Estándares a cumplir en los procesos judiciales frente al derecho de las niñas, niños y adolescentes a ser escuchados.

Abstract

In Ecuador, children have been recognized as subjects of rights since the UN Convention on the Rights of the Child. This situation has been determined through research performed by the comparative legal method, relating it with foreign legislation to obtain a suitable regulation model. As a participant in this convention, Ecuador adopted all the guidelines. Since the establishment of the Code of the Matter, in article 60, it is enacted that in all those processes in which the rights of children and adolescents are in discord, their opinions must be taken into account.

Through the historical legal method, it was possible to determine the standards of how the right of children and adolescents to be heard has been developed in Ecuador, with possible circumstances not contemplated in the legislation. Also, the damage caused to children and adolescents by not being heard is determined via jurisprudence analysis. It is observed that each process depends on each judge's capacity and diligence; that is to say, in each case, the processes are different.

The Childhood and Adolescence Code maintains the procedural norms typification, a fact that cannot happen since, from the publication of the General Organic Code of Processes (COGEP by its Spanish acronym), all the procedures in this matter should be contemplated in the already mentioned Code; however, this does not occur. This issue will be verified through the descriptive legal method.