Análisis de la sentencia 28-15-in-21 dictada por la corte constitucional del Ecuador, en relación a la patria potestad

Abstract

Parental authority is a legal figure regulated in Ecuadorian legislation. The Constitution of the Republic does not directly address parental authority over the rights of children and adolescents, but Article 69 promotes responsible parenthood and the obligation of care. With this research, an analysis of sentence 28-15-IN-21 issued by the Constitutional Court of Ecuador regarding the violation of the rights and the child’s best interest will be made through a bibliographic study and observatory to provide knowledge. The following conclusions were reached: the inapplicability of paragraphs 2 and 4 of Article 106 of the CONA establishes circumstances in which the minor is considered to have been abandoned, violating the child’s best interests. Regarding the applicability of Ruling 28-15-IN-21 in parental authority Patria Potestad, a specific ruling should be encouraged in this judgement since it adds fundamentals that formerly contained the legal figure of the custody as it was understood as the exclusive right of the father, which caused a profile of inequality between fathers and children; and fathers and mothers.