“Análisis del conflicto jurídico entre los derechos del alimentante con enfermedades catastróficas y el principio de interés superior del niño en el Ecuador: Un estudio de la jurisprudencia constitucional 2015-2024”

Abstract

This paper focuses on the legal analysis of the conflict that arises when an individual is obligated to pay child support but suffers from a catastrophic illness that prevents them from fulfilling that responsibility. This conflict centers on the need to balance the child’s right to receive support with the rights of the supporter, who, due to a serious illness such as cancer, is unable to generate income to meet their child support obligations. The Constitution recognizes the rights of minors and the rights to health and life of the supporter. Ecuadorian legislation, including the Code on Children and Adolescents and the Constitution of the Republic of Ecuador, will be analyzed in relation to the best interests of the child, the rights of vulnerable individuals, and the need to protect persons with catastrophic illnesses who may be unable to fulfill their financial responsibilities, to determine an appropriate legal solution to issue.