Perspectiva constitucional de la protección por padres divorciados del derecho del niño.

Abstract

All children have the fundamental right to live, be raised and develop within their family of origin, except in exceptional cases determined judicially. The objective of this article is to analyze the constitutional perspective of the protection of the rights of the child by divorced parents in Ecuador. It is a legal analysis investigation based on a documentary review of the laws related to the topic under study. The design was framed in a legal dogmatism, the qualitative approach. The scope is descriptive. The sample was constituted by the legal documents. As a result, the Constitution enshrines the principle of the best interests of the child as a priority in all decisions that affect them. This principle is fundamental in divorce cases. It is concluded that the Constitution provides that decisions about the care and education of children will be made by mutual agreement between the parents.