Examinando por Autor "Suárez Pérez, María Consuelo"
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- ÍtemAcceso AbiertoAnálisis de la Sentencia número 012-17 de la Corte Constitucional en la Cual se planteó la Insconstitucionalidad del artículo 137 del Código Orgánico General de Procesos y su afectación al cumplimiento del pago de Pensión alimenticia(Universidad Católica de Cuenca., 2020) Suárez Pérez, María Consuelo; Palomeque Pesántez, Fabián Santiago; 302713862This research is based on the analysis of Article 137 of the General Organic Code of Processes (COGEP), which was as reference and reformed in the Constitutional Court's sentence 02-2017, which in my opinion had a major effect on the interests of children by affecting the confluence of many laws establishing specific measures, such as personal constraints, to ensure that the right to access to food, which includes a range of rights (health, medical care, healthy housing), can be completely fulfilled by children and adolescents. The General Organic Code of Processes represents as one of the recently created legal bodies in our country. Only in 2015, personal constraint is considered as a measure to ensure the payment of alimony, under the terms of this article, despite the fact that in 2008 the Constitution of the Republic stated that the only detention for debt was alimony. The right to access to food implies the source of livelihood and well-being, and parents are responsible for fulfilling this right; however, the current situation in our country and in many countries around the world reveals that the right to food is among the most vulnerable. The research was undertaken through a historic process which has helped to develop a complete guarantee in the fulfilment of children's rights, the review of specific legislation in this area, the analysis of cases on constraint and the payment of alimony, and the drawing up of conclusions and suggestions as a result of the entire research process.