- ÍtemAcceso AbiertoLa incidencia de la mediación como método alternativo en la fijación de pensiones alimenticias en el cantón Cañar, durante el primer semestre del año 2022.(Universidad Católica de Cuenca., 2023) Rosas Encalada, Jhonnathan Israel; Quevedo Quinteros, Manuel Ramiro; 0350258513This research is about the incidence of mediation in the fixing of alimony in the Cañar canton, specifically in the Mediation Center of the Judiciary Council of that canton, for which it has been necessary to conduct a dogmatic study on the right to alimony, the fixing of alimony, who are the holders of this right and who are the ones obliged to pay it. Likewise, mediation and its application in the fixing of alimony have been reviewed and analyzed as an alternative method of conflict resolution, since the Constitution of the Republic of Ecuador 2008 and the Law of Arbitration and Mediation established it. Moreover, in this research, an analysis has been made on the incidence of mediation in the setting of alimony in the Mediation Center of the Judiciary Council of the Cañar canton.
- ÍtemAcceso AbiertoEl derecho al trabajo de las personas con diversidad funcional, una barrera por superar en Ecuador(Universidad Católica de Cuenca., 2023) Salinas Vélez, Ismael Francisco; Carpio Flores, Luis Manuel; 0302931860This research paper analyzes the Ecuadorian reality regarding the employment access of people with functional diversity. It is grounded in theoretical perspectives encompassing normative aspects, benefits, and implementation. The study also delves into public policies generated by the government and the barriers to be overcome in Ecuador. The research employs inductive-deductive, comparative, and juridical-dogmatic methods with a descriptive non-experimental approach. The results indicate that 85.29% of individuals with some type of functional diversity need access to dignified employment. Government policies do not fully ensure respect for the rights enshrined in the Constitution and in the workplace, as they lack proper control and effective enforcement. It is concluded that despite the existence of public policies and regulations protecting individuals with disabilities in the workplace, employers do not comply with these provisions, resulting in a legal lethargy that is detrimental to their rights, labor inclusion, and guaranteed opportunities.
- ÍtemAcceso AbiertoAnálisis de la fijación de pensiones alimenticias para adultos mayores. Importancia de aplicar la tabla del ministerio económica y social(Universidad Católica de Cuenca., 2023) Vélez Serrano, Wilson Andrés; Zamora Vázquez, Ana; 0302041140This research was conducted to analyze the situation of older adults regarding their right to financial support and the importance of judges applying the table established by the Ministry of Economic and Social Inclusion, as they currently rely on sound judgment. It is necessary to emphasize that Ecuador has a constitution that guarantees human rights, and among the priority attention groups are older adults, with the existence of the Organic Law for Older Adults that determines the protection of the rights of this group. The research aimed to analyze current legislation and the due judicial practices regarding the determination of alimony for older adults. Additionally, various court decisions were analyzed to demonstrate the importance of applying the alimony table issued by the Ministry of Economic and Social Inclusion. The research was conducted with a qualitative approach and employed inductive-deductive, analytical-synthetic, and dogmatic-legal methods. The bibliographic review was the technique, and the instrument was the note-taking. This academic effort helped determine the importance of judges applying the alimony table established by the Ministry of Economic and Social Inclusion, as it prevents arbitrary decisions and inequalities in determining alimony. Developing clear and transparent parameters reduces the possibility of judicial decisions influenced by subjective factors, ensuring that all older adults receive fair and equitable treatment under the law.
- ÍtemAcceso AbiertoLa importancia de la implementación de políticas públicas para garantizar el acceso a Internet como derecho humano en Ecuador(Universidad Católica de Cuenca., 2023) Santacruz Loja, Bryan Andres; Moreno Martínez, Jaime; 0350097879It is argued that Internet connectivity has become an essential resource as a fundamental right in contemporary society and the modern age, influencing citizen participation and economic development in the digital era. Through a thorough analysis, this paper demonstrates how no Internet access can cause significant disparities in access to information and opportunities in Ecuadorian society, such as the digital divide and the resulting lack of opportunities. The social, educational, and rights-related benefits of implementing public policies promoting digital inclusion are emphasized, with examples of international best practices provided. Ultimately, the article underscores the importance of government action to ensure that all Ecuadorians can practice their right to access information and communicate online.
- ÍtemAcceso AbiertoJuventud en riesgo: “Análisis de los factores que inciden en la delincuencia juvenil en Ecuador”(Universidad Católica de Cuenca., 2023) Saca Marca, Lizbeth Elizabeth; Ormaza Ávila, Diego Adrian; 0106250640This literature review addresses the study of juvenile delinquency in Ecuador from a legal and sociological perspective. The aim was to sociologically analyze the causes and their relationship with social factors, examining their impact on society and security. Likewise, this research was conducted using a qualitative approach, as everything related to juvenile delinquency was theoretically based on a descriptive study employing techniques such as literature review, interviews, and record-keeping. The study revealed that lack of access to educational and employment opportunities, economic inequality, and discrimination based on race, gender, culture, and other personal factors increase the vulnerability of young people to delinquency, generating social tensions and posing challenges to the protection of juvenile' rights.