LA RESPONSABILIDAD SUBSIDIARIA EN LA PRESTACIÓN ALIMENTICIA Y LA TRANSGRESIÓN DE LOS DERECHOS DEL ADULTO MAYOR COMO PARTE DE UN GRUPO DE ATENCIÓN PRIORITARIA

Abstract

This research aims to determine whether the subsidiary responsibility for food attributed to the elderly violates or not their rights —as they are entitled as a group of priority attention— since they are the first ones called by the law to comply with the provision of food in case of impediment or absence of the original obligors. The result of this study was that although the current regulation of this type of subsidiary responsibility in domestic legislation has resulted in the direct and notorious violation of the rights and guarantees provided in the Supreme Law and the International Instruments of Human Rights in favor of the elderly, it attempts to protect the right to food of children and adolescents as a vulnerable group of society. There is an evident lack of regulation that should be corrected through an amendment to Article 5 of the Ecuadorian Code of Childhood and Adolescence, in which the grandparents of the right holder are the last ones called to comply with this benefit, guaranteeing the priority attention consecrated in favor of these people.