Alienación parental y su relación con la vulneración al interés superior del menor

Abstract

Parental filiation is the legal relationship of kinship that unites parents with children. From this, rights and obligations are born for both parties. These are determined through the Ecuadorian legislation, in which issues regarding filiation are developed. Now rights and obligations of this legal relationship can be affected by parental alienation syndrome, which is intended to break the bond of parents with children. It is known that this can affect children because it constantly shows insults or denigrating ways in which one of the parents treats the other. Consequently, it will provide a legal basis to establish this figure as a violation of parents' and children's rights to a healthy and harmonious coexistence. Methodological and scientific tools through legal argumentation based on doctrine and jurisprudence will be used to understand these foundations. These tools will allow us to clarify the legal transcendence and the importance of implementing parental alienation in the legal regulations, especially in the Children and Adolescents Legal Code, and sanction it. This proposal will help law exercise and the defense of children and adolescents, recognizing that they are a vulnerable group and should consider basic and fundamental principles that constitute the child's best interest.