando por Autor "Ordoñez Sisalima, Juan Mateo"
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- ÍtemSolo MetadatosAnálisis del derecho a la tenencia, frente a la presunta vulneración del derecho de igualdad de los progenitores.(Universidad Católica de Cuenca., 2022) Ordoñez Sisalima, Juan Mateo; Fajardo Romero, Carlos Julio; 0105474886Within the legal regulations of Ecuador, the principle of the right to equality is typified, coming to strictly establish that every person is equal and must enjoy the same rights and duties, therefore no one can be reached to violate this right because of their gender, ethnicity, sex, age, etc. The Ecuadorian Magna Carta recognizes and seeks to guarantee all cities the right to equality in its different types (equality in form, material) eliminating discrimination. Then under the previous precise, in the state there should be no contrary regulations, such as the one declared unconstitutional being Art. 106 of the Code of Childhood and Adolescence specifically in its numerals 2 and 4, where a preference between man and woman can be evidenced (father-mother) to implement custody and parental authority. With the above, the following article seeks to analyze in a critical-legal way, how the maternal preference in relation to the possession of children comes to violate the right of legal equality between male parents, thus being able to demonstrate the influence of gender before the law and the principle of equality. Placing as a solution the implementation of a shared custody that allows the active participation of the parents, respecting the right of equality under a constitutional command, since a solution to the latent problem in our legal system will help protect the rights of the children, of the in the same way, the rights of parents before equality.