79C3C34C52B45572883A05D425EB0F82
Code on Childhood and Adolescence. Law 100 Official Register 737 of January 3, 2003 (2014)
http://www.funcionjudicial.gob.ec/lotaip/index.php/component/phocadownload/category/1-nacional?download=283:codigo-de-la-ninez-y-adolescencia
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This file was generated: 2020-12-01 09:08:04
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator crime:
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p.000069: Art. 47.- Guarantees of access to adequate information.- To guarantee the right to information
p.000069: adequate, which is dealt with in the previous article, the State shall:
p.000069: a) Require the media to disseminate information and materials of social and cultural interest
p.000069: for children and adolescents;
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
p.000069: crime, that they have pornographic images or content or that they harm the minor's education; and,
p.000069: g) Require the audiovisual media to announce with sufficient anticipation and sufficient
p.000069: notoriety, the nature of the information and programs they present, and the age rating for their audience.
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
p.000069: messages and programs that incite violence, exploit fear or take advantage of children's lack of maturity,
p.000069: girls and adolescents to induce them to behavior harmful or dangerous to their health and safety
p.000069: personal and everything that violates morality or modesty.
p.000069: In any case, the application of measures or decisions related to this guarantee must faithfully observe
p.000069: the provisions of the Regulation for the Control of the Discretion of Administration Acts
p.000069: Public, issued by the President of the Republic.
p.000069: Note: Literal b) amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18, 19
p.000069: Art. 48.- Right to recreation and rest.- Children and adolescents have the right to recreation, to
p.000069: rest, games, sports and more activities typical of each evolutionary stage.
...
p.000069: 7. Order of departure of the aggressor from the house, if his coexistence with the victim involves a risk to
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 20
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: the physical, psychological or sexual security of the latter; and re-entry of the victim, if applicable;
p.000069: 8. Prohibition of the aggressor from approaching the victim or maintaining any type of contact with her;
p.000069: 9. Prohibition of the aggressor from making threats, directly or indirectly, against the victim or his relatives;
p.000069: 10. Suspension of the aggressor in the tasks or functions that he performs;
p.000069: 11. Suspension of the operation of the entity or establishment where the abuse occurred
p.000069: institutional, while the conditions that justify the measure last;
p.000069: 12. Participation of the aggressor or the staff of the institution in which the institutional abuse has occurred,
p.000069: in workshops, courses or any type of training events; and,
p.000069: 13. Follow-up by the social work teams, to verify the rectification of the
p.000069: abusive behaviors.
p.000069: In emergency cases that provide serious indications of aggression or threat to physical integrity,
p.000069: psychological or sexual of the boy, girl or adolescent or of flagrant crime, the authorized attention entities may
p.000069: provisionally execute the measures of numerals 2 to 9, 12 and 13, and report it to the authority
p.000069: competent within a maximum period of seventy-two hours, to order the final measures.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 80.- Legal medical examinations.- Legal medical examinations of a boy, girl or adolescent will be practiced in
p.000069: strict conditions of confidentiality and respect for the intimacy and physical and emotional integrity of the patient.
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
p.000069: Art. 81.- Right to protection against labor exploitation.- Children and adolescents have
...
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
p.000069: 5. Manifests lack of interest in maintaining with the son or daughter the parental relationships essential for their
p.000069: integral development, for a period of more than six months;
p.000069: 6. Serious or repeated breach of the duties imposed by parental authority; and,
p.000069: 7. Allow or induce begging of the son or daughter.
p.000069: Private one of the parents of parental authority, will exercise the other who is not
p.000069: disabled. If both are, the non-emancipated son will be given a guardian. In the absence of relatives
p.000069: called by law to exercise guardianship either because it does not exist or because they cannot assume it, the Judge will declare in it
p.000069: the decision of deprivation, the adoptability of the child or adolescent.
p.000069: When the behaviors described in this article constitute a crime of public action of official instance,
p.000069: the Judge will send a copy of the file ex officio to the corresponding Prosecutor to initiate the criminal process.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 279, 281, 303, 306, 308, 311, 367, 385
p.000069: Article 114.- Inadmissibility of limiting, suspending or depriving parental authority for economic reasons.- The circumstance of
p.000069: Lack of sufficient financial resources is not causal to limit, suspend or deprive the father or mother
p.000069: of parental authority. Neither will it be done when due to migration motivated by needs
p.000069: economic, the father, the mother or both must temporarily leave the son or daughter in the care of a relative
p.000069: consanguineous throughout the straight line or up to the fourth degree of the collateral line. In this case it can only be suspended
p.000069: parental authority for the purpose of entrusting guardianship to the relative who received the order.
p.000069: Art. 115.- Active legitimation.- They have the action to request the limitation, suspension or deprivation of the homeland.
p.000069: power:
p.000069: 1. The father or mother who is not affected by any of the causes that justify said measures;
p.000069: 2. Relatives up to the fourth degree of consanguinity;
p.000069: 3. The Ombudsman's Office, ex officio or at the request of a party;
p.000069: 4. The Cantonal Rights Protection Board, ex officio or at the request of a party; and,
...
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 8 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 328.- Detention for investigation.- The competent Judge may order the detention, for up to twenty-four hours,
p.000061: of an adolescent against whom there are reasonable presumptions of responsibility for illegal acts, when
p.000061: requested by the Prosecutor, in order to investigate a public action violation and justify that it is
p.000061: the presence of the adolescent is essential for this.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 329.- Detention to ensure the appearance.- The Prosecutor may request the Judge to order the arrest of a
p.000061: adolescent, for up to twenty-four hours, to ensure their appearance at the trial hearing.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 330.- Preventive internment.- The judge may only order the preventive internment of an adolescent in
p.000061: the following cases, provided there are sufficient indications of the existence of an infringement of public action
p.000061: and its authorship and complicity in the infraction investigated:
p.000061: a) Of the adolescents who do not turn fourteen years of age, in the trial of theft crimes with the result of
p.000061: death, homicide, murder, femicide, hit man, rape, extortive kidnapping, genocide, against humanity and
p.000061: organized crime.
p.000061: b) Of the adolescents who turn fourteen years old, in the trial of crimes sanctioned in the Organic Code
p.000061: Integral Penal with deprivation of liberty of more than five years.
p.000061: The preventive internment can be revoked at any time, ex officio or at the request of a party.
p.000061: Note: Literals a) and b) replaced by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 331.- Duration of the preventive internment.- The preventive internment may not exceed ninety days,
p.000061: after which the official responsible for the establishment in which he has been interned, will release the
p.000061: teenager immediately and without the need for a prior court order.
p.000061: Failure to comply with this provision by said official will be sanctioned with dismissal
p.000061: of the position, without prejudice to his criminal and civil liability.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 84
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 332.- Precautionary measures of patrimonial order.- To ensure civil liability, the Judge may order the
p.000061: kidnapping, retention or prohibition of alienating assets of the adolescent's professional property, in accordance with
p.000061: the law; or their legal representatives or people in charge of their care, in the terms of the Civil Code referring to
p.000061: bail.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 96, 422, 426, 427, 897, 900, 906, 907
p.000061: Art. 333.- Civil liability.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461, 1467, 1483, 1572
p.000061: TITLE IV
p.000061: OF THE JUDGMENT OF OFFENSES
p.000061: Chapter I
p.000061: The action and the procedural subjects
p.000061: Art. 334.- The exercise of the action. Exercise of action for the judgment of the adolescent
p.000061: corresponds only to the prosecutor. Private action offenses will be treated as criminal action
p.000061: public.
p.000061: Comprehensive reparations will proceed without the need for private accusation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 31
p.000061: Art. 334-A.- Prescriptions. The exercise of action in cases of crime will prescribe in three years and the
p.000061: contraventions in thirty days from its commission.
p.000061: Socio-educational measures will prescribe at the same time of their imposition. In no case will it be less than six months
p.000061: from the day the sentence was executed.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 334-B.- Related crimes. In the event that there are related crimes, the measure will be imposed
p.000061: socio-educational of the most serious crime.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 85
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 335.- The procedural subjects.- The procedural subjects are: The Prosecutors of Teenage Offenders and the adolescent
p.000061: indicted. The victim may participate in the process according to the rules of this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 336.- Prosecutors of offending adolescents. Prosecutors for teen offenders have the following
p.000061: attributions:
p.000061: 1. Direct the pre-procedural and procedural investigation.
p.000061: 2. Decide if the exercise of criminal action is justified according to the merit of your investigation.
p.000061: 3. Procure the forms for early termination of the process, where appropriate.
p.000061: 4. Decide the referral, where appropriate.
p.000061: 5. Request admission to the protection system for victims, witnesses and other procedural subjects.
p.000061: 6. Direct the Police investigation in the cases it instructs.
p.000061: 7. The other functions indicated in the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
...
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 342-A.- Hearing of flagrancy rating. In flagrant infringement cases, within twenty-four
p.000061: hours since the apprehension took place, the oral hearing will be held before the competent judge, in
p.000061: which will be classified as flagrant and the legality of the apprehension. The prosecutor will file charges and, if applicable
p.000061: request the precautionary and protective measures that the case warrants.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 342-B.- Mental disorder. The adolescent with permanent or transient mental disorder and committing a
p.000061: infraction, will not be criminally responsible, however, will be the competent judge
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 87
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: who will issue a proportional security measure, after a psychiatric report from a designated professional
p.000061: by the prosecutor.
p.000061: The competent judge will maintain the execution of the imposed measure or decree its revocation, ex officio or upon request.
p.000061: on the part, in audience, with a report from a psychiatrist designated for this purpose.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 343.- Duration of the instruction. The instruction stage will last forty-five days
p.000061: non-extendable, counted from the date of the hearing on charges, without prejudice to the fact that the prosecutor
p.000061: indicate a shorter period for its conclusion. In case of flagrant crime, the instruction will not exceed thirty days.
p.000061: If data appears in the process that presumes the participation of another adolescent in the investigated fact,
p.000061: The prosecutor will request a hearing for the bond. The instruction will remain open for a period
p.000061: additional twenty days, once, counted from the bonding hearing to be held within
p.000061: of the term provided for the instruction.
p.000061: The hearing will be held with the direct participation of the adolescent and his public or private defender.
p.000061: The prosecutor who fails to meet the deadlines indicated in this article, will be sanctioned as provided in the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 253
p.000061: Art. 344.- Conclusion of the Instruction. After the instruction, if the existence of the infraction is not determined
p.000061: investigated or the responsibility of the adolescent, the prosecutor will issue his abstentive opinion in writing and in a
p.000061: motivated within a maximum period of five days requesting the competent judge to dictate the dismissal. In this
p.000061: In this case, any precautionary measure that was ordered against the adolescent will cease immediately.
p.000061: In the event that the existence of the crime is determined and the adolescent is considered to have participated in the act,
p.000061: will request the competent judge to set a date and time for the evaluation and preparatory hearing for
p.000061: trial in which the prosecutor will issue his accusatory opinion.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Second Section
p.000061: Forms of early termination
p.000061: Art. 345.- Conciliation. The prosecutor may promote conciliation as long as the crime is punishable by penalties
p.000061: custodians of up to ten years.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 88
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: To promote conciliation, a meeting will be held with the adolescent, his parents or representatives present.
p.000061: legal or people who have it in their care and the victim, the Prosecutor will expose the possible accusation and hear
p.000061: propositions.
p.000061: If a preliminary agreement is reached, the Prosecutor will present it to the Judge, together with the eventual accusation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 346.- Conciliation Hearing.- Once the request for the Conciliation Hearing has been received, the Judge will summon
p.000061: to a hearing, which must be held no later than ten days after receiving the request, in the same
p.000061: will listen to the parties and if an agreement is reached, the respective minutes will be drawn up, which must contain the obligations
p.000061: established and the deadlines to make them effective.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 347.- Conciliation promoted by the judge. The competent judge may promote an agreement
p.000061: conciliatory, provided that the crime is punished with custodial sentences of up to ten years. This is
p.000061: will propose at the evaluation hearing and trial preparation. If the conciliation agreement is reached, it will appear in
p.000061: minutes according to the previous article.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 348.- Content of the obligations.- The obligations established in the agreement of
p.000061: conciliation may refer to the repair of the damage caused or the performance of certain activities
p.000061: Specific measures for the adolescent to assume his responsibility for the acts of which he is accused.
p.000061: The settlement agreement reached in the evaluation and preparatory hearing for trial or approval
p.000061: on the part of the judge of the agreement promoted by the public prosecutor they are obligatory and once fulfilled
p.000061: thoroughness, they end the process.
p.000061: In case of breach of the obligations contained in the agreement, the competent judge will continue substantiating the
p.000061: initial procedure.
p.000061: The period of fulfillment of the obligations contracted in the conciliation, will not be imputed for the computation of the
p.000061: prescription of action.
p.000061: If one or more of the victims does not accept the conciliation, the prosecution will continue and their right to
p.000061: compensation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 348-A.- Criminal mediation. Mediation allows the exchange of opinions between the victim and the adolescent,
...
p.000061: preparatory trial, may propose the suspension of the trial process, if the
p.000061: consent of the adolescent and these are crimes punishable by imprisonment of up to ten years.
p.000061: Once the petition is presented, the judge will call a hearing and if the victim attends, it will be heard. The presence of
p.000061: Adolescent advocate is a validity requirement.
p.000061: The suspension period of the trial process, is not imputed for the computation of the prescription of the action.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 90
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 349-A.- Suspension order.- The suspension order of the trial process will contain:
p.000061: 1. The detailed relationship of the facts and the determination of the criminal type.
p.000061: 2. The socio-educational measure of orientation and psycho-family partner support.
p.000061: 3. The repair of the damage caused, if applicable.
p.000061: 4. The conditions or terms of the agreed obligations, which cannot be less than a quarter of the time of
p.000061: the possible measure to be applied in case of being responsible for the crime and will never be greater than a third of the
p.000061: same.
p.000061: 5. The name of the institution responsible for providing psycho-family counseling or support and the reasons why
p.000061: justify.
p.000061: 6. The adolescent's obligation to inform the prosecutor of changes in the residence, workplace or educational center.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 350.- Fulfillment of the agreed obligations.- If the adolescent fulfills the obligations
p.000061: agreed, the Prosecutor will request the Judge to file the case, otherwise he will request that the process of
p.000061: judgment.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 351.- Referral with judicial authorization. It is possible to refer in the infractions sanctioned with penalties
p.000061: deprivation of liberty of up to five years, when the following requirements are met:
p.000061: 1. That the adolescent's consent is available.
p.000061: 2. That the adolescent has not been imposed a socio-educational measure or previous remission for a crime of equal or
p.000061: increased severity.
p.000061: For the referral, the adolescent will be taken to any psycho-family counseling and support program,
p.000061: community services or assisted freedom.
p.000061: The referral does not imply the recognition of the infraction by the adolescent and extinguishes the
p.000061: process as long as the program is fully complied with.
p.000061: The judge may grant the referral of the case at the request of the prosecutor or the adolescent. The petition will be proposed in the
p.000061: evaluation hearing and trial preparation. If the victim attends the hearing, they will be heard by
p.000061: the judge.
p.000061: The order granting the referral will contain the detailed account of the facts and the grounds
p.000061: legal; the determination of the orientation program to which he is sent and its duration.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 91
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 352.- Tax remission. If the investigated infringement is one of those sanctioned with a custodial sentence of
p.000061: up to two years and if the victim has been remedied for the damages resulting from the offense, the prosecutor
p.000061: may declare the referral of the case and archive the file.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
...
p.000061: Note: Section with its articles replaced by articles 359 to 363-e given by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 359.- Trial Hearing.- The trial hearing will be based on the tax indictment.
p.000061: The judge specialized in offending adolescents will declare the trial hearing installed, on the day and time
p.000061: indicated, with the presence of the public prosecutor of offending adolescents, the adolescent, together with his
p.000061: private or public defender.
p.000061: If, at the time of installing the audience, the adolescent is absent, he / she will feel the reason for this and
p.000061: He will suspend the hearing until he is present. The judge will arrange the necessary measures to ensure their
p.000061: appearance.
p.000061: If all the witnesses or experts summoned to give testimony do not appear, the judge will ask the
p.000061: procedural parties the relevance of continuing the hearing with those present listening to their
p.000061: arguments. Finally, the judge will decide whether or not to continue the hearing.
p.000061: On the appointed day and time, the judge will set up the oral trial, giving the floor to both the prosecution and the victim
p.000061: to be present, and to the adolescent's defense to present their opening arguments, before proceeding to the
p.000061: presentation and practice of tests.
p.000061: The practice of tests will be carried out according to the rules established in the Comprehensive Organic Penal Code.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 360.- Closing arguments.- Once the evidence is concluded, the judge will grant the floor to allege on
p.000061: the existence of the crime, the responsibility of the adolescent and the applicable socio-educational measure,
p.000061: according to the following order and provisions:
p.000061: 1. The prosecutor and the defense will present, in that order, their arguments or allegations. If the victim
p.000061: requiriere will intervene after the prosecutor. There will be a right of reply.
p.000061: 2. The judge will define in each case, the maximum extension of the intervention time for
p.000061: conclusion arguments, considering the volume of evidence seen at the hearing and the complexity of
p.000061: the charges resulting from the facts contained in the accusation.
p.000061: 3. Once the allegations are presented, the judge will declare the end of the debate and will deliberate to
p.000061: announce the oral judgment on responsibility and the socio-educational measure.
p.000061: 4. In case the adolescent's innocence is ratified, the judge will order his immediate freedom
p.000061: if it is deprived of it, it will lift all the precautionary measures imposed and issue without
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 94
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: delay the corresponding orders. The release order will proceed immediately even if it has not been executed.
p.000061: the sentence or appeals are filed.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 361.- The sentence.- The oral decision of the judge specialized in offending adolescents will be reduced to
p.000061: written in judgment.
p.000061: The sentence will contain both the reason for the existence of the infraction, the responsibility or not of the adolescent,
...
p.000061: 2014 .
p.000061: Art. 363-C.- Opportunity to execute the socio-educational measure.- The socio-educational measure will be met a
p.000061: once the sentence is executed.
p.000061: No pregnant adolescent, whatever their gestation period, may be deprived of their liberty or be
p.000061: notified with sentence, but ninety days after delivery.
p.000061: In no case will socio-educational deprivation of liberty measures be applied to adolescents who have
p.000061: permanent total disability that limits their performance.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-D.- Reparation in the sentence.- Every condemnatory sentence will contemplate the imposition of one or more
p.000061: conditions for the comprehensive reparation of the victim, in accordance with the following rules:
p.000061: 1. The victim must be identified and does not require having actively participated in the process.
p.000061: 2. Reparation will be discussed at the trial hearing.
p.000061: 3. If there is more than one person responsible, the judge will determine the type of reparation based on the circumstances.
p.000061: of the offense and the degree of participation as an author or accomplice, and if the crime was intentionally committed or
p.000061: guilty.
p.000061: 4. In the cases in which the victims are repaired for actions of a constitutional nature, the
p.000061: The judge will refrain from applying as a sanction the judicially determined forms of reparation.
p.000061: 5. If the repair is quantifiable in money, the necessary justification is required to fix the amount.
p.000061: 6. The obligation to make monetary reparation to the victim has first-class privilege over others.
p.000061: adolescent obligations. The judge will use the mechanisms provided by law for debt collection.
p.000061: 7. The judge may determine the payment methods, if they voluntarily accept the convicted adolescent and the
p.000061: victim.
p.000061: 8. In no case may the modality of payment of monetary reparation lead the adolescent or his representative
p.000061: legal to an economic situation that prevents their dignified subsistence.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-E.- Mechanisms for comprehensive reparation.-
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 96
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: The individual or collective integral reparation mechanisms are:
p.000061: 1. The restitution of the situation that existed if the wrongful act had not been committed.
p.000061: 2. Compensation for material and immaterial damage refers to compensation for any resulting damage
p.000061: as a consequence of an infraction and that is economically evaluable.
p.000061: 3. Non-pecuniary satisfaction measures aimed at repairing the non-pecuniary damage caused to the
p.000061: victim.
...
p.002014: The adolescent, his legal representatives or those responsible for his care and his
p.002014: public or private defender.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 102
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: The Center Coordinator, based on the motivated reports of the technical team, may request the Judge to
p.002014: revocation of a modification granted. Before deciding, the Judge will listen to the adolescent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 387.- Non-compliance with socio-educational measures.- In case of non-compliance with the socio-educational measures of
p.002014: imposition of rules of conduct, counseling and psycho-family partner support or community service, the
p.002014: Judge will impose the measure of assisted liberty or home confinement for the remaining time of the
p.002014: initial measure.
p.002014: In case of non-compliance with the socio-educational measures of assisted freedom, home internment,
p.002014: weekend internment and semi-open internment, the judge will impose the measure
p.002014: immediately superior socio-educational for the remaining time of the initial measurement.
p.002014: When the teenager runs away from the establishment, he will be prosecuted for the crime of evasion, without prejudice
p.002014: that when apprehended again the missing time of the initial measure will be fulfilled.
p.002014: The Coordinator will present to the judge the reports of non-compliance with the measure, issued by the technical team of the
p.002014: Center for adolescent offenders or the zonal Unit for the comprehensive development of adolescent offenders, who then
p.002014: if this non-compliance is duly verified for reasons attributable to the adolescent, the superior measure will be imposed.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 388.- Continuity of compliance with socio-educational measures for adults.
p.002014: sentenced upon reaching the age of majority will continue with the imposed socio-educational measure. If it is a
p.002014: deprivation of liberty socio-educational measure, will remain in a special section in the same
p.002014: Teenage offenders.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 389.- Emerging exits.- The adolescent is guaranteed emergent exit from the center of
p.002014: institutional internment for:
p.002014: a) Receive specialized medical attention, when it cannot be provided at the center.
p.002014: b) Attend the burial of their ascendants or descendants in the first degree, their spouse or partner in common law, as well
p.002014: as if to visit them in their bed of serious illness.
...
p.002014: weekend internment and semi-open regime internment.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 104
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 3. Internment section for the fulfillment of socio-educational institutional internment measures
p.002014: closed regime.
p.002014: Within the sections determined in numerals 2 and 3 there will be four subsections:
p.002014: a) Adolescents under the age of fifteen.
p.002014: b) Adolescents between fifteen and eighteen years of age.
p.002014: c) Those over eighteen years of age and up to twenty-four years.
p.002014: d) Those over twenty-four years of age.
p.002014: The Center coordinator will take care of the proper preparation for the transition in each of these
p.002014: subsections.
p.002014: All specialized care sections will have adequate living, communal and living areas for the
p.002014: development of activities and programs.
p.002014: The centers of adolescent offenders will only host adolescents of the same sex. In the cities where not
p.002014: there are centers separated by sex, adolescents can be accommodated, provided the environments are fully
p.002014: separated.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 394.- Admission.- An adolescent will only enter the Center for adolescent offenders with authority order
p.002014: competent or for having been arrested for a flagrant crime.
p.002014: Teens detained for research will be admitted to an existing temporary reception section
p.002014: throughout the Teenage Offender Center.
p.002014: From the moment the adolescent enters the Center, they will be informed in a clear and simple way about their rights,
p.002014: duties, rules and routines of coexistence in the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 395.- Compulsory health examination.- Adolescents will undergo a medical examination at the time of their admission and
p.002014: of their departure from the centers of adolescent offenders and they will be provided, if necessary, care and treatment
p.002014: doctor.
p.002014: If there are indications of aggression against physical, psychological or sexual integrity, the health professional has the
p.002014: obligation to report this fact to the prosecution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 396.- Internal and external security of the centers of offending adolescents.- Internal security and
p.002014: external of the centers of deprivation of liberty of adolescents, will be the responsibility of the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: External security will be the responsibility of the specialized Police for Children and Adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
...
Searching for indicator illegal:
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p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
...
p.000069: the validity that the law confers for the celebration of certain acts;
p.000069: 2. People who have turned fifteen also have the legal capacity to enter into
p.000069: work according to the rules of this Code; and,
p.000069: 3. To celebrate the acts and contracts that are included in the object of an organization
p.000069: student, labor, cultural, artistic, environmental, sports or neighborhood, of which they are legal representatives or legitimate
p.000069: representatives in the exercise of their right of association and whose amount does not exceed two thousand dollars.
p.000069: Adolescents may directly exercise those legal actions aimed at the exercise and protection of their
p.000069: rights and guarantees. Boys and girls may directly request help for the protection of their rights when
p.000069: they must direct the action against their legal representative.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 82 CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: CIVIL CODE (BOOK IV), Arts. 1453, 1461, 1462, 1463, 1486
p.000069: COMMERCE CODE, Arts. 6, 8, 9, 483 LABOR CODE, Arts. 35
p.000069: Art. 66.- Responsibility of children and adolescents.- Boys and girls are exempt from responsibility
p.000069: legal. For their harmful acts and acts, their parents or guardians will respond civilly in cases and forms.
p.000069: provided for in the Civil Code.
p.000069: Adolescents are responsible for their legal acts and illegal acts, under the terms of this Code. its
p.000069: civil liability for the acts or contracts they enter into will be effective on their professional property
p.000069: or industrial or on the assets of the association that they represent in accordance with the provisions of the previous article,
p.000069: according to the case.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1698, 1702, 2219, 2220, 2221
p.000069: TITLE IV
p.000069: OF THE PROTECTION AGAINST MISTREAT, ABUSE, SEXUAL EXPLOITATION, TRAFFICKING AND LOSS OF CHILDREN AND ADOLESCENTS
p.000069: Art. 67.- Concept of mistreatment.- Abuse is understood as all conduct, of action or omission, that causes or may
p.000069: cause harm to the physical, psychological or sexual integrity or health of a child or adolescent by
p.000069: anyone, including their parents, other relatives,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 17
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: educators and caregivers; Whatever the means used for the effect, its consequences and
p.000069: the time necessary for the recovery of the victim. The treatment is included in this rating
p.000069: negligent or serious or repeated negligence in fulfilling the obligations towards children and
...
p.000069: law, without prejudice to the corresponding administrative investigations and sanctions.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 4
p.000069: Art. 69.- Concept of sexual exploitation.- Prostitution and pornography constitute sexual exploitation.
p.000069: childish. Child prostitution is the use of a child or adolescent in sexual activities in exchange for
p.000069: remuneration or any other remuneration. Child pornography is any representation, by any
p.000069: medium, of a boy, girl and adolescent in explicit, real or simulated sexual activities; or your organs
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
p.000069: the delivery or receipt of undue payments or benefits aimed at obtaining the consent of
p.000069: the parents, persons or institution in whose charge the child or adolescent is.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 46
p.000069: Art. 71.- Concept of loss of children or adolescents.- For the purposes of this Code, it is considered
p.000069: loss of children or adolescents, their voluntary or involuntary absence from the home, educational establishment or
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
...
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 74.- Prevention and policies regarding the matters covered by this title.- The State
p.000069: adopt legislative, administrative, social, educational and other measures, which are
p.000069: necessary to protect children and adolescents against the behaviors and acts provided for in this title, and
p.000069: will promote policies and programs aimed at:
p.000069: 1. Assistance to children and adolescents and to the persons responsible for their care and protection, in order to
p.000069: prevent these forms of violation of rights;
p.000069: 2. The prevention and investigation of cases of mistreatment, sexual abuse and exploitation, trafficking and
p.000069: lost;
p.000069: 3. The search, recovery and family reintegration, in cases of loss, plagiarism, illegal transfer and trafficking; and,
p.000069: 4. The promotion of a culture of good treatment in daily relationships between adults, boys, girls and adolescents.
p.000069: In the development of the policies and programs referred to in this article, the
p.000069: participation of society, family, children and adolescents.
p.000069: Art. 75.- Prevention of institutional abuse.- The State will plan and implement administrative measures,
p.000069: legislative, pedagogical, protection, care, care and others that are necessary, in institutions
p.000069: public and private, in order to eradicate all forms of mistreatment and abuse, and to improve relationships
p.000069: between adults and boys, girls and adolescents, and of these among themselves, especially in the environment of their daily life.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 19
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Administrative, pedagogical, training, traditional cultural practices, protection, care,
p.000069: care and of any other kind carried out by any public or private institution, must respect the
p.000069: rights and guarantees of children and adolescents, and to exclude all forms of mistreatment and abuse.
p.000069: Art. 76.- Cultural practices of mistreatment.- It will not be admitted as justification of the practices to which it refers
p.000069: neither this mitigation nor the effect of establishing the consequent responsibilities, the allegation
p.000069: that they constitute training methods or that they are traditional cultural practices.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: Art. 77.- Protection against the illegal transfer and retention of children and adolescents. - The transfer is prohibited.
p.000069: and the retention of children and adolescents when they violate the exercise of parental authority, the
p.000069: visiting regime or the rules on authorization to leave the country.
p.000069: Children and adolescents who have been transferred or held illegally, have the right to be reinstated to
p.000069: their family environment and to enjoy visits from their parents and other relatives in accordance with the provisions of this
p.000069: Code.
p.000069: The State will take all the necessary measures to achieve the family return and reintegration of the child or
p.000069: adolescent who is in the situation provided for in this article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272, 283
p.000069: Art. 78.- Right to protection against other forms of abuse.- Children and adolescents have the right to be
p.000069: provide protection against:
p.000069: 1. The consumption and improper use of alcoholic beverages, tobacco, narcotic drugs and psychotropic substances;
p.000069: 2. Participation in the production, marketing and advertising of the substances and objects to which the
...
p.000061: must be proven, it will call the evidence hearing that must be held not earlier than fifteen nor after twenty days
p.000061: counted from the date of the signaling.
p.000061: Art. 274.- Provisional resolution.- In lawsuits on parental authority, provision of maintenance and
p.000061: visitation regime, the judge will necessarily make a provisional determination on the claim of the
p.000061: plaintiff, in the same hearing that the previous article deals with. If there is agreement of the
p.000061: parents in this regard, will end the trial.
p.000061: This fixation may be modified in the manner indicated in article 278.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 355
p.000061: Art. 275.- Evidence hearing.- In the evidence hearing, actor and defendant, in the same order, will present the
p.000061: evidentiary means that would have been duly announced, beginning with the examination of the witnesses, which may be
p.000061: questioned by the defenders of both parties, and the reports of the technicians, who must respond to the
p.000061: observations and requests for clarification or extension that they make.
p.000061: By the Clerk of the Court, a summary reading of the documents added by the parties and of the official documents will be given.
p.000061: reports that have been received.
p.000061: The interrogations of the defense attorneys will be made directly to the witnesses, experts and
p.000061: counterparty, without the need for mediation by the Judge, who may only object, ex officio or at the request of a party, the
p.000061: questions that you consider unconstitutional, illegal, disrespectful, or impertinent regarding prosecution.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 73
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: After the test, the defenders, starting with the actor's, will be able to present their allegations on the
p.000061: test given.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 207, 219, 221, 257
p.000061: Art. 276.- Deferral of the hearing and recess.- At the request of either party, the trial hearing may
p.000061: be deferred once and for up to five business days.
p.000061: Once started, if the extension of the evidence justifies it, the Judge may order a recess for the same term
p.000061: indicated in the previous paragraph.
p.000061: Art. 277.- Auto resolution.- The Judge will pronounce an auto resolution within the five days following the hearing.
p.000061: Art. 278.- Modification of the resolution.- At the request of the interested party and the contrary party has heard,
p.000061: the Judge may modify the decision at any time, in accordance with the previous article, if
p.000061: it proves that the circumstances that it had in mind to issue it have varied.
p.000061: Art. 279.- Appeal. - The party that is not satisfied with the resolution, may appeal it.
p.000061: before the superior, within the term of three days of notification.
p.000061: The appeal document must specify the points to which the appeal is contracted and without this requirement the instance
p.000061: superior will consider you not brought. In any case, the appeal will be granted only in the reimbursement effect. The
p.000061: Lower judge will send the file to the superior within the term of five days following the granting of the
...
p.000061: Prosecutor for Teenage Offenders with a detailed report on the circumstances of the arrest, the
p.000061: material evidences and the identification of the possible witnesses and of the apprehensors.
p.000061: When it has been practiced by any other person, it must be delivered immediately to the police unit or agent
p.000061: closest, those that will proceed in the manner indicated in the previous paragraph.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 83
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: If the detainee shows signs of physical abuse, the Prosecutor will order his transfer to a
p.000061: health facility and will open the investigation to determine the cause and type of injuries and those responsible.
p.000061: When the fact that motivated the adolescent's deprivation of liberty is not classified as an offense
p.000061: By the Comprehensive Organic Penal Code, the Prosecutor will immediately release him.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 8 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 328.- Detention for investigation.- The competent Judge may order the detention, for up to twenty-four hours,
p.000061: of an adolescent against whom there are reasonable presumptions of responsibility for illegal acts, when
p.000061: requested by the Prosecutor, in order to investigate a public action violation and justify that it is
p.000061: the presence of the adolescent is essential for this.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 329.- Detention to ensure the appearance.- The Prosecutor may request the Judge to order the arrest of a
p.000061: adolescent, for up to twenty-four hours, to ensure their appearance at the trial hearing.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 330.- Preventive internment.- The judge may only order the preventive internment of an adolescent in
p.000061: the following cases, provided there are sufficient indications of the existence of an infringement of public action
p.000061: and its authorship and complicity in the infraction investigated:
p.000061: a) Of the adolescents who do not turn fourteen years of age, in the trial of theft crimes with the result of
p.000061: death, homicide, murder, femicide, hit man, rape, extortive kidnapping, genocide, against humanity and
p.000061: organized crime.
p.000061: b) Of the adolescents who turn fourteen years old, in the trial of crimes sanctioned in the Organic Code
p.000061: Integral Penal with deprivation of liberty of more than five years.
...
p.000061: formal regarding what has been done. If pertinent, they will be corrected at the same hearing.
p.000061: 2. The judge will decide on questions of procedure, preliminary ruling, competence and
p.000061: procedural issues that may affect the validity of the process. Nullity will always be declared
p.000061: that may influence the decision of the process or cause defenselessness. Any omission will hold the
p.000061: judges who incur it, who will be sentenced on the respective coasts.
p.000061: 3. The judge will give the prosecution the floor to expose the grounds of his accusation. Then it will intervene
p.000061: the victim, if present, and the adolescent's advocate.
p.000061: 4. At this hearing, proposals for conciliation, suspension of the trial process, or
p.000061: remission.
p.000061: 5. After the intervention of the procedural subjects, if there are no procedural defects that affect the validity
p.000061: procedural will continue the hearing, for which the parties must:
p.000061: a) Announce the evidence that will be presented at the trial hearing, make requests and
p.000061: approaches that they consider relevant regarding the offer of evidence made by others
p.000061: intervening parties.
p.000061: b) Request the exclusion, rejection or inadmissibility of the evidence, in accordance with the provisions of the
p.000061: Law, that are aimed at proving notorious facts or that for any other reason do not require proof.
p.000061: The judge will rule in a motivated way rejecting the objection or accepting it and in the latter case, will declare what
p.000061: Evidence is ineffective until then procedural excluding the practice of illegal means of evidence.
p.000061: c) The evidentiary agreements will be made by mutual consensus between the parties or at the request of one of them when the
p.000061: fact it is unnecessary to prove, including on the appearance of the experts to give testimony on
p.000061: the reports submitted.
p.000061: 6. In no case will the judge order the practice of evidence ex officio.
p.000061: 7. After the interventions of the procedural subjects, the judge will verbally announce his resolution of
p.000061: dismiss or call a trial hearing; and, within forty-eight hours the announced resolution will be
p.000061: forwarded in writing and motivated.
p.000061: 8. At the end, the reason for the completion of the hearing that includes the identity of the
p.000061: appearing and the decision of the judge.
p.000061: If an anticipated form of termination or suspension of the process is accepted, the judge will proceed in accordance
p.000061: as provided in the rules for remission, suspension to trial and conciliation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 357.- Call for a trial hearing.- In the same announcement of your decision to call a
p.000061: Judging hearing, the Judge will set a day and time for its realization and will order the bio-physical examination -
p.000061: social of the adolescent that must be practiced by the Technical Office before the hearing.
p.000061: This hearing must be carried out within a period of not less than ten nor greater than fifteen days from the
p.000061: announcement date.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 93
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 358.- Announcement of evidence.-
...
Political / Indigenous
Searching for indicator indigenous:
(return to top)
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
p.000069: Art. 8.- Co-responsibility of the State, society and the family.- It is the duty of the State, society and the family,
p.000069: within their respective areas, adopt political, administrative, economic, legislative measures,
p.000069: social and legal that are necessary for full validity, effective exercise, guarantee, protection and
p.000069: enforceability of all children's rights; girls and adolescents.
p.000069: The State and society will formulate and apply social and economic public policies; and they will allocate resources
p.000069: sufficient financial resources, in a stable, permanent and timely manner.
p.000069: Art. 9.- Basic function of the family.- The law recognizes and protects the family as the natural and fundamental space
p.000069: for the integral development of children and adolescents.
p.000069: Priority corresponds to the father and the mother, the shared responsibility of respect, protection and
...
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 8
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: from the other parent.
p.000069: If the identity or address of both parents is unknown, the child or adolescent
p.000069: will register by judicial or administrative order, with two names and two surnames in common use in the country. Will be respected
p.000069: the name by which it has been known and your opinion will be taken into account when possible. Registration may be
p.000069: requested by the person in charge of the protection program in charge of the child or by the Protection Board of
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
p.000069: be registered with proper names of the respective language. The Civil Registry authorities have the obligation to
p.000069: register these names without any limitation or objection.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 64 CIVIL CODE (BOOK I), Arts. 60
p.000069: GENERAL LAW OF CIVIL REGISTRY IDENTIFICATION AND IDENTIFICATION, Arts. 32
p.000069: Art. 37.- Right to education.- Children and adolescents have the right to a quality education. East
p.000069: Law demands an educational system that:
p.000069: 1. Guarantee the access and permanence of all boys and girls to basic education, as well as
p.000069: adolescent through high school or its equivalent;
p.000069: 2. Respect the cultures and specificities of each region and place;
p.000069: 3. Consider flexible and alternative educational proposals to meet the needs of all
p.000069: Children and adolescents, with priority for those who have disabilities, work or live in a situation that requires
p.000069: greater opportunities to learn;
p.000069: 4. Ensure that children and adolescents have teachers, teaching materials, laboratories,
p.000069: adequate premises, facilities and resources and enjoy a favorable environment for learning. This right includes
...
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
p.000069: Art. 43.- Right to cultural life.- Children and adolescents have the right to participate
p.000069: freely in all expressions of cultural life.
p.000069: In the exercise of this right they can access any public show that has been qualified
p.000069: as suitable for his age, by the competent authority.
p.000069: It is the obligation of the State and sectional governments to promote cultural, artistic and
p.000069: sports to which children and adolescents have access.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 22, 377
p.000069: Art. 44.- Cultural rights of indigenous and black or Afro-Ecuadorian peoples.- All care and
p.000069: care for children and adolescents of nationalities and indigenous peoples, black or Afro-Ecuadorian, shall
p.000069: respect the worldview, cultural reality and knowledge of their respective nationality or people and take into account their
p.000069: specific needs, in accordance with the Constitution and the law.
p.000069: Public and private care entities that provide services to such children and
p.000069: adolescents, must coordinate their activities with the corresponding entities of those nationalities or
p.000069: towns.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 45, 57, 58, 377
p.000069: Art. 45.- Right to information.- Children and adolescents have the right to search and choose
p.000069: information; and to use the different means and sources of communication, with the limitations
p.000069: established in the law and those derived from the exercise of parental authority.
p.000069: It is the duty of the State, society and the family to ensure that children and adolescents receive a
p.000069: adequate, truthful and pluralistic information; and provide them with guidance and critical education that allows them
p.000069: properly exercise the rights indicated in the previous paragraph.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 16, 18, 19, 94
p.000069: Art. 46.- Prohibitions related to the right to information.- It is prohibited:
p.000069: 1. The circulation of publications, videos and recordings aimed at and intended for children and
...
p.000069: 1. Adoption will be resorted to when the family support and family reintegration measures have been exhausted;
p.000069: 2. Priority will be given to national adoption over international adoption. International adoption will be exceptional;
p.000069: 3. Priority will be given to adoption by legally constituted heterosexual couples, over adoption by
p.000069: single people;
p.000069: 4. Members of the child's or adolescent's family of origin will be preferred as adopters, up to the fourth
p.000069: degree of consanguinity;
p.000069: 5. The boy and girl, whenever they are in a position to do so, must be heard in the process of
p.000069: adoption and their opinions will be valued according to the evolutionary and emotional development of each one. It is mandatory the
p.000069: adolescent consent;
p.000069: 6. Adopted persons have the right to know their status, their origin, their personal history
p.000069: and his inbred family, unless there is an express prohibition on the latter;
p.000069: 7. Candidates for adopters must be suitable persons;
p.000069: 8. Children, adolescents and adopter candidates must receive adequate preparation
p.000069: for adoption; and,
p.000069: 9. In cases of adoption of children and adolescents belonging to peoples and nationalities
p.000069: indigenous and Afro - Ecuadorian, adopters from their own culture will be preferred.
p.000069: Art. 154.- Unconditionality and irrevocability of the adoption.- The adoption cannot be subject to
p.000069: modalities and, once perfected, is irrevocable. Any condition that is imposed by those who must
p.000069: giving your consent will be deemed not written, without affecting the validity of the adoption.
p.000069: Art. 155.- Prohibition of undue economic benefits.- Obtaining of undue economic benefits is prohibited.
p.000069: as a consequence of adoption. Who conditions the consent for the adoption to an economic consideration
p.000069: and whoever mediates in this matter for profit, will be sanctioned as provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248, 252
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 44
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 156.- Limitation on the separation of siblings.- Only in exceptional cases may they be separated, for
p.000069: cause of adoption, children or adolescent siblings who have family relationships with each other. When i will
p.000069: hiciere, the necessary measures must be taken to ensure that the personal relationship and communication are preserved
p.000069: among them.
p.000069: The opinion of the boy or girl who expresses the desire to stay with their siblings, as well as the verification of a
p.000069: affective bond between them, must be specially considered by the Judge as antecedents that make
p.000069: adoption not recommended. In the same case, the Judge may not order the adoption against the express will of the
p.000069: Teen.
...
p.000061: respecting the conditions and requirements of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000061: Art. 308.- Principle of legality.- Adolescents may only be tried for acts considered
p.000061: as crimes by the Organic Comprehensive Criminal Code prior to the fact attributed to it and according to the
p.000061: procedure established in this Code.
p.000061: No action will be taken if there are causes of blame or causes of disclaimer.
p.000061: The application, execution and control of socio-educational measures will comply with the provisions of this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 309.- Objectives of the investigation and the determination of responsibility.- The trial process,
p.000061: in addition to establishing the degree of participation of the adolescent in the fact of which he is accused, it aims to
p.000061: investigate the circumstances of the event, the adolescent's personality and behavior, and the family and social environment in
p.000061: which is developed, so that the Judge can, according to the rules established in this Code, apply the
p.000061: the most appropriate socio-educational measure to strengthen the adolescent's respect for human rights and
p.000061: fundamental freedoms of third parties, promoting the reintegration of the adolescent and that he assumes a role
p.000061: constructive in society.
p.000061: Art. 310.- Responsibility of adolescents from indigenous communities.- Judgment and application
p.000061: of socio-educational measures for adolescent offenders belonging to communities
p.000061: indigenous, for acts committed in their communities, shall comply with the provisions of this Code.
p.000061: TITLE II
p.000061: OF THE RIGHTS AND GUARANTEES IN THE JUDGMENT
p.000061: Art. 311.- Presumption of innocence.- The innocence of the adolescent is presumed and will be treated as such until the
p.000061: has established in accordance with law, in an enforced resolution, the existence of the punishable act and its responsibility
p.000061: at.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 79
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 312.- Right to be informed.- Every adolescent investigated, detained or questioned has the right to
p.000061: be informed immediately, personally and in their mother tongue, or through sign language if there is a deficiency
p.000061: In communication:
p.000061: 1. On the reasons for the investigation, interrogation, arrest, the authority that ordered them, the
p.000061: identity of those who investigate, interrogate or detain him and the actions initiated against him; and,
p.000061: 2. About your right to remain silent, to request the presence of a lawyer and to communicate
p.000061: with a family member or with anyone you indicate.
p.000061: The adolescent will have the free assistance of an interpreter, if he does not understand or speak the
p.000061: language used.
...
Political / Prosecuted
Searching for indicator prosecuted:
(return to top)
p.000061: editions and packaging of products contravene the prohibitions contained in article 46;
p.000061: 3. Those responsible for establishments and shows, public or private, that admit boys, girls and
p.000061: teens to shows and shows not rated as age-appropriate; and,
p.000061: 4. People who promote or allow any form of participation, public or private, of children,
p.000061: girls and adolescents in programs, commercial messages and shows whose content is inappropriate for their age.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 251.- Infractions against the right to privacy and image.- They will be sanctioned with a fine
p.000061: indicated in article 248:
p.000061: 1. The media, those responsible for programming or editing, and journalists, who disseminate
p.000061: information that allows or enables the identification of a teenager involved in criminal prosecution, or
p.000061: from their relatives;
p.000061: 2. The media and persons indicated in the previous numeral, that publish or exhibit reports, voice or image or any
p.000061: data or information that allows the identification of a child or adolescent who has been the object of any form of
p.000061: sexual abuse or maltreatment;
p.000061: 3. Public officials who by any means, directly or indirectly, do or allow them to be done
p.000061: public the police or judicial records of the adolescents that have been investigated,
p.000061: prosecuted or deprived of their liberty for a criminal offense, in contravention of the provisions
p.000061: by article 53;
p.000061: 4. Those who use the image of a child or adolescent in any means of communication or advertising resource
p.000061: without the express authorization of the latter or his legal representative; and,
p.000061: 5. Natural or legal persons who distort, ridicule or exploit through any means the image of
p.000061: children or adolescents with disabilities.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 252.- Infractions related to adoption.- They will be sanctioned with the fine indicated in the article
p.000061: 248:
p.000061: 1. Those who condition consent for adoption to any consideration of a character
p.000061: economic; and,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 67
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 2. The tutor who adopts his pupil without having previously approved the accounts of his administration.
p.000061: Article 253.- Other infractions sanctioned with a fine.- They will be sanctioned with the fine indicated in article 248:
p.000061: 1. The directors of health facilities that deny the provision of emergency medical services to a
p.000061: boy, girl or adolescent; or the safe stay of a newborn with his mother; or that in any way
p.000061: breaches the obligations described in article 30, if it does not result in death or serious and permanent damage
...
p.002014: Coordinator of the Center, if it meets the scheduled time for each execution regime.
p.002014: The adolescent, his legal representatives or those responsible for his care and his
p.002014: public or private defender.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 102
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: The Center Coordinator, based on the motivated reports of the technical team, may request the Judge to
p.002014: revocation of a modification granted. Before deciding, the Judge will listen to the adolescent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 387.- Non-compliance with socio-educational measures.- In case of non-compliance with the socio-educational measures of
p.002014: imposition of rules of conduct, counseling and psycho-family partner support or community service, the
p.002014: Judge will impose the measure of assisted liberty or home confinement for the remaining time of the
p.002014: initial measure.
p.002014: In case of non-compliance with the socio-educational measures of assisted freedom, home internment,
p.002014: weekend internment and semi-open internment, the judge will impose the measure
p.002014: immediately superior socio-educational for the remaining time of the initial measurement.
p.002014: When the teenager runs away from the establishment, he will be prosecuted for the crime of evasion, without prejudice
p.002014: that when apprehended again the missing time of the initial measure will be fulfilled.
p.002014: The Coordinator will present to the judge the reports of non-compliance with the measure, issued by the technical team of the
p.002014: Center for adolescent offenders or the zonal Unit for the comprehensive development of adolescent offenders, who then
p.002014: if this non-compliance is duly verified for reasons attributable to the adolescent, the superior measure will be imposed.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 388.- Continuity of compliance with socio-educational measures for adults.
p.002014: sentenced upon reaching the age of majority will continue with the imposed socio-educational measure. If it is a
p.002014: deprivation of liberty socio-educational measure, will remain in a special section in the same
p.002014: Teenage offenders.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 389.- Emerging exits.- The adolescent is guaranteed emergent exit from the center of
p.002014: institutional internment for:
p.002014: a) Receive specialized medical attention, when it cannot be provided at the center.
p.002014: b) Attend the burial of their ascendants or descendants in the first degree, their spouse or partner in common law, as well
...
Political / Refugee Status
Searching for indicator refugee:
(return to top)
p.000069: special protection and assistance from the State, outside the rehabilitation centers, through modalities
p.000069: of care that ensure their right to family and community coexistence and to direct personal relationships and
p.000069: regular with their parents.
p.000069: Art. 57.- Right to special protection in cases of disasters and armed conflicts.- Boys, girls and
p.000069: adolescents have the right to special protection in cases of natural disasters and armed conflict
p.000069: internal or international. This protection will be expressed, among other measures, in the priority provision of means of
p.000069: evacuation of affected areas, accommodation, food, medical care and medicines.
p.000069: The State guarantees unrestricted respect for the rules of international humanitarian law in favor of
p.000069: the children and adolescents referred to in this article; and will assure the resources, means and mechanisms
p.000069: so that they reintegrate into social life with the fullness of their rights and duties.
p.000069: It is prohibited to recruit or allow the direct participation of children and adolescents in internal armed hostilities.
p.000069: and international.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 42, 46
p.000069: Article 58.- Right of refugee children and adolescents.- Children and adolescents who request or
p.000069: Those who have been granted refugee status have the right to receive humanitarian protection and assistance
p.000069: necessary for the full enjoyment of your rights. The same right assists their parents and people
p.000069: in charge of your care.
p.000069: Chapter v
p.000069: Participation rights
p.000069: Art. 59.- Right to freedom of expression.- Children and adolescents have the right to
p.000069: express themselves freely, to seek, receive and disseminate information and ideas of all kinds, orally, in writing or
p.000069: any other means they choose, with the only restrictions imposed by law, public order, health or
p.000069: public morals to protect the security, rights and fundamental freedoms of others.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 18, 66
p.000069: Art. 60.- Right to be consulted.- Children and adolescents have the right to be
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 15
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: consulted on all matters that affect them. This opinion will be taken into account to the extent of their age and maturity.
p.000069: No child or adolescent may be forced or pressured in any way to express their opinion.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 61
...
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
p.000061: of the rights of children and adolescents must contemplate the coordinated action of all entities
p.000061: responsible, at national and local level, in order to optimize the resources and efforts that are made.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 46
p.000061: TITLE III
p.000061: POLICY DEFINITION, PLANNING, CONTROL AND EVALUATION AGENCIES
p.000061: Art. 194.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 195.- Functions of the National Council.- Corresponds to the Ministry in charge of matters of economic inclusion and
p.000061: Social:
p.000061: a) Define and evaluate compliance with the National Policy for the Comprehensive Protection of Children and
p.000061: Adolescence, ensure the correspondence of sectoral and sectional policies with the national policy of
...
Political / criminal
Searching for indicator criminal:
(return to top)
p.000069: treatment based on the recognition of their dignity and respect for differences.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 13
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 52.- Prohibitions related to the right to dignity and image. It's prohibited:
p.000069: 1. The participation of children and adolescents in programs, advertising messages, in productions of
p.000069: pornographic content and in shows whose content is inappropriate for their age;
p.000069: 2. The use of children or adolescents in programs or shows of political proselytizing or
p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
...
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
p.000069: 5. Manifests lack of interest in maintaining with the son or daughter the parental relationships essential for their
p.000069: integral development, for a period of more than six months;
p.000069: 6. Serious or repeated breach of the duties imposed by parental authority; and,
p.000069: 7. Allow or induce begging of the son or daughter.
p.000069: Private one of the parents of parental authority, will exercise the other who is not
p.000069: disabled. If both are, the non-emancipated son will be given a guardian. In the absence of relatives
p.000069: called by law to exercise guardianship either because it does not exist or because they cannot assume it, the Judge will declare in it
p.000069: the decision of deprivation, the adoptability of the child or adolescent.
p.000069: When the behaviors described in this article constitute a crime of public action of official instance,
p.000069: the Judge will send a copy of the file ex officio to the corresponding Prosecutor to initiate the criminal process.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 279, 281, 303, 306, 308, 311, 367, 385
p.000069: Article 114.- Inadmissibility of limiting, suspending or depriving parental authority for economic reasons.- The circumstance of
p.000069: Lack of sufficient financial resources is not causal to limit, suspend or deprive the father or mother
p.000069: of parental authority. Neither will it be done when due to migration motivated by needs
p.000069: economic, the father, the mother or both must temporarily leave the son or daughter in the care of a relative
p.000069: consanguineous throughout the straight line or up to the fourth degree of the collateral line. In this case it can only be suspended
p.000069: parental authority for the purpose of entrusting guardianship to the relative who received the order.
p.000069: Art. 115.- Active legitimation.- They have the action to request the limitation, suspension or deprivation of the homeland.
p.000069: power:
p.000069: 1. The father or mother who is not affected by any of the causes that justify said measures;
p.000069: 2. Relatives up to the fourth degree of consanguinity;
p.000069: 3. The Ombudsman's Office, ex officio or at the request of a party;
p.000069: 4. The Cantonal Rights Protection Board, ex officio or at the request of a party; and,
p.000069: 5. The legal representatives or directors of the care entities in which a child or
p.000069: Teen.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 305, 306
...
p.000069: when it is necessary to establish the parent-child relationship.
p.000069: Art. 11.- Conditions for DNA testing.- The comparative examination will have probative value in court.
p.000069: of deoxyribonucleic acid (DNA) band or sequence patterns practiced by specialized laboratories
p.000069: public and private, that have qualified experts by the Prosecutor's Office. In the case of laboratories
p.000069: Private must have the operating permit of the Ministry of Public Health.
p.000069: The identity of the person to whom the sample belongs will be verified by means of the identity card
p.000069: or citizenship or passport or any other mechanism that reliably ensures the identity of the person
p.000069: and, the registration of your fingerprint. Identification and sampling will be done in the presence of the authority that the
p.000069: orders or its delegate, the expert and the parties or those who represent them.
p.000069: DNA test results are confidential. All movement of the sample must be registered with
p.000069: indication of the date, time and the name and identification of the people who intervened. The Judge may
p.000069: arrange for police assistance, the intervention of medical lawyers or other experts at the request of the party
p.000069: interested, to ensure the authenticity and reliability of the taking of samples, their examination, custody and
p.000069: transport.
p.000069: Art. 12.- Responsibility of the experts.- The experts will be administrative, civil and criminal
p.000069: responsible for the procedures and methodology, false or adulterated results of the tests they perform and
p.000069: for the reports they issue, without prejudice to the joint civil liability of the laboratory in which
p.000069: The expertise and disqualification of the expert by the Prosecutor's Office have been practiced. This responsibility extends to
p.000069: facts and acts of the people who intervene under his direction or dependency in said tests or reports.
p.000069: Art. 13.- Sufficiency of the DNA test.- The DNA test with the conditions of suitability and security provided
p.000069: in this law, it will be considered sufficient to affirm or rule out paternity or maternity. Will not be
p.000069: admitted the delay of the cause through the request of new evidence, except
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 35
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: that it be founded and prove the breach of the conditions provided in this law.
p.000069: Art. 14.- How to provide alimony.- The Judge will fix the payment of the alimony and subsidies and
p.000069: mainly additional benefits, and, if requested by the food company or its representative, to
p.000069: through the deposit of a sum of money that must be made in advance monthly payments,
p.000069: within the first five days of each month, and, in the case of subsidies and additional benefits, on the date indicated
p.000069: for the effect; in the account indicated for it, whose deposit certificate will constitute proof for
p.000069: demonstrate the payment or lack of in favor of the beneficiary / or of who legally represents it.
p.000069: In addition, payment of alimony and subsidies and additional benefits of
p.000069: as follows:
p.000069: a) The constitution of usufruct rights, the receipt of a rental pension or other similar mechanism,
...
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Article 159.- Requirements for adopters.- Candidates for adopters must meet the following requirements:
p.000069: 1. Be domiciled in Ecuador or in one of the states with which Ecuador has signed agreements of
p.000069: adoption;
p.000069: 2. Be legally capable;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 45
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 3. Be in full exercise of political rights;
p.000069: 4. Be over twenty-five years old.
p.000069: 5. Have an age difference of not less than fourteen nor greater than forty-five years with the
p.000069: adopted. The minimum difference will be reduced to ten years when it comes to adopting the spouse's child or
p.000069: cohabiting, in cases of de facto union that meets legal requirements. These age limitations are not
p.000069: apply to cases of adoption between relatives. For couples, the age limits will apply
p.000069: to the spouse, or younger partner;
p.000069: 6. In the case of a couple of adopters, they must be heterosexual and have been together for more than three years, in marriage or
p.000069: de facto union that meets legal requirements;
p.000069: 7. Enjoy adequate physical and mental health to fulfill parental responsibilities;
p.000069: 8. Have indispensable economic resources to guarantee the adoptee the satisfaction of their needs
p.000069: basic; and,
p.000069: 9. Failure to record a criminal record for crimes punishable by imprisonment.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1462, 1463
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 73 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000061: 61
p.000061: Art. 160.- Adoption by the guardian.- The guardian can adopt the conservatee once he has legally ceased
p.000061: of his office and the accounts of his administration have been judicially approved.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 252
p.000061: Art. 161.- Necessary consents.- For the adoption the following are required
p.000061: consents:
p.000061: 1. Of the adolescent to be adopted;
p.000061: 2. The father and mother of the child or adolescent to be adopted, who have not been deprived
p.000061: of parental authority;
p.000061: 3. From the guardian of the child or adolescent;
p.000061: 4. Of the spouse or partner of the adopter, in cases of marriage or de facto union that meets the requirements
p.000061: legal; and,
p.000061: 5. The parents of the adolescent father or mother who consents to the adoption of their child.
p.000061: The Judge has the obligation to personally verify, at the corresponding hearing, that the
p.000061: consent has been freely and spontaneously granted; and that the Technical Adoption Unit of the Ministry of
p.000061: Social Welfare has fulfilled the obligations indicated in the following article.
p.000061: Matches:
...
p.000061: 1. Study and report on the physical, psychological, legal, family and social situation of the person who is going to
p.000061: be adopted
p.000061: 2. Declare the suitability of the candidates for adopters; and,
p.000061: 3. Assign, by administrative resolution, a family to a boy, girl or adolescent. This faculty
p.000061: it is exclusive to the corresponding Family Allowance Committee.
p.000061: Art. 166.- Prohibitions related to this phase.- It is prohibited:
p.000061: 1. The pre-allocation of a family to a child or adolescent, except in cases of difficult adoption,
p.000061: either due to illness, disability, age over 4 years or others duly justified; and,
p.000061: 2. The relationship of a child or adolescent before the legal declaration of adoptability, of the
p.000061: preparation, presentation and approval of the report on their physical, psychological, legal, family and social situation and
p.000061: of the declaration of suitability of the adopter.
p.000061: Officials of the Technical Adoption Unit, legal representatives or officials of the entities of
p.000061: Attention or the Judge, who breaches the prohibitions established in this article, will be sanctioned
p.000061: in accordance with this Code, without prejudice to administrative responsibilities,
p.000061: civil and criminal to which there may be.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000061: Art. 167.- Bodies in charge of the administrative phase.- Bodies in charge of the phase
p.000061: administrative are:
p.000061: 1. The Technical Adoption Units of the Ministry of Social Welfare; and,
p.000061: 2. The Family Allowance Committees.
p.000061: Art. 168.- Of the Technical Adoption Units.- Corresponds to the Technical Adoption Units:
p.000061: 1. Prepare or request and approve medical, psychological, legal, family and social reports related to the
p.000061: person to be adopted; and require any extensions or clarifications that are
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 47
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: necessary;
p.000061: 2. Study the adoption applications of the adopter candidates, evaluate the reports on the realization of
p.000061: adoptive parent training courses and declare their suitability;
p.000061: 3. Carry out the matching process provided by the Family Allowance Committees and present the
p.000061: respective reports;
p.000061: 4. Design and execute, directly or through authorized entities, the continuous process of
p.000061: adoptive parent training and post-adoption support services; and,
p.000061: 5. Regulate the procedures to guarantee that the child or adolescent is adopted by the person or persons
p.000061: best suited to your needs, characteristics and conditions. For this purpose, it will establish a system
...
p.000061: They will be financed by the Municipality with the resources established in this Code and more laws.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 299, 304
p.000061: Article 206.- Functions of the Cantonal Boards for the Protection of Rights.- Corresponds to the Boards of
p.000061: Protection of Rights:
p.000061: a) Know, ex officio or at the request of a party, the cases of threat or violation of rights
p.000061: boys and girls and adolescents individuals within the jurisdiction of the respective canton; and arrange the measures
p.000061: administrative protection that are necessary to protect the threatened right or restore the violated right;
p.000061: b) Monitor the execution of its measures;
p.000061: c) File the necessary actions before the competent judicial bodies in cases of
p.000061: failure to comply with its decisions;
p.000061: d) Require from public officials of the central and sectional administration, the information and
p.000061: documents that they require for the fulfillment of their functions;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 56
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: e) Keep the registry of the families, adults, children and adolescents of the respective Municipality to whom it has been
p.000061: applied protection measures;
p.000061: f) Report to the competent authorities the commission of administrative and criminal offenses against children,
p.000061: girls and adolescents;
p.000061: g) Monitor that the institutional regulations and practices of the attention entities do not violate the rights of the
p.000061: childhood and adolescence; and,
p.000061: h) The others that the law indicates.
p.000061: They will seek, with the support of authorized entities, the mediation and conciliation of the parties involved in the
p.000061: matters they are aware of, in accordance with the law.
p.000061: Article 207.- Integration of the Cantonal Boards of Protection of Rights.- The Cantonal Board of Protection of Rights
p.000061: It will be integrated with three main members and their respective alternates, who will be chosen by the Council.
p.000061: Cantonal de la Niñez y Adolescencia from among candidates accrediting technical training necessary to
p.000061: fulfill the responsibilities of the position, proposed by civil society. They will last three years in their
p.000061: functions and may be re-elected only once.
p.000061: The Regulations issued by the President of the Republic at the proposal of the National Council shall establish the rest
p.000061: requirements that must be met to be a member of these Boards, the inabilities and incompatibilities and
p.000061: the procedures for proposing and choosing them.
p.000061: Chapter II
p.000061: Other organisms of the system
p.000061: Art. 208.- Description.- They are also part of the National System for the Comprehensive Protection of Children and
p.000061: Adolescence the Ombudsman's Office, with the functions indicated in the Constitution and the law, the Ombudsmen
...
p.000061: Art. 250.- Violations against the right to information.- They will be sanctioned with the fine indicated in the article
p.000061: previous:
p.000061: 1. The media, cinemas, theaters and public shows and those responsible for their programming, which
p.000061: comply with the obligation to announce, with due anticipation, the nature and age classification for the audience
p.000061: or enter their programs;
p.000061: 2. Media directors, video and recording editors, and manufacturers
p.000061: and merchants of products aimed at children or adolescents, whose publications,
p.000061: editions and packaging of products contravene the prohibitions contained in article 46;
p.000061: 3. Those responsible for establishments and shows, public or private, that admit boys, girls and
p.000061: teens to shows and shows not rated as age-appropriate; and,
p.000061: 4. People who promote or allow any form of participation, public or private, of children,
p.000061: girls and adolescents in programs, commercial messages and shows whose content is inappropriate for their age.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 251.- Infractions against the right to privacy and image.- They will be sanctioned with a fine
p.000061: indicated in article 248:
p.000061: 1. The media, those responsible for programming or editing, and journalists, who disseminate
p.000061: information that allows or enables the identification of a teenager involved in criminal prosecution, or
p.000061: from their relatives;
p.000061: 2. The media and persons indicated in the previous numeral, that publish or exhibit reports, voice or image or any
p.000061: data or information that allows the identification of a child or adolescent who has been the object of any form of
p.000061: sexual abuse or maltreatment;
p.000061: 3. Public officials who by any means, directly or indirectly, do or allow them to be done
p.000061: public the police or judicial records of the adolescents that have been investigated,
p.000061: prosecuted or deprived of their liberty for a criminal offense, in contravention of the provisions
p.000061: by article 53;
p.000061: 4. Those who use the image of a child or adolescent in any means of communication or advertising resource
p.000061: without the express authorization of the latter or his legal representative; and,
p.000061: 5. Natural or legal persons who distort, ridicule or exploit through any means the image of
p.000061: children or adolescents with disabilities.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 252.- Infractions related to adoption.- They will be sanctioned with the fine indicated in the article
p.000061: 248:
p.000061: 1. Those who condition consent for adoption to any consideration of a character
p.000061: economic; and,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 67
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 2. The tutor who adopts his pupil without having previously approved the accounts of his administration.
p.000061: Article 253.- Other infractions sanctioned with a fine.- They will be sanctioned with the fine indicated in article 248:
p.000061: 1. The directors of health facilities that deny the provision of emergency medical services to a
p.000061: boy, girl or adolescent; or the safe stay of a newborn with his mother; or that in any way
p.000061: breaches the obligations described in article 30, if it does not result in death or serious and permanent damage
p.000061: for health, the child, adolescent or mother;
...
p.000061: of a boy, girl or adolescent, outside the cases expressly allowed by law;
p.000061: 7. The members of the Public Ministry, the defenders of childhood and adolescence, the public defenders or the
p.000061: public defenders, lawyers, experts, secretaries, officers, and clerks of the courts and tribunals, who
p.000061: unreasonably delay the judicial procedures regulated in this Code;
p.000061: 8. Those who use or allow the use of children or adolescents who have not reached the age of sixteen, in
p.000061: political or religious proselytizing programs or shows;
p.000061: 9. Commercial establishments and people who sell alcoholic beverages and cigarettes to minors
p.000061: eighteen years;
p.000061: 10. Those who violate the right to association, assembly and demonstration of children and
p.000061: adolescents, in the terms enshrined in this Code; and,
p.000061: 11. Public officials who impede the right of children and adolescents to their identity and
p.000061: ID.
p.000061: Note: Number 7. reformed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 729
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 66, 362, 365
p.000061: Article 254.- Sanction to the judges for the delay in the processing of the processes.- Without prejudice to the
p.000061: civil, administrative or criminal responsibilities that correspond, will be sanctioned with a fine equivalent to three
p.000061: dollars for each business day or fraction of the day that exceeds the maximum time of substantiation of the trials and
p.000061: administrative procedures that know, in accordance with the provisions of this Code, the
p.000061: Judge Ministers of the Supreme Court and Superior Courts, the Judges of Children and Adolescents and the
p.000061: members of the Boards of Protection of Rights.
p.000061: In the case of judges, judges, civil servants and judicial servants, the infraction will be
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 68
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: known and sanctioned by the National Council of the Judiciary. Members of the Councils for Children and Adolescents
p.000061: and of the Boards of Protection of Rights will be judged and sanctioned by the Judge of Children and Adolescents of the
p.000061: respective jurisdiction.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 172
p.000061: TITLE X
p.000061: THE ADMINISTRATION OF JUSTICE OF CHILDREN AND ADOLESCENCE
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 255.- Specialty.- Establish the Administration of Specialized Justice for Children and
p.000061: Adolescence, integrated into the Judicial Function, for the knowledge and resolution of matters
p.000061: related to the protection of the rights and guarantees of children and adolescents regulated in this Code.
p.000061: Art. 256.- Guiding principles.- The Administration of Specialized Justice for Children and
p.000061: Adolescence will guide its actions and resolutions with strict adherence to the principles, rights, duties and
p.000061: responsibilities established in this Code.
p.000061: Its management is also inspired by the principles of humanity in the application of law, prioritization
p.000061: of equity over the rituality of prosecution, legality, independence, gratuitousness, morality,
p.000061: speed and efficiency.
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000061: Art. 257.- Guarantees of due process.- In all judicial proceedings that are substantiated pursuant to this
p.000061: Code, people will have the inviolability of the defense, the contradiction, the challenge, the
p.000061: immediacy, the right to be heard and other guarantees of due process.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 258.- Testimony of the offended boy, girl and adolescent.- In all judicial or
p.000061: administrative, the judge or the competent authority, will ensure that the best interests of the child or
p.000061: teenager who has been offended by the commission of a criminal offense.
p.000061: The child or adolescent will declare without oath, in the presence of their parents or guardian.
p.000061: If they do not have them, the Judge will designate and possess a special curator on the spot, preferring for the effect
p.000061: to a trusted person of the declarant.
p.000061: The declaration must be practiced in a reserved manner and under conditions that respect privacy, physical integrity and
p.000061: emotional of the child or adolescent. The procedural parties may witness the statement, if the Judge
p.000061: considers that it does not violate the best interests of the child or adolescent.
p.000061: After the declaration, the judge may authorize the interrogation of the parties through him.
p.000061: The Judge will not allow the questions that contravene the provisions of this
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 69
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 515
p.000061: CIVIL PROCEDURE CODE, Arts. 122, 138, 152, 209
p.000061: Chapter II
p.000061: Organs of the Administration of Specialized Justice for Children and Adolescents
p.000061: Art. 259.- Jurisdictional bodies.- The Administration of Specialized Justice for Children and
p.000061: Adolescence is made up of the Courts for Children and Adolescents and the Courts for Adolescents
p.000061: Violators.
...
p.000061: Art. 299.- Financing of the Cantonal Councils for Children and Adolescents and Cantonal Boards
p.000061: for the Protection of Children and Adolescents.-
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 77
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 300.- Of the National Fund for the Protection of Children and Adolescents.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 301.- Of the sources of resources.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 302.- Of municipal funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 303.- Of the administration of the funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Article 304.- Of the sources of resources of the municipal funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: BOOK FOUR
p.000061: RESPONSIBILITY OF THE ADOLESCENT OFFENDER
p.000061: TITLE I
p.000061: GENERAL DISPOSITION
p.000061: Art. 305.- Unimputability of adolescents.- Adolescents are criminally imputable and, therefore,
p.000061: they will not be judged by ordinary criminal judges nor will the sanctions provided for in the criminal laws be applied to them.
p.000061: Art. 305-A.- Verification of age and identity. The verification of the age and identity of the
p.000061: adolescents will be held before the first hearing, for which they will resort to:
p.000061: 1. Any public identification document; or,
p.000061: 2. The pertinent scientific evidence carried out by an expert.
p.000061: In case of adolescent refusal to carry out the scientific test, the prosecutor will request a court order to
p.000061: the practice of expertise guaranteeing due process.
p.000061: In no case will the deprivation of liberty be decreed for the purposes of verifying age or identity.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 306.- Responsibility of adolescents.- Adolescents who commit offenses typified in the
p.000061: Organic Comprehensive Criminal Code will be subject to socio-educational measures for their responsibility in accordance with the
p.000061: precepts of this Code.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 78
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 307.- Non-imputability and exemption of responsibility of boys and girls.- Boys and girls are absolutely
p.000061: they are not imputable and neither are they responsible; therefore, they are not subject to judgment or
p.000061: socio - educational measures contemplated in this Code.
p.000061: If a boy or girl is surprised in cases that may be considered flagrancy according to the article
p.000061: 326, will be delivered to their legal representatives and, if they do not have them, to a service entity. It's prohibited
p.000061: his detention and preventive internment.
p.000061: When the need to take protective measures arises from the circumstances of the case, these will be taken
p.000061: respecting the conditions and requirements of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000061: Art. 308.- Principle of legality.- Adolescents may only be tried for acts considered
p.000061: as crimes by the Organic Comprehensive Criminal Code prior to the fact attributed to it and according to the
p.000061: procedure established in this Code.
p.000061: No action will be taken if there are causes of blame or causes of disclaimer.
p.000061: The application, execution and control of socio-educational measures will comply with the provisions of this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 309.- Objectives of the investigation and the determination of responsibility.- The trial process,
p.000061: in addition to establishing the degree of participation of the adolescent in the fact of which he is accused, it aims to
p.000061: investigate the circumstances of the event, the adolescent's personality and behavior, and the family and social environment in
p.000061: which is developed, so that the Judge can, according to the rules established in this Code, apply the
p.000061: the most appropriate socio-educational measure to strengthen the adolescent's respect for human rights and
p.000061: fundamental freedoms of third parties, promoting the reintegration of the adolescent and that he assumes a role
p.000061: constructive in society.
p.000061: Art. 310.- Responsibility of adolescents from indigenous communities.- Judgment and application
p.000061: of socio-educational measures for adolescent offenders belonging to communities
p.000061: indigenous, for acts committed in their communities, shall comply with the provisions of this Code.
p.000061: TITLE II
p.000061: OF THE RIGHTS AND GUARANTEES IN THE JUDGMENT
...
p.000061: OF THE REPUBLIC OF ECUADOR, Arts. 169
p.000061: Art. 316.- Right to be instructed on procedural actions.- The adolescent has the right to be instructed with
p.000061: clarity and precision by its defender, the Prosecutor, the team, the Technical Office and especially by the Judge,
p.000061: about the meaning, objectives and consequences of each of the actions and steps of the process.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 75, 77
p.000061: Art. 317.- Reservation guarantee.- The adolescent's private life and privacy will be respected in all instances of the
p.000061: process. The causes in which a teenager is involved will be processed confidentially. To their audiences only
p.000061: In addition to the judicial officials ordered by the Judge, the Teenage Prosecutor may attend
p.000061: Offenders, advocates, the adolescent, their legal representatives, and a family member or a trusted person,
p.000061: if so requested by the adolescent. The other persons who must intervene as witnesses or experts will remain in
p.000061: hearings the time strictly necessary to render their testimonies and reports and respond to
p.000061: interrogation of the parties.
p.000061: Any form of information dissemination that makes it possible to identify the adolescent or
p.000061: their families. Natural or legal persons who contravene the provisions of this article will be sanctioned in
p.000061: the form provided in this Code and other laws.
p.000061: Judicial, administrative and police officials will maintain secrecy and confidentiality about
p.000061: the criminal and police records of the adolescent offenders, who upon release have the right to
p.000061: have your file closed and destroyed. The original sentence or certified copy of it will be kept
p.000061: to keep a record for statistical purposes, for a possible filing of the appeal for review.
p.000061: With the exception of adolescents sentenced for crimes with a custodial sentence of more than ten years, the
p.000061: A criminal record certificate will not contain records of infractions committed while the person was
p.000061: Teen. Whoever does it will be subject to the sanctions of the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 251 CONSTITUTION OF
p.000061: THE REPUBLIC OF ECUADOR, Arts. 66
p.000061: Art. 318.- Guarantees of due process and challenge.- They are recognized in favor of the adolescent
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 81
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: all the guarantees of due process have been tried.
p.000061: The judicial resolutions are challengeable before the superior and the socio-educational measures applied
p.000061: are subject to revision, in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 319.- Proportionality guarantees.- The offending adolescent is guaranteed the due
p.000061: proportionality between the attributed offense and the socio-educational measure applied.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 320.- Judged thing.- Any form of termination of the process prevents a new
p.000061: investigation or prosecution for the same fact, even if its legal qualification is modified or known
...
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 330.- Preventive internment.- The judge may only order the preventive internment of an adolescent in
p.000061: the following cases, provided there are sufficient indications of the existence of an infringement of public action
p.000061: and its authorship and complicity in the infraction investigated:
p.000061: a) Of the adolescents who do not turn fourteen years of age, in the trial of theft crimes with the result of
p.000061: death, homicide, murder, femicide, hit man, rape, extortive kidnapping, genocide, against humanity and
p.000061: organized crime.
p.000061: b) Of the adolescents who turn fourteen years old, in the trial of crimes sanctioned in the Organic Code
p.000061: Integral Penal with deprivation of liberty of more than five years.
p.000061: The preventive internment can be revoked at any time, ex officio or at the request of a party.
p.000061: Note: Literals a) and b) replaced by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 331.- Duration of the preventive internment.- The preventive internment may not exceed ninety days,
p.000061: after which the official responsible for the establishment in which he has been interned, will release the
p.000061: teenager immediately and without the need for a prior court order.
p.000061: Failure to comply with this provision by said official will be sanctioned with dismissal
p.000061: of the position, without prejudice to his criminal and civil liability.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 84
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 332.- Precautionary measures of patrimonial order.- To ensure civil liability, the Judge may order the
p.000061: kidnapping, retention or prohibition of alienating assets of the adolescent's professional property, in accordance with
p.000061: the law; or their legal representatives or people in charge of their care, in the terms of the Civil Code referring to
p.000061: bail.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 96, 422, 426, 427, 897, 900, 906, 907
p.000061: Art. 333.- Civil liability.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461, 1467, 1483, 1572
p.000061: TITLE IV
p.000061: OF THE JUDGMENT OF OFFENSES
p.000061: Chapter I
p.000061: The action and the procedural subjects
p.000061: Art. 334.- The exercise of the action. Exercise of action for the judgment of the adolescent
p.000061: corresponds only to the prosecutor. Private action offenses will be treated as criminal action
p.000061: public.
p.000061: Comprehensive reparations will proceed without the need for private accusation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 31
p.000061: Art. 334-A.- Prescriptions. The exercise of action in cases of crime will prescribe in three years and the
p.000061: contraventions in thirty days from its commission.
p.000061: Socio-educational measures will prescribe at the same time of their imposition. In no case will it be less than six months
p.000061: from the day the sentence was executed.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 334-B.- Related crimes. In the event that there are related crimes, the measure will be imposed
p.000061: socio-educational of the most serious crime.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 85
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 335.- The procedural subjects.- The procedural subjects are: The Prosecutors of Teenage Offenders and the adolescent
p.000061: indicted. The victim may participate in the process according to the rules of this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 336.- Prosecutors of offending adolescents. Prosecutors for teen offenders have the following
p.000061: attributions:
p.000061: 1. Direct the pre-procedural and procedural investigation.
p.000061: 2. Decide if the exercise of criminal action is justified according to the merit of your investigation.
p.000061: 3. Procure the forms for early termination of the process, where appropriate.
p.000061: 4. Decide the referral, where appropriate.
p.000061: 5. Request admission to the protection system for victims, witnesses and other procedural subjects.
p.000061: 6. Direct the Police investigation in the cases it instructs.
p.000061: 7. The other functions indicated in the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 337.- The victim.- The victim may report the facts to the prosecutor, participate in the process and
p.000061: file appeals, when it deems necessary for the defense of their interests.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: Art. 338.- Offended in crimes of public criminal action.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 339.-Note: Article repealed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Chapter II
p.000061: Stages of judgment
p.000061: Art. 340.- Stages.- The process for judging the adolescent has these stages:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 86
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Instruction.
p.000061: 2. Evaluation and Trial Preparation.
p.000061: 3. Judgment.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: First Section
p.000061: Prior Research and Instruction
p.000061: Note: Denomination of section title replaced by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 341.- Knowledge and initiation of the investigation.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 342.- Previous investigation. Before starting the investigation, the prosecutor may investigate the facts that
p.000061: Any means come to your attention in which the participation of a teenager is presumed.
p.000061: The previous investigation will not exceed four months in crimes punishable by deprivation of liberty of
p.000061: up to five years, or eight months in those sanctioned with a sentence of more than five years.
p.000061: Once the indicated periods have elapsed, the prosecutor, within a period of ten days, will carry out the criminal action or
p.000061: will file the cause, and in case of not doing so, said omission will be considered as a minor infraction according to the Code
p.000061: Organic of the Judicial Function.
p.000061: Within the periods established for the investigation, the prosecutor will request the competent judge to indicate the day and time
p.000061: for the charge hearing, provided there are sufficient elements.
p.000061: The charge formulation hearing will take place in accordance with the rules of the Organic Code
p.000061: Comprehensive Criminal Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 342-A.- Hearing of flagrancy rating. In flagrant infringement cases, within twenty-four
p.000061: hours since the apprehension took place, the oral hearing will be held before the competent judge, in
p.000061: which will be classified as flagrant and the legality of the apprehension. The prosecutor will file charges and, if applicable
p.000061: request the precautionary and protective measures that the case warrants.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 342-B.- Mental disorder. The adolescent with permanent or transient mental disorder and committing a
p.000061: infraction, will not be criminally responsible, however, will be the competent judge
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 87
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: who will issue a proportional security measure, after a psychiatric report from a designated professional
p.000061: by the prosecutor.
p.000061: The competent judge will maintain the execution of the imposed measure or decree its revocation, ex officio or upon request.
p.000061: on the part, in audience, with a report from a psychiatrist designated for this purpose.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 343.- Duration of the instruction. The instruction stage will last forty-five days
p.000061: non-extendable, counted from the date of the hearing on charges, without prejudice to the fact that the prosecutor
...
p.000061: conciliatory, provided that the crime is punished with custodial sentences of up to ten years. This is
p.000061: will propose at the evaluation hearing and trial preparation. If the conciliation agreement is reached, it will appear in
p.000061: minutes according to the previous article.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 348.- Content of the obligations.- The obligations established in the agreement of
p.000061: conciliation may refer to the repair of the damage caused or the performance of certain activities
p.000061: Specific measures for the adolescent to assume his responsibility for the acts of which he is accused.
p.000061: The settlement agreement reached in the evaluation and preparatory hearing for trial or approval
p.000061: on the part of the judge of the agreement promoted by the public prosecutor they are obligatory and once fulfilled
p.000061: thoroughness, they end the process.
p.000061: In case of breach of the obligations contained in the agreement, the competent judge will continue substantiating the
p.000061: initial procedure.
p.000061: The period of fulfillment of the obligations contracted in the conciliation, will not be imputed for the computation of the
p.000061: prescription of action.
p.000061: If one or more of the victims does not accept the conciliation, the prosecution will continue and their right to
p.000061: compensation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 348-A.- Criminal mediation. Mediation allows the exchange of opinions between the victim and the adolescent,
p.000061: during the process, so that they confront their points of view and manage to solve the conflict that
p.000061: keep. It may refer to the repair, restitution or compensation of the damages caused; realization or
p.000061: abstention from certain conduct; and, provision of services to the community.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 89
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: It will proceed in the same cases of conciliation.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-B.- Request. At any time until before the conclusion of the instruction stage, any subject
p.000061: procedural may request the judge, submit the case to mediation. Once accepted, the judge will refer a center
p.000061: specialized mediation.
p.000061: Parents, legal representatives, or caregivers of the adolescent will participate in the mediation
p.000061: together with the procedural subjects.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-C.- General rules. Mediation will be governed by the following rules:
p.000061: 1. Existence of free, informed and vice-free consent by the victim and the
p.000061: express, free and voluntary acceptance of the adolescent.
p.000061: 2. If there is a plurality of adolescents or victims, the process will continue with respect to those who do not attend the
p.000061: agreement.
p.000061: 3. In case of not reaching an agreement, the statements made at the mediation hearing will have no value
p.000061: any evidence.
p.000061: 4. The Judicial Council will keep a quantitative and personal record of the adolescent and their
p.000061: family, which will record the cases that are subject to mediation and the results of the
p.000061: same.
p.000061: 5. The mediation will be in charge of specialized mediators accredited by the Judicial Council.
p.000061: 6. The Judicial Council will organize mediation centers for adolescent matters.
p.000061: 7. Notifications will be made at the court, electronic court address or by email
p.000061: indicated by the procedural subjects.
p.000061: 8. The mediation record will be sent to the judge who referred the case to the respective mediation center.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-D.- Effects of mediation. Once the agreement is fulfilled, the judge will declare the criminal action extinguished. In
p.000061: In case of non-compliance, the initial process will continue.
p.000061: The terms of the agreement will not be imputed for the calculation of the prescription of the exercise of the action.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 349.- Suspension of the trial process. The prosecutor, even at the evaluation hearing and
p.000061: preparatory trial, may propose the suspension of the trial process, if the
p.000061: consent of the adolescent and these are crimes punishable by imprisonment of up to ten years.
p.000061: Once the petition is presented, the judge will call a hearing and if the victim attends, it will be heard. The presence of
p.000061: Adolescent advocate is a validity requirement.
p.000061: The suspension period of the trial process, is not imputed for the computation of the prescription of the action.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 90
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 349-A.- Suspension order.- The suspension order of the trial process will contain:
p.000061: 1. The detailed relationship of the facts and the determination of the criminal type.
p.000061: 2. The socio-educational measure of orientation and psycho-family partner support.
p.000061: 3. The repair of the damage caused, if applicable.
p.000061: 4. The conditions or terms of the agreed obligations, which cannot be less than a quarter of the time of
p.000061: the possible measure to be applied in case of being responsible for the crime and will never be greater than a third of the
p.000061: same.
p.000061: 5. The name of the institution responsible for providing psycho-family counseling or support and the reasons why
p.000061: justify.
p.000061: 6. The adolescent's obligation to inform the prosecutor of changes in the residence, workplace or educational center.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 350.- Fulfillment of the agreed obligations.- If the adolescent fulfills the obligations
p.000061: agreed, the Prosecutor will request the Judge to file the case, otherwise he will request that the process of
p.000061: judgment.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 351.- Referral with judicial authorization. It is possible to refer in the infractions sanctioned with penalties
p.000061: deprivation of liberty of up to five years, when the following requirements are met:
...
p.000061: up to two years and if the victim has been remedied for the damages resulting from the offense, the prosecutor
p.000061: may declare the referral of the case and archive the file.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 353.- Intervention of the Judge in cases of remission in crimes sanctioned with a minor correctional prison sentence
p.000061: To one year.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Third Section
p.000061: Assessment hearing and trial preparation
p.000061: Note: Denomination of section title replaced by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 354.- Tax accusation. The prosecutor will request the judge to indicate the day and time for the hearing of
p.000061: evaluation and trial preparation in which it will decide if there are sufficient merits to proceed to the trial of the
p.000061: Teen. This hearing will be held within a minimum period of six and a maximum of ten days from the
p.000061: date of request.
p.000061: The fiscal accusation must meet the requirements set forth in the Organic Comprehensive Criminal Code.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 355.- Call.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 74, 75, 76, 77 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 92
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 356.- Evaluation Hearing and trial preparation. The Assessment Hearing and
p.000061: preparatory trial will be conducted in accordance with the following rules:
p.000061: 1. Once the hearing is installed, the judge will request the procedural subjects to rule on the vices
p.000061: formal regarding what has been done. If pertinent, they will be corrected at the same hearing.
p.000061: 2. The judge will decide on questions of procedure, preliminary ruling, competence and
p.000061: procedural issues that may affect the validity of the process. Nullity will always be declared
p.000061: that may influence the decision of the process or cause defenselessness. Any omission will hold the
p.000061: judges who incur it, who will be sentenced on the respective coasts.
p.000061: 3. The judge will give the prosecution the floor to expose the grounds of his accusation. Then it will intervene
p.000061: the victim, if present, and the adolescent's advocate.
p.000061: 4. At this hearing, proposals for conciliation, suspension of the trial process, or
p.000061: remission.
...
p.000061: Art. 363-E.- Mechanisms for comprehensive reparation.-
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 96
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: The individual or collective integral reparation mechanisms are:
p.000061: 1. The restitution of the situation that existed if the wrongful act had not been committed.
p.000061: 2. Compensation for material and immaterial damage refers to compensation for any resulting damage
p.000061: as a consequence of an infraction and that is economically evaluable.
p.000061: 3. Non-pecuniary satisfaction measures aimed at repairing the non-pecuniary damage caused to the
p.000061: victim.
p.000061: 4. The guarantees of non-repetition, are oriented to the prevention of rights violations and the creation
p.000061: of sufficient conditions to avoid their repetition. They identify with the adoption of
p.000061: the necessary measures to avoid that the victims are affected with the commission of new infractions of the same
p.000061: gender.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Fifth Section The challenge
p.000061: Art. 364.- Presentation of the appeal. - The appeal is in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 320, 323, 330, 365
p.000061: Art. 365.- Processing in Superior Court.- Once the file has been received by the Superior Court, a
p.000061: a hearing for the parties to present their allegations.
p.000061: The processing before the Superior Court may not exceed forty-five days, counted from the entry of the case
p.000061: to the respective room.
p.000061: Art. 366.- Resources. The appeals, nullity, fact, cassation and review resources come from
p.000061: pursuant to the Organic Comprehensive Criminal Code.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 320, 321, 323, 330, 365
p.000061: Chapter III
p.000061: Judgment of contraventions
p.000061: Art. 367.- Competent Judge.- The Teenager Offender Judge is competent for the judgment of all
p.000061: contraventions committed by adolescents, including those of land transit.
p.000061: Art. 368.- Procedure.- The judgment will be made in a single hearing, previous summons to the
p.000061: teenager to whom the offense is attributed. The resolution will be pronounced in the same hearing,
p.000061: It must be motivated and there will be no recourse against it.
p.000061: The judgment may not exceed ten days from the commission of the contravention. TITLE V
p.000061: THE PARTNER - EDUCATIONAL MEASURES
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 97
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Title with its chapters and articles from 369 to 386 repealed by Law No. 0, published in
p.000061: Official Record Supplement 180 of February 10, 2014.
p.000061: BOOK FIVE
p.000061: SOCIO-EDUCATIONAL MEASURES
p.000061: Note: Book added by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.000061: TITLE I
p.000061: SOCIO-EDUCATIONAL MEASURES
p.000061: CHAPTER I COMMON PROVISIONS
p.000061: Note: Title with its chapters and articles added by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 370.- Scope.- The regime of socio-educational measures imposed on adolescents is applied by committing
p.000061: of criminal offenses typified in the Organic Comprehensive Criminal Code in accordance with article 319
p.000061: of this code.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 371.- Purpose of the socio-educational measures.- The socio-educational measures are intended to
p.000061: protection and development of adolescent offenders, guarantee their education, family integration and
p.000061: constructive inclusion to society, as well as promoting the exercise of the other rights of the
p.000061: person in accordance with the Constitution, international instruments ratified by Ecuador and this
p.000061: Book.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 372.- Classes of socio-educational measures.- The socio-educational measures are:
p.000061: 1. Deprivation of liberty.
p.000061: 2. Not custodial.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 373.- Appreciation of age.- For the imposition of socio-educational measures, the
p.000061: age of the adolescent at the date of the offense.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
...
p.002014: comprehensive development evaluation, results, observations and recommendations that
p.002014: presented quarterly to the entity in charge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 403.- The adolescent's discharge from the center.- The approximate date of the adolescent's discharge is informed to their
p.002014: relatives, representatives or persons in charge of their care and the competent judge.
p.002014: In order for the adolescent to continue with the training or education received during their
p.002014: stay in the center, you must be informed of the educational or training options in which
p.002014: You can be released.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 404.- Control and discipline measures.- The Center Coordinator, after the due observance
p.002014: process and the report of the technical team, will provide the application of control and discipline measures
p.002014: provided in the respective regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 405.- Assistance to the sanctioned adolescent.- The adolescent will be attended periodically by the services
p.002014: doctors, psychology, social work and education, who will monitor their evolution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 406.- Offenses that entail presumptions of criminal responsibility.- In the event that the offenses committed by the
p.002014: adolescents in the centers carry serious presumptions of criminal responsibility, the Center Coordinator
p.002014: will notify the Prosecutor's Office.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 107
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER II VISITATION REGIME
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 407.- Family and social relations.- In order to strengthen or reestablish relations with the
p.002014: family and community, a visiting regime will be guaranteed for the adolescent deprived of liberty.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 408.- Authorized visits.- Teenage offenders deprived of liberty have the right to
p.002014: maintain contact and receive visits. They can refuse to receive certain visits, for which
p.002014: They will deliver to the administration of the Center a list of people not authorized to visit it, which can be
p.002014: modified at verbal request.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 409.- Characteristics of the visiting regime.- Visits will be carried out in an atmosphere that
p.002014: allow privacy and intimacy and be consistent with human dignity, in places and conditions that guarantee the
p.002014: center security.
p.002014: This right will be exercised in equal conditions, without any type of discrimination.
...
p.002014: sanction or acquittal.
p.002014: In all cases where a judicial ruling is required, the administrative authority will send the file to
p.002014: juvenile offender judge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 421.- Disruption of order in the Centers for Teenage Offenders.- When there is a riot or a serious one
p.002014: disruption of order in a center, the Center Coordinator will request, if necessary, intervention
p.002014: of the specialized police for children and adolescents to the extent and the time necessary for the restoration of
p.002014: order.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 422.- Leakage.- In case of leakage, the Coordinator will arrange the immediate search and apprehension of the adolescent,
p.002014: all the means at their disposal and will bring this fact to the attention of the specialized judge.
p.002014: The entity in charge to establish the responsibility for said leak will also be informed, as well as the prosecution
p.002014: for your research.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 423.- Supplementary norms.- The norms contemplated in the Organic Comprehensive Penal Code are supplementary to this
p.002014: Book in what is not foreseen and in what is pertinent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: TITLE V
p.002014: PREVENTION OF CRIMINAL VIOLATION OF ADOLESCENTS
p.002014: Note: Title VI of the Fourth Book called "The prevention of criminal infraction of
p.002014: adolescents "and all its articles become part of the Fifth Book, and as Title V.-
p.002014: Articles 387.- Co-responsibility of the State and civil society, 388.- Supervision of the National Council of the
p.002014: Childhood and Adolescence, and 389.- Repeal, are numbered as articles 424, 425 and 426 respectively. Given by
p.002014: Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: Art. 424.- Co-responsibility of the State and civil society.- It is the responsibility of the State and society
p.002014: jointly define and execute the policies, plans, programs and actions aimed at
p.002014: comprehensive training of adolescents and the prevention of criminal offenses, and allocate the
p.002014: resources necessary for this.
p.002014: Note: Article renumbered by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: Art. 425.- Supervision of the Ministry in charge of matters of economic and social inclusion.- The Ministry
p.002014: responsible for economic and social inclusion issues will supervise and evaluate compliance with the
p.002014: provided in the previous article.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 111
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.002014: Note: Article renumbered by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: Art. 426.- Derogatory.- The following bodies and legal provisions are repealed:
p.002014: 1. The Minors Code: Law 170.PCL.RO-S 995 of August 7, 1992; and other regulatory regulations derived from
p.002014: referred Code.
p.002014: 2. The General Regulation to the Minors Code: DE 2766.RO 711 of June 7, 1995.
p.002014: Note: Article renumbered by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: TRANSITORY DISPOSITIONS
p.002014: First.- Those who hold the positions of Judge Ministers of the National Juvenile Court and District Courts
p.002014: Minors will become part of the Judicial Function, whose headquarters will be the city in which they
p.002014: exercised jurisdiction, within a period of sixty days, in accordance with the provisions of the National Council of the
p.002014: Judiciary.
p.002014: Second.- Those who are exercising the positions of Presidents of the Juvenile Courts will go to
p.002014: occupy the positions of Judges of Childhood and Adolescence, within a maximum period of sixty days, for which purpose, in the form
...
Political / displaced
Searching for indicator displaced:
(return to top)
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
p.000061: of the rights of children and adolescents must contemplate the coordinated action of all entities
p.000061: responsible, at national and local level, in order to optimize the resources and efforts that are made.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 46
p.000061: TITLE III
p.000061: POLICY DEFINITION, PLANNING, CONTROL AND EVALUATION AGENCIES
p.000061: Art. 194.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 195.- Functions of the National Council.- Corresponds to the Ministry in charge of matters of economic inclusion and
p.000061: Social:
p.000061: a) Define and evaluate compliance with the National Policy for the Comprehensive Protection of Children and
...
Political / person in detention center
Searching for indicator detained:
(return to top)
p.000061: investigate the circumstances of the event, the adolescent's personality and behavior, and the family and social environment in
p.000061: which is developed, so that the Judge can, according to the rules established in this Code, apply the
p.000061: the most appropriate socio-educational measure to strengthen the adolescent's respect for human rights and
p.000061: fundamental freedoms of third parties, promoting the reintegration of the adolescent and that he assumes a role
p.000061: constructive in society.
p.000061: Art. 310.- Responsibility of adolescents from indigenous communities.- Judgment and application
p.000061: of socio-educational measures for adolescent offenders belonging to communities
p.000061: indigenous, for acts committed in their communities, shall comply with the provisions of this Code.
p.000061: TITLE II
p.000061: OF THE RIGHTS AND GUARANTEES IN THE JUDGMENT
p.000061: Art. 311.- Presumption of innocence.- The innocence of the adolescent is presumed and will be treated as such until the
p.000061: has established in accordance with law, in an enforced resolution, the existence of the punishable act and its responsibility
p.000061: at.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 79
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 312.- Right to be informed.- Every adolescent investigated, detained or questioned has the right to
p.000061: be informed immediately, personally and in their mother tongue, or through sign language if there is a deficiency
p.000061: In communication:
p.000061: 1. On the reasons for the investigation, interrogation, arrest, the authority that ordered them, the
p.000061: identity of those who investigate, interrogate or detain him and the actions initiated against him; and,
p.000061: 2. About your right to remain silent, to request the presence of a lawyer and to communicate
p.000061: with a family member or with anyone you indicate.
p.000061: The adolescent will have the free assistance of an interpreter, if he does not understand or speak the
p.000061: language used.
p.000061: In all cases, the legal representatives of the investigated, questioned or detained, will be informed of
p.000061: righ now.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 77
p.000061: Art. 313.- Right to defense.- The adolescent has the right to an adequate professional defense during all
p.000061: instances of the process. When you do not have a private defender, you will be assigned, within a period of
p.000061: twenty-four hours, a specialized public defender, who will assume the case within twenty-four hours
p.000061: following notification of your assignment.
p.000061: The lack of defender will cause the nullity of everything acted in defenselessness.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 314.- Right to be heard and question.- At all stages of the process, the adolescent subjected to trial
p.000061: you have the right:
p.000061: 1. Free and complete access to documents and parts of the process;
p.000061: 2. To be heard in any instance of the process; and,
p.000061: 3. To question directly or through their defense attorney and orally, the witnesses and experts, who will be
p.000061: obliged to appear before the judge for this purpose.
p.000061: The adolescent may be heard and questioned by sign language in case of hearing impairment.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 315.- Procedural speed. - Judges, Prosecutors for Teenage Offenders, public or private defenders and
p.000061: the Technical Office of the Administration of Justice must promptly promote the actions
p.000061: judicial. Those who unduly delay the process followed against a teenager, will be sanctioned in the form
...
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 81
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: all the guarantees of due process have been tried.
p.000061: The judicial resolutions are challengeable before the superior and the socio-educational measures applied
p.000061: are subject to revision, in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 319.- Proportionality guarantees.- The offending adolescent is guaranteed the due
p.000061: proportionality between the attributed offense and the socio-educational measure applied.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 320.- Judged thing.- Any form of termination of the process prevents a new
p.000061: investigation or prosecution for the same fact, even if its legal qualification is modified or known
p.000061: new circumstances. Consequently, no adolescent may be tried more than once for the same cause.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 321.- Exceptional deprivation of liberty:
p.000061: The deprivation of freedom of the adolescent will only be ordered as a last resort, by written order of the Judge
p.000061: competent, in cases, for time and with the formalities prescribed by law. The internment
p.000061: preventive may be revoked at any stage of the process, ex officio or at the request of a party.
p.000061: Art. 322.- Separation of adults.- The adolescent who is detained, interned
p.000061: preventively or complying with a measure of deprivation of liberty, will do so in centers
p.000061: specialists who ensure their separation from adults also detained.
p.000061: TITLE III
p.000061: OF PRECAUTIONARY MEASURES
p.000061: Art. 323.- Object.- Precautionary measures are intended to ensure the adolescent's immediacy with the process and
p.000061: your eventual civil liability or that of your representative. These measures are of restrictive application. It's prohibited
p.000061: impose precautionary measures not provided for in this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 324.- Precautionary measures of a personal nature.- The Judge may order the following precautionary measures
p.000061: of a personal nature:
p.000061: 1. The adolescent's permanence in his own home, with the vigilance that the Judge provides;
p.000061: 2. The obligation to submit to the care of a care person or entity, who will inform
p.000061: regularly to the judge about the adolescent's behavior;
p.000061: 3. The obligation to appear before the Judge with the periodicity that the latter orders;
p.000061: 4. The prohibition to be absent from the country or town indicated by the Judge;
p.000061: 5. The prohibition to attend the places or meetings determined by the Judge;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 82
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 6. The prohibition to communicate with certain people that the Judge indicates, provided that this does not affect their right to
p.000061: family environment and adequate defense; and,
p.000061: 7. Deprivation of liberty, in the exceptional cases indicated in the following articles.
p.000061: Art. 325.- Conditions for the precautionary measure of deprivation of liberty.- To ensure immediate
...
p.000061: offenders who guarantee their safety, well-being and rehabilitation;
p.000061: 3. Any form of solitary confinement for a teenager deprived of liberty is prohibited; and,
p.000061: 4. In any case of deprivation of liberty, the age of the person affected must be verified and, in cases of doubt, it will be applied
p.000061: the presumption of article 5 and will be subject to the provisions of this Code until said presumption is destroyed
p.000061: according to law.
p.000061: The official who contravenes the provisions of this article will be removed from office by the
p.000061: corresponding authority.
p.000061: Art. 326.- Reasons for apprehension.- Police officers and anyone can apprehend a teenager:
p.000061: a) When he is caught in flagrant infraction of public action. There is flagrancy when it is apprehended
p.000061: to the author at the same moment of the commission of the offense or immediately after its commission, if it is
p.000061: apprehended with weapons, instruments, prints or documents related to the offense just committed;
p.000061: b) When you have escaped from a specialized detention center in which you were complying with a partner measure -
p.000061: educational; and,
p.000061: c) When the competent Judge has ordered the deprivation of liberty.
p.000061: No adolescent may be detained without a trial formula for more than twenty-four hours. Elapsed
p.000061: said period without being resolved on his arrest, the Coordinator or person in charge of the Internment Center will set it
p.000061: immediately released.
p.000061: No child may be detained, even in the event of a flagrant offense. In this event, it must be delivered from
p.000061: immediately to their legal representatives and, if they do not have them, to a service entity. It is prohibited to receive a child in a
p.000061: Internment Center; and if in fact it happens, the Center Coordinator will be removed from his post.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 327.- Procedure in cases of apprehension.- In the cases of the previous article, if the apprehension
p.000061: of the adolescent is carried out by police officers, they must immediately send it to the
p.000061: Prosecutor for Teenage Offenders with a detailed report on the circumstances of the arrest, the
p.000061: material evidences and the identification of the possible witnesses and of the apprehensors.
p.000061: When it has been practiced by any other person, it must be delivered immediately to the police unit or agent
p.000061: closest, those that will proceed in the manner indicated in the previous paragraph.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 83
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: If the detainee shows signs of physical abuse, the Prosecutor will order his transfer to a
p.000061: health facility and will open the investigation to determine the cause and type of injuries and those responsible.
...
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 104
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 3. Internment section for the fulfillment of socio-educational institutional internment measures
p.002014: closed regime.
p.002014: Within the sections determined in numerals 2 and 3 there will be four subsections:
p.002014: a) Adolescents under the age of fifteen.
p.002014: b) Adolescents between fifteen and eighteen years of age.
p.002014: c) Those over eighteen years of age and up to twenty-four years.
p.002014: d) Those over twenty-four years of age.
p.002014: The Center coordinator will take care of the proper preparation for the transition in each of these
p.002014: subsections.
p.002014: All specialized care sections will have adequate living, communal and living areas for the
p.002014: development of activities and programs.
p.002014: The centers of adolescent offenders will only host adolescents of the same sex. In the cities where not
p.002014: there are centers separated by sex, adolescents can be accommodated, provided the environments are fully
p.002014: separated.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 394.- Admission.- An adolescent will only enter the Center for adolescent offenders with authority order
p.002014: competent or for having been arrested for a flagrant crime.
p.002014: Teens detained for research will be admitted to an existing temporary reception section
p.002014: throughout the Teenage Offender Center.
p.002014: From the moment the adolescent enters the Center, they will be informed in a clear and simple way about their rights,
p.002014: duties, rules and routines of coexistence in the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 395.- Compulsory health examination.- Adolescents will undergo a medical examination at the time of their admission and
p.002014: of their departure from the centers of adolescent offenders and they will be provided, if necessary, care and treatment
p.002014: doctor.
p.002014: If there are indications of aggression against physical, psychological or sexual integrity, the health professional has the
p.002014: obligation to report this fact to the prosecution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 396.- Internal and external security of the centers of offending adolescents.- Internal security and
p.002014: external of the centers of deprivation of liberty of adolescents, will be the responsibility of the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: External security will be the responsibility of the specialized Police for Children and Adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 397.- Supervision and surveillance.- The specialized personnel responsible for the custody of the
...
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 408.- Authorized visits.- Teenage offenders deprived of liberty have the right to
p.002014: maintain contact and receive visits. They can refuse to receive certain visits, for which
p.002014: They will deliver to the administration of the Center a list of people not authorized to visit it, which can be
p.002014: modified at verbal request.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 409.- Characteristics of the visiting regime.- Visits will be carried out in an atmosphere that
p.002014: allow privacy and intimacy and be consistent with human dignity, in places and conditions that guarantee the
p.002014: center security.
p.002014: This right will be exercised in equal conditions, without any type of discrimination.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 410.- Visiting hours.- Adolescents receive visits according to the schedule
p.002014: established in the respective Regulation. Visiting in the night hours is prohibited.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 411.- Prohibited objects.- The entry of all kinds of weapons, alcohol and scheduled substances is prohibited.
p.002014: subject to control, telephones or communication equipment or any other instrument that
p.002014: attempt against the security and peace of the Center. Any person who is discovered entering with such objects
p.002014: she will be detained and placed under the orders of the corresponding authorities.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 412.- Intimate visit.- People over eighteen years old have the right to an intimate visit from their partner.
p.002014: The Center will have adequate facilities that protect the right to privacy.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 108
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: CHAPTER III
p.002014: DISCIPLINARY REGIME FOR ADOLESCENT ADOLESCENTS
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 413.- Competent authority.- The disciplinary power in the centers corresponds to its Coordinator.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 414.- Preventive security.- The persons in charge of the security of the centers will take urgent measures.
p.002014: aimed at avoiding or preventing disciplinary offenses, provided they do not violate the integrity of the
p.002014: adolescents, who must immediately communicate to the Center Coordinator.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 415.- Obligations of the offending adolescents. They are obligations of the offending adolescents
p.002014: the following:
p.002014: 1. Comply with the rules established in the respective Constitution, laws and regulations.
...
Searching for indicator detention center:
(return to top)
p.000061: of the adolescent with the process, he may proceed to his detention or his preventive internment, with attachment to
p.000061: the following rules:
p.000061: 1. Detention only proceeds in the cases of articles 328 and 329, by written and motivated order of a competent judge;
p.000061: 2. Adolescents deprived of liberty will be taken to adolescent detention centers
p.000061: offenders who guarantee their safety, well-being and rehabilitation;
p.000061: 3. Any form of solitary confinement for a teenager deprived of liberty is prohibited; and,
p.000061: 4. In any case of deprivation of liberty, the age of the person affected must be verified and, in cases of doubt, it will be applied
p.000061: the presumption of article 5 and will be subject to the provisions of this Code until said presumption is destroyed
p.000061: according to law.
p.000061: The official who contravenes the provisions of this article will be removed from office by the
p.000061: corresponding authority.
p.000061: Art. 326.- Reasons for apprehension.- Police officers and anyone can apprehend a teenager:
p.000061: a) When he is caught in flagrant infraction of public action. There is flagrancy when it is apprehended
p.000061: to the author at the same moment of the commission of the offense or immediately after its commission, if it is
p.000061: apprehended with weapons, instruments, prints or documents related to the offense just committed;
p.000061: b) When you have escaped from a specialized detention center in which you were complying with a partner measure -
p.000061: educational; and,
p.000061: c) When the competent Judge has ordered the deprivation of liberty.
p.000061: No adolescent may be detained without a trial formula for more than twenty-four hours. Elapsed
p.000061: said period without being resolved on his arrest, the Coordinator or person in charge of the Internment Center will set it
p.000061: immediately released.
p.000061: No child may be detained, even in the event of a flagrant offense. In this event, it must be delivered from
p.000061: immediately to their legal representatives and, if they do not have them, to a service entity. It is prohibited to receive a child in a
p.000061: Internment Center; and if in fact it happens, the Center Coordinator will be removed from his post.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 327.- Procedure in cases of apprehension.- In the cases of the previous article, if the apprehension
p.000061: of the adolescent is carried out by police officers, they must immediately send it to the
p.000061: Prosecutor for Teenage Offenders with a detailed report on the circumstances of the arrest, the
...
Political / person under arrest
Searching for indicator arrest:
(return to top)
p.000061: the most appropriate socio-educational measure to strengthen the adolescent's respect for human rights and
p.000061: fundamental freedoms of third parties, promoting the reintegration of the adolescent and that he assumes a role
p.000061: constructive in society.
p.000061: Art. 310.- Responsibility of adolescents from indigenous communities.- Judgment and application
p.000061: of socio-educational measures for adolescent offenders belonging to communities
p.000061: indigenous, for acts committed in their communities, shall comply with the provisions of this Code.
p.000061: TITLE II
p.000061: OF THE RIGHTS AND GUARANTEES IN THE JUDGMENT
p.000061: Art. 311.- Presumption of innocence.- The innocence of the adolescent is presumed and will be treated as such until the
p.000061: has established in accordance with law, in an enforced resolution, the existence of the punishable act and its responsibility
p.000061: at.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 79
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 312.- Right to be informed.- Every adolescent investigated, detained or questioned has the right to
p.000061: be informed immediately, personally and in their mother tongue, or through sign language if there is a deficiency
p.000061: In communication:
p.000061: 1. On the reasons for the investigation, interrogation, arrest, the authority that ordered them, the
p.000061: identity of those who investigate, interrogate or detain him and the actions initiated against him; and,
p.000061: 2. About your right to remain silent, to request the presence of a lawyer and to communicate
p.000061: with a family member or with anyone you indicate.
p.000061: The adolescent will have the free assistance of an interpreter, if he does not understand or speak the
p.000061: language used.
p.000061: In all cases, the legal representatives of the investigated, questioned or detained, will be informed of
p.000061: righ now.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 77
p.000061: Art. 313.- Right to defense.- The adolescent has the right to an adequate professional defense during all
p.000061: instances of the process. When you do not have a private defender, you will be assigned, within a period of
p.000061: twenty-four hours, a specialized public defender, who will assume the case within twenty-four hours
p.000061: following notification of your assignment.
p.000061: The lack of defender will cause the nullity of everything acted in defenselessness.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 314.- Right to be heard and question.- At all stages of the process, the adolescent subjected to trial
p.000061: you have the right:
p.000061: 1. Free and complete access to documents and parts of the process;
p.000061: 2. To be heard in any instance of the process; and,
p.000061: 3. To question directly or through their defense attorney and orally, the witnesses and experts, who will be
...
p.000061: 3. Any form of solitary confinement for a teenager deprived of liberty is prohibited; and,
p.000061: 4. In any case of deprivation of liberty, the age of the person affected must be verified and, in cases of doubt, it will be applied
p.000061: the presumption of article 5 and will be subject to the provisions of this Code until said presumption is destroyed
p.000061: according to law.
p.000061: The official who contravenes the provisions of this article will be removed from office by the
p.000061: corresponding authority.
p.000061: Art. 326.- Reasons for apprehension.- Police officers and anyone can apprehend a teenager:
p.000061: a) When he is caught in flagrant infraction of public action. There is flagrancy when it is apprehended
p.000061: to the author at the same moment of the commission of the offense or immediately after its commission, if it is
p.000061: apprehended with weapons, instruments, prints or documents related to the offense just committed;
p.000061: b) When you have escaped from a specialized detention center in which you were complying with a partner measure -
p.000061: educational; and,
p.000061: c) When the competent Judge has ordered the deprivation of liberty.
p.000061: No adolescent may be detained without a trial formula for more than twenty-four hours. Elapsed
p.000061: said period without being resolved on his arrest, the Coordinator or person in charge of the Internment Center will set it
p.000061: immediately released.
p.000061: No child may be detained, even in the event of a flagrant offense. In this event, it must be delivered from
p.000061: immediately to their legal representatives and, if they do not have them, to a service entity. It is prohibited to receive a child in a
p.000061: Internment Center; and if in fact it happens, the Center Coordinator will be removed from his post.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 327.- Procedure in cases of apprehension.- In the cases of the previous article, if the apprehension
p.000061: of the adolescent is carried out by police officers, they must immediately send it to the
p.000061: Prosecutor for Teenage Offenders with a detailed report on the circumstances of the arrest, the
p.000061: material evidences and the identification of the possible witnesses and of the apprehensors.
p.000061: When it has been practiced by any other person, it must be delivered immediately to the police unit or agent
p.000061: closest, those that will proceed in the manner indicated in the previous paragraph.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 83
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p.000061: If the detainee shows signs of physical abuse, the Prosecutor will order his transfer to a
p.000061: health facility and will open the investigation to determine the cause and type of injuries and those responsible.
p.000061: When the fact that motivated the adolescent's deprivation of liberty is not classified as an offense
p.000061: By the Comprehensive Organic Penal Code, the Prosecutor will immediately release him.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 8 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 328.- Detention for investigation.- The competent Judge may order the detention, for up to twenty-four hours,
p.000061: of an adolescent against whom there are reasonable presumptions of responsibility for illegal acts, when
p.000061: requested by the Prosecutor, in order to investigate a public action violation and justify that it is
p.000061: the presence of the adolescent is essential for this.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 329.- Detention to ensure the appearance.- The Prosecutor may request the Judge to order the arrest of a
p.000061: adolescent, for up to twenty-four hours, to ensure their appearance at the trial hearing.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 330.- Preventive internment.- The judge may only order the preventive internment of an adolescent in
p.000061: the following cases, provided there are sufficient indications of the existence of an infringement of public action
p.000061: and its authorship and complicity in the infraction investigated:
p.000061: a) Of the adolescents who do not turn fourteen years of age, in the trial of theft crimes with the result of
p.000061: death, homicide, murder, femicide, hit man, rape, extortive kidnapping, genocide, against humanity and
p.000061: organized crime.
p.000061: b) Of the adolescents who turn fourteen years old, in the trial of crimes sanctioned in the Organic Code
p.000061: Integral Penal with deprivation of liberty of more than five years.
p.000061: The preventive internment can be revoked at any time, ex officio or at the request of a party.
p.000061: Note: Literals a) and b) replaced by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 331.- Duration of the preventive internment.- The preventive internment may not exceed ninety days,
p.000061: after which the official responsible for the establishment in which he has been interned, will release the
p.000061: teenager immediately and without the need for a prior court order.
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p.002014: weekend internment and semi-open regime internment.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 104
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 3. Internment section for the fulfillment of socio-educational institutional internment measures
p.002014: closed regime.
p.002014: Within the sections determined in numerals 2 and 3 there will be four subsections:
p.002014: a) Adolescents under the age of fifteen.
p.002014: b) Adolescents between fifteen and eighteen years of age.
p.002014: c) Those over eighteen years of age and up to twenty-four years.
p.002014: d) Those over twenty-four years of age.
p.002014: The Center coordinator will take care of the proper preparation for the transition in each of these
p.002014: subsections.
p.002014: All specialized care sections will have adequate living, communal and living areas for the
p.002014: development of activities and programs.
p.002014: The centers of adolescent offenders will only host adolescents of the same sex. In the cities where not
p.002014: there are centers separated by sex, adolescents can be accommodated, provided the environments are fully
p.002014: separated.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 394.- Admission.- An adolescent will only enter the Center for adolescent offenders with authority order
p.002014: competent or for having been arrested for a flagrant crime.
p.002014: Teens detained for research will be admitted to an existing temporary reception section
p.002014: throughout the Teenage Offender Center.
p.002014: From the moment the adolescent enters the Center, they will be informed in a clear and simple way about their rights,
p.002014: duties, rules and routines of coexistence in the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 395.- Compulsory health examination.- Adolescents will undergo a medical examination at the time of their admission and
p.002014: of their departure from the centers of adolescent offenders and they will be provided, if necessary, care and treatment
p.002014: doctor.
p.002014: If there are indications of aggression against physical, psychological or sexual integrity, the health professional has the
p.002014: obligation to report this fact to the prosecution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 396.- Internal and external security of the centers of offending adolescents.- Internal security and
p.002014: external of the centers of deprivation of liberty of adolescents, will be the responsibility of the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: External security will be the responsibility of the specialized Police for Children and Adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
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p.000069: the decision of deprivation, the adoptability of the child or adolescent.
p.000069: When the behaviors described in this article constitute a crime of public action of official instance,
p.000069: the Judge will send a copy of the file ex officio to the corresponding Prosecutor to initiate the criminal process.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 279, 281, 303, 306, 308, 311, 367, 385
p.000069: Article 114.- Inadmissibility of limiting, suspending or depriving parental authority for economic reasons.- The circumstance of
p.000069: Lack of sufficient financial resources is not causal to limit, suspend or deprive the father or mother
p.000069: of parental authority. Neither will it be done when due to migration motivated by needs
p.000069: economic, the father, the mother or both must temporarily leave the son or daughter in the care of a relative
p.000069: consanguineous throughout the straight line or up to the fourth degree of the collateral line. In this case it can only be suspended
p.000069: parental authority for the purpose of entrusting guardianship to the relative who received the order.
p.000069: Art. 115.- Active legitimation.- They have the action to request the limitation, suspension or deprivation of the homeland.
p.000069: power:
p.000069: 1. The father or mother who is not affected by any of the causes that justify said measures;
p.000069: 2. Relatives up to the fourth degree of consanguinity;
p.000069: 3. The Ombudsman's Office, ex officio or at the request of a party;
p.000069: 4. The Cantonal Rights Protection Board, ex officio or at the request of a party; and,
p.000069: 5. The legal representatives or directors of the care entities in which a child or
p.000069: Teen.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 305, 306
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 116.- Protection measures.- In the same resolution that orders the deprivation, suspension or
p.000069: limitation of parental authority, the judge will order one or more protection measures for the child or adolescent and
p.000069: their parents, in order to favor the circumstances that justify a subsequent restitution of this
p.000069: power.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 30
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p.000069: Art. 117.- Restitution of parental authority.- The Judge, at the request of a party, can restitute the fatherland
p.000069: power in favor of one or both parents, as the case may be, if there is sufficient evidence
p.000069: that if the circumstances that caused their deprivation, limitation or
p.000069: suspension.
p.000069: To order restitution, the Judge must previously hear the person who requested the measure and in any case the son or daughter of
p.000069: according to its evolutionary development.
p.000069: The Judge may also, considering the circumstances of the case, substitute the deprivation or the suspension for the limitation of
p.000069: parental authority, complying with the provisions of the two preceding paragraphs.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 275, 279, 281
p.000069: TITLE III
p.000069: OF THE TENURE
p.000069: Art. 118.- Provenance.- When the Judge deems more convenient for the integral development of the son or daughter of the family,
p.000069: entrust their care and upbringing to one of the parents, without altering the joint exercise of parental authority,
p.000069: It will entrust its tenure following the rules of article 106.
p.000069: You can also entrust the possession with attribution of one or more of the rights and obligations
p.000069: included in parental authority, always taking into account the convenience indicated in the subsection,
p.000069: previous.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 119.- Modifications of tenure resolutions.- Tenure resolutions are not enforceable. The
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p.000069: mother.
p.000069: The judges will apply ex officio the international instruments ratified by Ecuador in order to
p.000069: guarantee the right to food of children and adolescents, daughters and sons of fathers or mothers
p.000069: that have migrated abroad, and will have all the necessary measures to ensure the effective collection of the
p.000069: pension.
p.000069: The central authority will act diligently to ensure respect for the rights of children and
p.000069: adolescents, and, will respond in case of negligence.
p.000069: Art. 6.- Procedural Legitimation.- They will be entitled to demand the provision of the maintenance right to
p.000069: in favor of a boy, girl or adolescent or people of any age who suffer from a physical disability or
p.000069: mental that prevents them from doing it by themselves:
p.000069: 1. The mother or father in whose care the son or daughter is and, in their absence, the person exercising their
p.000069: legal representation or who is in charge of your care; and,
p.000069: 2. Adolescents over 15 years of age.
p.000069: In order to present the demand, the attorney will not be required. The claimant will present it on the form
p.000069: that for this purpose the Judicial Council will design and publicize. If due to the complexity of the case, the judge or
p.000069: the procedural party considers that legal sponsorship is necessary, will provide for the participation of a public defender or
p.000069: from a private defender, respectively.
p.000069: Art. 7.- Provenance of the right without separation. - The alimony comes even in the cases in which the fed
p.000069: and the obligated coexist under the same roof.
p.000069: The members of the extended family that by virtue of a protection measure ordered by the competent authority or
p.000069: in the exercise of guardianship they are living with children and adolescents who are holders of the right
p.000069: of alimony, no subsidiaries of the alimony will be liable.
p.000069: Art. 8.- Moment from which the maintenance is due.- The maintenance is due from the
p.000069: presentation of the demand. The increase is due from the presentation of the corresponding
p.000069: incident, but its reduction is required only from the date of the resolution that declares it.
p.000069: Art. 9.- Provisional fixation of the alimony. - With the qualification of the claim, the Judge will fix a
p.000069: provisional pension according to the Table of Minimum Alimony that based on the criteria
p.000069: provided for in this law, will prepare the Ministry in charge of economic and social inclusion matters, without
p.000069: notwithstanding that at the hearing, the Judge takes into account the agreement of the parties, which in no case
p.000069: It may be less than what is established in the aforementioned table.
p.000069: When the filiation has not been established, or the relationship in the case of the other relatives
p.000069: consanguineous, the Judge will order the comparative examination in the order to classify the claim
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p.000069: social, when the study of the technical office proves said particular and in accordance with the test that is
p.000069: act in the respective hearing.
p.000069: DNA testing of the unborn child is prohibited; however it can be done on deceased people,
p.000069: when it is necessary to establish the parent-child relationship.
p.000069: Art. 11.- Conditions for DNA testing.- The comparative examination will have probative value in court.
p.000069: of deoxyribonucleic acid (DNA) band or sequence patterns practiced by specialized laboratories
p.000069: public and private, that have qualified experts by the Prosecutor's Office. In the case of laboratories
p.000069: Private must have the operating permit of the Ministry of Public Health.
p.000069: The identity of the person to whom the sample belongs will be verified by means of the identity card
p.000069: or citizenship or passport or any other mechanism that reliably ensures the identity of the person
p.000069: and, the registration of your fingerprint. Identification and sampling will be done in the presence of the authority that the
p.000069: orders or its delegate, the expert and the parties or those who represent them.
p.000069: DNA test results are confidential. All movement of the sample must be registered with
p.000069: indication of the date, time and the name and identification of the people who intervened. The Judge may
p.000069: arrange for police assistance, the intervention of medical lawyers or other experts at the request of the party
p.000069: interested, to ensure the authenticity and reliability of the taking of samples, their examination, custody and
p.000069: transport.
p.000069: Art. 12.- Responsibility of the experts.- The experts will be administrative, civil and criminal
p.000069: responsible for the procedures and methodology, false or adulterated results of the tests they perform and
p.000069: for the reports they issue, without prejudice to the joint civil liability of the laboratory in which
p.000069: The expertise and disqualification of the expert by the Prosecutor's Office have been practiced. This responsibility extends to
p.000069: facts and acts of the people who intervene under his direction or dependency in said tests or reports.
p.000069: Art. 13.- Sufficiency of the DNA test.- The DNA test with the conditions of suitability and security provided
p.000069: in this law, it will be considered sufficient to affirm or rule out paternity or maternity. Will not be
p.000069: admitted the delay of the cause through the request of new evidence, except
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 35
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p.000069: that it be founded and prove the breach of the conditions provided in this law.
p.000069: Art. 14.- How to provide alimony.- The Judge will fix the payment of the alimony and subsidies and
p.000069: mainly additional benefits, and, if requested by the food company or its representative, to
p.000069: through the deposit of a sum of money that must be made in advance monthly payments,
p.000069: within the first five days of each month, and, in the case of subsidies and additional benefits, on the date indicated
p.000069: for the effect; in the account indicated for it, whose deposit certificate will constitute proof for
p.000069: demonstrate the payment or lack of in favor of the beneficiary / or of who legally represents it.
p.000069: In addition, payment of alimony and subsidies and additional benefits of
p.000069: as follows:
p.000069: a) The constitution of usufruct rights, the receipt of a rental pension or other similar mechanism,
p.000069: that ensure income or other fruits sufficient for the due provision of food of the beneficiary; and,
p.000069: b) The direct payment or satisfaction by the obligor of the beneficiary's needs that
p.000069: determine the Judge.
p.000069: In the case of usufruct or the perception of the rental income from real estate, the Judge will verify
p.000069: that are not limited by other real or personal rights or affected by embargo,
p.000069: prohibition to alienate or encumber, antichresis or any other encumbrance or contract that affects or may prevent
p.000069: or hinder said enjoyment or perception. The resolution that decrees them will be registered in the Registry of the
p.000069: Property of the canton where the property is located.
p.000069: The beneficiary son or daughter shall not be obliged to prepare an inventory or pay the bond that the law requires the
p.000069: usufructuary.
p.000069: In no case shall the child or adolescent whose custody and care have been entrusted to the other parent be obligated
p.000069: or a third party, to live with the person who is obliged to provide food, on the pretext that it
p.000069: be a form of alimony in kind.
p.000069: Art. 15.- Parameters for the elaboration of the Table of Minimum Alimony Pensions.- The Ministry
p.000069: in charge of economic and social inclusion issues, will define the Minimum Alimony Plan based on
p.000069: the following parameters:
p.000069: a) The basic needs by age of the fed in the terms of the present Law;
p.000069: b) The income and resources of him or the supporters, valued in relation to their ordinary income
p.000069: and extraordinary, expenses typical of their way of life and their direct dependents;
p.000069: c) Structure, distribution of family spending and income of the food and beneficiaries; and,
p.000069: d) Inflation.
p.000069: In no case may the Judge set a lower value than that determined in the Pension Table
p.000069: Minimum Food. However, you may set a higher pension than that established therein, depending
p.000069: of the merit of the evidence presented in the process.
p.000069: The pensions established in the table will be automatically indexed within the first fifteen days
p.000069: of the month of January of each year, considering also the inflation index published by the National Institute of
p.000069: Statistics and Censuses, (INEC) in the month of December of the immediately previous year and in the same percentage in which
p.000069: increase the unified basic remuneration of the worker in general.
p.000069: In cases where the income of the father and mother do not exist or are insufficient to
p.000069: satisfy the needs of the rightful holder, the Judge at the request of a party, will dispose the other liable parties, the payment
p.000069: of part or all of the fixed amount, who may exercise the action
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 36
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p.000069: of repetition of the payment against the father and / or the mother, legally obliged to fulfill this benefit.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Art. 16.- Subsidies and other legal benefits.- In addition to providing food, the person fed has the right to
p.000069: receive the following additional benefits from their father and / or mother:
p.000069: 1.- The legal or conventional subsidies for family expenses received by the defendant;
p.000069: 2.- Two additional alimony payments to be paid in the months of September and December of each year for
p.000069: the provinces of the Sierra educational system and in the months of April and December for the
p.000069: provinces of the educational regime of the Coast and Galapagos. Payment of additional pensions will be made
p.000069: even if the defendant does not work under a dependency relationship; and, 3.- 5% of the amount of legal profits
p.000069: received by the food provider for family charges, which must be prorated among all those who
p.000069: they are entitled to alimony, when they are entitled to said utilities.
p.000069: Art. 17.- Of the effect of res judicata.- The order that fixes the amount of the alimony and those forced to
p.000069: lending it does not have the effect of res judicata.
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p.000069: Art. 20.- Breach of what is owed.- In case of default in the payment of two or more pensions
p.000069: alimony, whether or not successive, the Judge will order the prohibition to leave the country of the debtor and its incorporation
p.000069: in the debtor registry that the Judicial Council will establish for this purpose.
p.000069: The debtor registry of the corresponding jurisdiction will be published on the Council's website
p.000069: of the Judiciary and this in turn will forward the list to the Superintendency of Banks and
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 37
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Insurance for the incorporation of debtors in the Registry System or Risk Center.
p.000069: Once the obligation has been canceled, the judge will order both the Judicial Council and the
p.000069: Superintendency of Banks deletion of the registry.
p.000069: Art. 21.- Disabilities of the maintenance debtor.- The father or mother who owes two or more maintenance pensions,
p.000069: as long as you do not cancel the expired obligations, you will be disabled to:
p.000069: a) Be a candidate for any dignity of popular election;
p.000069: b) Hold public office for which he / she has been selected in a public competition or by appointment;
p.000069: c) Dispose of movable or immovable property, unless the benefits are directly for the payment of alimony due,
p.000069: in which case judicial authorization will be required; and,
p.000069: d) Provide collateral or mortgage guarantees.
p.000069: Art. 22.- Personal award.- In case the father or mother fails to pay two or more pensions
p.000069: food, the Judge at the request of a party and after verification by the certification of the respective entity
p.000069: financial or non-payment, and will provide personal pressure for up to 30 days and the prohibition of leaving the country. In
p.000069: In case of recidivism, the personal pressure will extend for 60 more days and up to a maximum of 180 days.
p.000069: In the same resolution in which the deprivation of liberty is ordered, the Judge will order the search
p.000069: of the place where the debtor is, as long as the affidavit on concealment precedes
p.000069: of the obligor / s, by the party requesting said measure.
p.000069: Prior to ordering the release of the delinquent feeder, the Judge who knew the case, will carry out the
p.000069: liquidation of all due and will receive payment in cash or certified check. Paid
p.000069: the entire obligation, the judge will order immediate release.
p.000069: Without prejudice to the provisions of this article, the Judge may execute the payment against the others
p.000069: forced.
p.000069: A similar procedure will be followed when the obligor has stopped paying two or more obligations assumed by
p.000069: conciliation agreements.
p.000069: Art. 23.- Personal compulsion to the obligated subsidiaries.- The judge will order the personal compulsion of the
p.000069: required subsidiaries that having been cited with the demand for food, under the provisions of law,
p.000069: have not complied with their payment obligation as provided in this law.
p.000069: Art. 24.- Other precautionary measures for the obligated subsidiaries.- The prohibition of leaving the country like the others
p.000069: Real precautionary measures provided for in this law, will be imposed on the obligated subsidiaries
p.000069: provided they have been legally summoned with the lawsuit and under legal provisions.
p.000069: Art. 25.- Prohibition of leaving the country.- At the request of the party, in the first order, the judge
p.000069: decree without prior notification, the prohibition to leave the national territory, which
p.000069: will immediately notify the National Directorate of Migration.
p.000069: Art. 26.- Real precautionary measures.- In order to ensure the payment of alimony, the Judge may order
p.000069: any of the real constraints contemplated in the Code of Civil Procedure.
p.000069: Art. 27.- Cessation of constraints.- The prohibition to leave the country and the personal constraint referred to in the
p.000069: previous articles may cease if the obligor yields a real or personal guarantee deemed sufficient by the Judge.
p.000069: In the case of personal guarantee, the guarantor or guarantor will be subject to the same responsibilities and may
p.000069: be subjected to the same constraints as the main debtor.
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p.000069: All other constraints and disqualifications will only cease with the full payment due and their respective
p.000069: interest, in cash or by certified check.
p.000069: Art. 28.- Other Disabilities.- The parent who is in default in the payment of the food benefit does not
p.000069: You can request that the parental authority of the beneficiary son or daughter be handed over, but you can exercise the right to
p.000069: visits regulated in this Code.
p.000069: Art. 29.- Application of these norms in other trials.- Within trials or processes for intra-family violence,
p.000069: claim of filiation, separation of assets, divorce and in general, in any other procedure
...
p.000069: will set the final pension by mutual agreement, through the respective resolution, which may be reviewed.
p.000069: If the agreement is not reached, the hearing will continue, with the evaluation of the evidence and at the same hearing, the Judge
p.000069: will set the final pension.
p.000069: If the obligated person denies the filiation or kinship relationship in the case of other relatives
p.000069: consanguineous, the Judge will order the DNA tests and suspend the hearing for a term of 20
p.000069: days, after which and with the results of the tests carried out, he will decide on the fixing of the
p.000069: final alimony and on the filiation relationship.
p.000069: If the parties do not appear at the single hearing called by the Judge, the provisional resolution will be
p.000069: will become definitive.
p.000069: Art. 38.- Deferral of the hearing.- The hearing may be deferred for a single time up to the
p.000069: term of three days and provided that in the corresponding petition writing, the mutual agreement of
p.000069: the parts.
p.000069: Art. 39.- Resolution.- In the only hearing the Judge will dictate the resolution order that establishes the alimony
p.000069: definitive, subsidies and benefits and the way to pay them, the payment of court costs, fees of the
p.000069: attorney and all expenses incurred by the actor for failure to comply with the
p.000069: obligation on the part of the defendant.
p.000069: Within three days from the notification of the resolution, the parties may
p.000069: request extension or clarification which will not be able to modify the fixed amount.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 40
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 40.- Appeal resource.- The party that is not satisfied with the resolution, may appeal it
p.000069: before the Provincial Court of Justice, within the term of three days of notification.
p.000069: The appeal document must specify the points to which the appeal is contracted and without this requirement the instance
p.000069: superior will consider it as not filed. In any case, the appeal will be granted only in the reimbursement effect.
p.000069: The lower Judge will send the file to the superior within the term of five days following the
p.000069: granting of the resource.
p.000069: Art. 41.- Processing in second instance.- Received the process, the Chamber of the Provincial Court of Justice, based on
p.000069: to the merits that appear in the process, it will pronounce its resolution within the term of 10 days
p.000069: counted from the reception. Completed the processing of the process in second instance the room
p.000069: it will send the process to the judge of first instance, within three days.
p.000069: Art. 42.- Incidents to increase or decrease pension.- If any of the parties shows that they have changed
p.000069: the circumstances and facts that served as the basis for the resolution establishing alimony, the
p.000069: Judge, may review and modify the resolution, prior to the procedure established in this chapter.
p.000069: The same Judge who set the alimony will be competent to know this incident except in cases of change
p.000069: of domicile of the fed.
p.000069: Art. 43.- Automatic Annual Indexation.- Without prejudice to the right of the parties to request an increase or reduction of
p.000069: alimony, until January 31 of each year the Ministry in charge of inclusion issues
p.000069: economic and social published in the newspapers with the largest national circulation, the Pension Table
...
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 203.- Constitution and integration.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 204.- The Executive Secretariat.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: TITLE IV
p.000061: OF THE BODIES OF PROTECTION, DEFENSE AND DEMANDABILITY OF RIGHTS
p.000061: Chapter I
p.000061: The Cantonal Boards for the Protection of Rights
p.000061: Art. 205.- Legal Nature.- The Cantonal Boards for the Protection of Rights are operating level bodies, with
p.000061: administrative and functional autonomy, which have as a public function the protection of rights
p.000061: individual and collective of children and adolescents, in the respective canton.
p.000061: They will be organized by each municipality at the cantonal or parish level, according to their social development plans.
p.000061: They will be financed by the Municipality with the resources established in this Code and more laws.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 299, 304
p.000061: Article 206.- Functions of the Cantonal Boards for the Protection of Rights.- Corresponds to the Boards of
p.000061: Protection of Rights:
p.000061: a) Know, ex officio or at the request of a party, the cases of threat or violation of rights
p.000061: boys and girls and adolescents individuals within the jurisdiction of the respective canton; and arrange the measures
p.000061: administrative protection that are necessary to protect the threatened right or restore the violated right;
p.000061: b) Monitor the execution of its measures;
p.000061: c) File the necessary actions before the competent judicial bodies in cases of
p.000061: failure to comply with its decisions;
p.000061: d) Require from public officials of the central and sectional administration, the information and
p.000061: documents that they require for the fulfillment of their functions;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 56
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: e) Keep the registry of the families, adults, children and adolescents of the respective Municipality to whom it has been
p.000061: applied protection measures;
p.000061: f) Report to the competent authorities the commission of administrative and criminal offenses against children,
p.000061: girls and adolescents;
p.000061: g) Monitor that the institutional regulations and practices of the attention entities do not violate the rights of the
p.000061: childhood and adolescence; and,
p.000061: h) The others that the law indicates.
p.000061: They will seek, with the support of authorized entities, the mediation and conciliation of the parties involved in the
p.000061: matters they are aware of, in accordance with the law.
...
p.000061: The administrative officer will take notice and will set the day and time for the answering hearing.
p.000061: The summons for the hearing will be practiced personally or through a ballot left at home.
p.000061: of the aforementioned in business day and time.
p.000061: Art. 238.- Hearing.- The oral arguments of the parties will be heard at the hearing, beginning with the complainant,
p.000061: after which the adolescent, in any case, or the boy or girl who is in conditions of
p.000061: Express your opinion.
p.000061: The substantive body will then seek conciliation between the parties, if the nature of the matter so
p.000061: allows, in accordance with the law. Likewise, you can refer the case to a specialized center for
p.000061: mediation.
p.000061: If the parties reconcile, a protection measure will be established to promote relations between those affected
p.000061: and the mechanisms for evaluating and monitoring the measure will be determined. Otherwise, if there are facts that
p.000061: must be proven, the substantiating body will immediately convene a new hearing for the surrender of
p.000061: tests, which must be held no later than the following five business days.
p.000061: The substantiating body shall have the power to order the tests and investigations that it considers
p.000061: necessary.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 121
p.000061: Art. 239.- Evidence hearing.- The parties will present all their evidence at the same hearing, after which they may
p.000061: verbally present their allegations, beginning with the complaining party. If the substantive body deems it
p.000061: necessary for the extension of the tests, may establish a recess of up to three business days.
p.000061: Art. 240.- Resolution.- The substantiating body will pronounce its final resolution in the same hearing or, more
p.000061: take, within two business days.
p.000061: The requirements for protective actions, if urgent, must be met immediately or
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 64
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: in its defect within a period of five days from the notification of the resolution
p.000061: corresponding, the same that can be done at the same hearing. In case of non-compliance with the requirement, the
p.000061: whistleblower or the Cantonal Protection Board will resort to the Judge of Children and Adolescents for the
p.000061: application of sanctions for violation of rights. For this effect, the corresponding procedure of
p.000061: the constitutional amparo action.
p.000061: Art. 241.- Appeal.- Against the resolution pronounced by the substantiating body, only the following fit
p.000061: means:
p.000061: 1. Replenishment, which must be proposed within three days, before the same body that pronounced it, who
p.000061: will resolve within forty-eight hours; and,
p.000061: 2. On appeal, before the Judge of Children and Adolescents with jurisdiction corresponding to the body that pronounced the
p.000061: failed or denied the petition. The appeal must be filed within three days from
p.000061: the contested resolution was issued or the reconsideration was denied, as appropriate.
p.000061: The appeal for reversal will be resolved in a hearing set for this purpose, in accordance with the rules of this
...
p.000061: Before closing the hearing, the Judge will insist on a conciliation of the parties; if there is not and there are facts that
p.000061: must be proven, it will call the evidence hearing that must be held not earlier than fifteen nor after twenty days
p.000061: counted from the date of the signaling.
p.000061: Art. 274.- Provisional resolution.- In lawsuits on parental authority, provision of maintenance and
p.000061: visitation regime, the judge will necessarily make a provisional determination on the claim of the
p.000061: plaintiff, in the same hearing that the previous article deals with. If there is agreement of the
p.000061: parents in this regard, will end the trial.
p.000061: This fixation may be modified in the manner indicated in article 278.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 355
p.000061: Art. 275.- Evidence hearing.- In the evidence hearing, actor and defendant, in the same order, will present the
p.000061: evidentiary means that would have been duly announced, beginning with the examination of the witnesses, which may be
p.000061: questioned by the defenders of both parties, and the reports of the technicians, who must respond to the
p.000061: observations and requests for clarification or extension that they make.
p.000061: By the Clerk of the Court, a summary reading of the documents added by the parties and of the official documents will be given.
p.000061: reports that have been received.
p.000061: The interrogations of the defense attorneys will be made directly to the witnesses, experts and
p.000061: counterparty, without the need for mediation by the Judge, who may only object, ex officio or at the request of a party, the
p.000061: questions that you consider unconstitutional, illegal, disrespectful, or impertinent regarding prosecution.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 73
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: After the test, the defenders, starting with the actor's, will be able to present their allegations on the
p.000061: test given.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 207, 219, 221, 257
p.000061: Art. 276.- Deferral of the hearing and recess.- At the request of either party, the trial hearing may
p.000061: be deferred once and for up to five business days.
p.000061: Once started, if the extension of the evidence justifies it, the Judge may order a recess for the same term
p.000061: indicated in the previous paragraph.
p.000061: Art. 277.- Auto resolution.- The Judge will pronounce an auto resolution within the five days following the hearing.
p.000061: Art. 278.- Modification of the resolution.- At the request of the interested party and the contrary party has heard,
p.000061: the Judge may modify the decision at any time, in accordance with the previous article, if
p.000061: it proves that the circumstances that it had in mind to issue it have varied.
p.000061: Art. 279.- Appeal. - The party that is not satisfied with the resolution, may appeal it.
p.000061: before the superior, within the term of three days of notification.
p.000061: The appeal document must specify the points to which the appeal is contracted and without this requirement the instance
p.000061: superior will consider you not brought. In any case, the appeal will be granted only in the reimbursement effect. The
p.000061: Lower judge will send the file to the superior within the term of five days following the granting of the
p.000061: resource.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 320, 323, 331
p.000061: Art. 280.- Processing in second instance.- Once the process is received, the Superior Court Chamber will summon
p.000061: to a hearing in which the defenders of the parties will present their oral arguments, beginning with the
p.000061: recurrent. After the hearing, it will pronounce its resolution in the manner and opportunity indicated in the
p.000061: article 277.
p.000061: Art. 281.- Appeal. - The appeal proceeds only against the resolution order of
p.000061: second instance, for the causes and with the formalities contemplated in the law.
p.000061: The substantiation of this resource in the Specialized Chamber of the Supreme Court of Justice will be adjusted
p.000061: to the procedure indicated in the Cassation Law.
p.000061: Matches:
p.000061: CASATION LAW, Arts. 2. 3
p.000061: Art. 282.- Duration of the procedure.- The procedure referred to in this section may not
p.000061: last more than fifty days of term counted from the summons with the demand in the first instance; no more than
p.000061: twenty-five days from the receipt of the process, both in the second instance and in the case of cassation.
p.000061: In case of breach of these terms, the National Council of the Judiciary will sanction the Judge and each of
...
p.000061: THE REPUBLIC OF ECUADOR, Arts. 66
p.000061: Art. 318.- Guarantees of due process and challenge.- They are recognized in favor of the adolescent
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 81
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: all the guarantees of due process have been tried.
p.000061: The judicial resolutions are challengeable before the superior and the socio-educational measures applied
p.000061: are subject to revision, in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 319.- Proportionality guarantees.- The offending adolescent is guaranteed the due
p.000061: proportionality between the attributed offense and the socio-educational measure applied.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 320.- Judged thing.- Any form of termination of the process prevents a new
p.000061: investigation or prosecution for the same fact, even if its legal qualification is modified or known
p.000061: new circumstances. Consequently, no adolescent may be tried more than once for the same cause.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 321.- Exceptional deprivation of liberty:
p.000061: The deprivation of freedom of the adolescent will only be ordered as a last resort, by written order of the Judge
p.000061: competent, in cases, for time and with the formalities prescribed by law. The internment
p.000061: preventive may be revoked at any stage of the process, ex officio or at the request of a party.
p.000061: Art. 322.- Separation of adults.- The adolescent who is detained, interned
p.000061: preventively or complying with a measure of deprivation of liberty, will do so in centers
p.000061: specialists who ensure their separation from adults also detained.
p.000061: TITLE III
p.000061: OF PRECAUTIONARY MEASURES
p.000061: Art. 323.- Object.- Precautionary measures are intended to ensure the adolescent's immediacy with the process and
p.000061: your eventual civil liability or that of your representative. These measures are of restrictive application. It's prohibited
p.000061: impose precautionary measures not provided for in this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 324.- Precautionary measures of a personal nature.- The Judge may order the following precautionary measures
p.000061: of a personal nature:
p.000061: 1. The adolescent's permanence in his own home, with the vigilance that the Judge provides;
p.000061: 2. The obligation to submit to the care of a care person or entity, who will inform
p.000061: regularly to the judge about the adolescent's behavior;
p.000061: 3. The obligation to appear before the Judge with the periodicity that the latter orders;
p.000061: 4. The prohibition to be absent from the country or town indicated by the Judge;
p.000061: 5. The prohibition to attend the places or meetings determined by the Judge;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 82
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 6. The prohibition to communicate with certain people that the Judge indicates, provided that this does not affect their right to
...
p.000061: requested by the Prosecutor, in order to investigate a public action violation and justify that it is
p.000061: the presence of the adolescent is essential for this.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 329.- Detention to ensure the appearance.- The Prosecutor may request the Judge to order the arrest of a
p.000061: adolescent, for up to twenty-four hours, to ensure their appearance at the trial hearing.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 330.- Preventive internment.- The judge may only order the preventive internment of an adolescent in
p.000061: the following cases, provided there are sufficient indications of the existence of an infringement of public action
p.000061: and its authorship and complicity in the infraction investigated:
p.000061: a) Of the adolescents who do not turn fourteen years of age, in the trial of theft crimes with the result of
p.000061: death, homicide, murder, femicide, hit man, rape, extortive kidnapping, genocide, against humanity and
p.000061: organized crime.
p.000061: b) Of the adolescents who turn fourteen years old, in the trial of crimes sanctioned in the Organic Code
p.000061: Integral Penal with deprivation of liberty of more than five years.
p.000061: The preventive internment can be revoked at any time, ex officio or at the request of a party.
p.000061: Note: Literals a) and b) replaced by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 331.- Duration of the preventive internment.- The preventive internment may not exceed ninety days,
p.000061: after which the official responsible for the establishment in which he has been interned, will release the
p.000061: teenager immediately and without the need for a prior court order.
p.000061: Failure to comply with this provision by said official will be sanctioned with dismissal
p.000061: of the position, without prejudice to his criminal and civil liability.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 84
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 332.- Precautionary measures of patrimonial order.- To ensure civil liability, the Judge may order the
p.000061: kidnapping, retention or prohibition of alienating assets of the adolescent's professional property, in accordance with
p.000061: the law; or their legal representatives or people in charge of their care, in the terms of the Civil Code referring to
p.000061: bail.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 96, 422, 426, 427, 897, 900, 906, 907
p.000061: Art. 333.- Civil liability.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461, 1467, 1483, 1572
p.000061: TITLE IV
p.000061: OF THE JUDGMENT OF OFFENSES
p.000061: Chapter I
p.000061: The action and the procedural subjects
p.000061: Art. 334.- The exercise of the action. Exercise of action for the judgment of the adolescent
...
Searching for indicator political:
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p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
p.000069: Art. 8.- Co-responsibility of the State, society and the family.- It is the duty of the State, society and the family,
p.000069: within their respective areas, adopt political, administrative, economic, legislative measures,
p.000069: social and legal that are necessary for full validity, effective exercise, guarantee, protection and
p.000069: enforceability of all children's rights; girls and adolescents.
p.000069: The State and society will formulate and apply social and economic public policies; and they will allocate resources
p.000069: sufficient financial resources, in a stable, permanent and timely manner.
p.000069: Art. 9.- Basic function of the family.- The law recognizes and protects the family as the natural and fundamental space
p.000069: for the integral development of children and adolescents.
p.000069: Priority corresponds to the father and the mother, the shared responsibility of respect, protection and
p.000069: childcare and promotion, respect and enforcement of their rights.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 220, 268
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 2
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 10.- Duty of the State to the family.- The State has the priority duty to define and execute policies,
p.000069: plans and programs that support the family to fulfill the responsibilities specified in the
p.000069: previous article.
p.000069: Jurisprudence:
p.000069: Judicial Gazette, AMOUNT AND FORM OF FOOD SUPPLY, Feb 14, 2007
...
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
p.000069: healthy, ecologically balanced and pollution-free environment that guarantees your health, safety
p.000069: food and integral development.
p.000069: The Central Government and the sectional governments will establish clear and precise policies for the
p.000069: conservation of the environment and the ecosystem.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 15, 66, 397, 414
p.000069: Chapter III
p.000069: Development-related rights
p.000069: Art. 33.- Right to identity.- Children and adolescents have the right to identity and the elements
p.000069: that constitute it, especially the name, nationality and family relationships, in accordance with
p.000069: the law.
p.000069: It is the State's obligation to preserve the identity of children; girls and adolescents and punish those responsible for
p.000069: alteration, replacement or deprivation of this right.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Art. 34.- Right to cultural identity.- Children and adolescents have the right to keep,
p.000069: develop, strengthen and recover their identity and spiritual, cultural, religious, linguistic values,
p.000069: political and social and to be protected against any type of interference that is intended to replace, alter
p.000069: or decrease these values.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 21, 57
p.000069: Art. 35.- Right to identification.- Boys and girls have the right to be registered
p.000069: immediately after birth, with the corresponding paternal and maternal surnames. The State will guarantee
p.000069: the right to identity and identification through a Civil Registry service with agile procedures,
p.000069: free and easy to obtain identity documents.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 708
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69
p.000069: Art. 36.- Norms for identification.- In the live birth certification, which must be issued under the
p.000069: responsibility of the public or private health center or institution that attended the birth, the
p.000069: fingerprint identification of the mother and plantar identification of the newborn or newborn boy or girl. In cases of
p.000069: late registration, the fingerprint of the child or adolescent must be registered in the respective file.
p.000069: When the identity of one of the parents is unknown, the child or adolescent will bear the surnames of the
p.000069: parent who registers it, without prejudice to the right to obtain legal recognition
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 8
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: from the other parent.
...
p.000069: personal, physical, psychological, cultural, emotional and sexual integrity. They may not be subjected to torture,
p.000069: cruel and degrading treatment.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 51.- Right to personal liberty, dignity, reputation, honor and image.- Children and adolescents have
p.000069: right to respect:
p.000069: a) Your freedom, with no limitations other than those established by law. Parents and those responsible for their care
p.000069: they will guide them in the exercise of this right; and,
p.000069: b) Their dignity, self-esteem, honor, reputation and self-image. They should be provided with warm and good relationships
p.000069: treatment based on the recognition of their dignity and respect for differences.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 13
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 52.- Prohibitions related to the right to dignity and image. It's prohibited:
p.000069: 1. The participation of children and adolescents in programs, advertising messages, in productions of
p.000069: pornographic content and in shows whose content is inappropriate for their age;
p.000069: 2. The use of children or adolescents in programs or shows of political proselytizing or
p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
...
p.000069: or adolescent for the proper exercise of this right, according to their evolutionary development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 62.- Right to freedom of assembly.- Children and adolescents have the right to assemble publicly and
p.000069: peacefully for the promotion, defense and exercise of your rights and guarantees.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 63.- Right of free association.- Children and adolescents have the right to freely associate with
p.000069: lawful purposes. This right includes the possibility of adolescents to form associations without ends
p.000069: of profit, according to the law.
p.000069: The State will guarantee and promote the exercise of this right; mainly in terms of associations
p.000069: student, cultural, sports, labor and community.
p.000069: Any restriction on the exercise of this right, which is not expressly provided for in the law, is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Chapter VI
p.000069: Duties, capacity and responsibility of children and adolescents
p.000069: Art. 64.- Duties.- Children and adolescents have the general duties that the Political Constitution imposes on
p.000069: citizens, as long as they are compatible with their condition and evolutionary stage. They are specially obliged to:
p.000069: 1. Respect the Homeland and its symbols;
p.000069: 2. Know the reality of the country, cultivate the national identity and respect its multiculturalism; exercise and defend
p.000069: effectively your rights and guarantees;
p.000069: 3. Respect the rights and individual and collective guarantees of others;
p.000069: 4. Cultivate the values ​​of respect, solidarity, tolerance, peace, justice, equity and democracy;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 16
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 5. Fulfill your responsibilities regarding education;
p.000069: 6. Act honestly and responsibly at home and at all stages of the educational process;
p.000069: 7. Respect their parents, teachers and those most responsible for their care and education; and,
p.000069: 8. Respect and contribute to the preservation of the environment and natural resources.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 83
p.000069: Art. 65.- Validity of legal acts.- The legal capacity regarding acts held by children and
p.000069: adolescents will comply with the provisions of the Civil Code, except in the following cases:
p.000069: 1. The acts and contracts of adolescents who have not turned fifteen are relatively null without prejudice to
...
p.000069: Note: The Ministry in charge of Labor Relations will assume the competence of article 95, numeral 4 of the Code.
p.000069: Childhood and Adolescence. Given by fourth reform provision of Law No. 0, published in the Official Registry
p.000069: Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 148, 156, 628
p.000069: SECOND BOOK
p.000069: THE BOY, GIRL AND ADOLESCENT IN HIS FAMILY RELATIONS
p.000069: TITLE I
p.000069: GENERAL DISPOSITION
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 25
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 96.- Nature of the family relationship.- The family is the basic nucleus of social formation and the environment
p.000069: natural and necessary for the integral development of its members, mainly boys, girls and
p.000069: teenagers. It receives the support and protection of the State so that each of its members can
p.000069: Fully exercise your rights and assume your duties and responsibilities.
p.000069: Its internal legal relations of a non-patrimonial nature are very personal and, therefore,
p.000069: inalienable, non-transferable and non-transferable. Except for the cases expressly provided by law, they are also
p.000069: imprescriptibles.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: Art. 97.- Protection of the State.- The state protection referred to in the previous article is
p.000069: expressed in the adoption of social policies and the execution of plans, programs and political actions,
p.000069: economic and social resources that assure the family the sufficient resources to fulfill their duties and
p.000069: responsibilities for the integral development of its members, especially children and adolescents.
p.000069: Art. 98.- Biological family.- Biological family is understood as the one formed by the father, the mother, their descendants,
p.000069: ascendants and collaterals up to the fourth degree of consanguinity.
p.000069: Adopted children and adolescents are assimilated to biological children. For all intents and purposes the father and the
p.000069: adoptive mothers are considered as parents.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: Art. 99.- Filiation unit.- All children are equal before the law, the family and society. I know
p.000069: prohibits any indication that establishes differences of affiliation and require statements indicating their
p.000069: modality.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 69
p.000069: Art. 100.- Parental responsibility.- The father and the mother have equal responsibilities in the direction and
...
p.000069: consanguinity;
p.000069: 3. Deprivation of parental authority to both parents; and,
p.000069: 4. Consent of the father, mother, or both parents, as appropriate, that would not have been
p.000069: deprived of parental authority.
p.000069: In the cases of numerals 1, 3 and 4 the Judge will declare the adoptability whenever, in addition to the circumstances
p.000069: described there, the child or adolescent lacks other relatives up to the third degree of consanguinity, or these
p.000069: are unable to permanently and stable assume their care and protection.
p.000069: The Judge who declares the adoptability of a child or adolescent must notify the Technical Unit of
p.000069: Adoptions of the respective jurisdiction, within a maximum period of ten days from the sentence
p.000069: was executed.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Article 159.- Requirements for adopters.- Candidates for adopters must meet the following requirements:
p.000069: 1. Be domiciled in Ecuador or in one of the states with which Ecuador has signed agreements of
p.000069: adoption;
p.000069: 2. Be legally capable;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 45
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 3. Be in full exercise of political rights;
p.000069: 4. Be over twenty-five years old.
p.000069: 5. Have an age difference of not less than fourteen nor greater than forty-five years with the
p.000069: adopted. The minimum difference will be reduced to ten years when it comes to adopting the spouse's child or
p.000069: cohabiting, in cases of de facto union that meets legal requirements. These age limitations are not
p.000069: apply to cases of adoption between relatives. For couples, the age limits will apply
p.000069: to the spouse, or younger partner;
p.000069: 6. In the case of a couple of adopters, they must be heterosexual and have been together for more than three years, in marriage or
p.000069: de facto union that meets legal requirements;
p.000069: 7. Enjoy adequate physical and mental health to fulfill parental responsibilities;
p.000069: 8. Have indispensable economic resources to guarantee the adoptee the satisfaction of their needs
p.000069: basic; and,
p.000069: 9. Failure to record a criminal record for crimes punishable by imprisonment.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1462, 1463
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 73 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000061: 61
p.000061: Art. 160.- Adoption by the guardian.- The guardian can adopt the conservatee once he has legally ceased
p.000061: of his office and the accounts of his administration have been judicially approved.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 252
...
p.000061: The information gathered by the actions described in this article will be forwarded to the Technical Adoption Unit, which
p.000061: It will keep an updated statistic on the compliance of the different countries and entities of
p.000061: international adoption of the commitments assumed. Failure to submit reports
p.000061: Follow-up will be sufficient cause to terminate the international adoption agreement.
p.000061: Art. 187.- Obligations for adoption entities.- International adoption entities are
p.000061: forced to:
p.000061: 1. Maintain a legal representative in Ecuador;
p.000061: 2. Be covered by a current adoption agreement;
p.000061: 3. Accredit the authorization to manage international adoptions, granted by the central authority
p.000061: of adoptions, or their delegates, of the country of domicile of the adopters where the person will live
p.000061: adopted
p.000061: 4. Have the registration and registration of the program with the Ministry of Social Welfare;
p.000061: 5. Guarantee the capacity for overseas monitoring of adopted children and adolescents;
p.000061: 6. Thoroughly inform applicants of adoption costs; and,
p.000061: 7. Facilitate the access of the competent control authority to your administrative information and
p.000061: financial.
p.000061: Article 188.- International agreements on adoption.- The State may not sign international agreements
p.000061: on adoption that does not at least respect the rights, guarantees and procedures
p.000061: established in the Political Constitution, the Convention on the Rights of the Child, international instruments
p.000061: on the matter, the Hague Convention on the Protection of Children and Cooperation in the Matter of
p.000061: International adoption, this Code and the policies defined by the Ministry in charge of affairs
p.000061: of economic and social inclusion.
p.000061: Said agreements shall stipulate, at least:
p.000061: 1. The minimum requirements to be met by candidates for adopters, which in no case may be less than
p.000061: required for national adoption;
p.000061: 2. The indication of mechanisms for evaluating the agreement;
p.000061: 3. The commitment of accountability in all those matters that are required by the authority
p.000061: central; and,
p.000061: 4. The obligation of the counterparty to send the reports that are requested.
p.000061: In the negotiation of agreements, it should, try to contemplate the prerogative of the country to terminate
p.000061: unilaterally the agreement in case of breach.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69, 45, 46
p.000061: Article 189.- Receptive adoption.- Foreign children and adolescents who by virtue of adoption by
p.000061: Ecuadorians or foreigners residing in Ecuador permanently reside in the country, they will enjoy all
p.000061: rights, guarantees, attributes, duties and responsibilities that the law and international instruments confer
p.000061: according to the national adoption regime.
p.000061: THIRD BOOK
p.000061: OF THE DECENTRALIZED NATIONAL SYSTEM FOR THE INTEGRAL PROTECTION OF CHILDREN AND ADOLESCENTS
p.000061: TITLE I
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 52
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: GENERAL DISPOSITION
p.000061: Art. 190.- Definition and objectives of the system.- The National Decentralized System of Integral Protection
p.000061: to Children and Adolescents is an articulated and coordinated set of organizations, entities and services, public and
p.000061: private, which define, execute; control and evaluate the policies, plans, programs and actions, with
p.000061: the purpose of guaranteeing the comprehensive protection of children and adolescents; define measurements,
p.000061: procedures; sanctions and remedies, in all areas, to ensure validity, exercise,
p.000061: enforceability and restitution of the rights of children and adolescents, established in this
p.000061: Code, the Political Constitution and international legal instruments.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 45, 46
p.000061: Art. 191.- Guiding principles.- The National Decentralized System for the Comprehensive Protection of Children and Adolescents.
p.000061: is based on the principles enshrined in the Political Constitution of the Republic, the instruments
p.000061: international and this Code.
p.000061: It also obeys specific principles that inform its construction as a system:
p.000061: social participation, decentralization and deconcentration of their actions; the legality, the economy
p.000061: procedural, the motivation of all administrative and jurisdictional act, efficiency and effectiveness; and the
p.000061: co-responsibility of the State, family and society.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46
p.000061: Art. 192.- Organisms of the system.- The National Decentralized System for the Comprehensive Protection of Children and
p.000061: Adolescence is made up of three levels of organisms:
p.000061: 1. Organizations for defining, planning, controlling and evaluating policies, which are:
p.000061: a) The National Council for Children and Adolescents; and,
p.000061: b) The Cantonal Councils for Children and Adolescents;
p.000061: 2. Organizations for the protection, defense and enforcement of rights. Are:
p.000061: a) The Cantonal Boards for the Protection of Rights;
p.000061: b) The Administration of Specialized Justice for Children and Adolescents; and,
p.000061: c) Other organisms.
p.000061: 3. Organisms for the execution of policies, plans, programs and projects. Are:
p.000061: a) Public service entities; and,
p.000061: b) Private attention entities.
p.000061: TITLE II
...
p.000061: in this Code and more laws, in favor of a child or adolescent, and whose conduct of action or omission does not have
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
p.000061: 5. Educational establishments that unjustifiably expel a child or adolescent,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 66
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: do not allow their right to defense and deny the guarantees of due process;
p.000061: 6. Educational establishments that impose unjustified disciplinary sanctions on a child or adolescent,
p.000061: do not allow their right to defense and deny the guarantees of due process; and,
p.000061: 7. Establishments and authorities that violate the exercise of the right to diversity or cultural identity.
p.000061: The payment of the fine does not exempt educational establishments from restoring the violated right.
p.000061: Art. 250.- Violations against the right to information.- They will be sanctioned with the fine indicated in the article
p.000061: previous:
p.000061: 1. The media, cinemas, theaters and public shows and those responsible for their programming, which
p.000061: comply with the obligation to announce, with due anticipation, the nature and age classification for the audience
p.000061: or enter their programs;
...
p.000061: Article 211. The same sanction shall be incurred, in cases of similar non-compliance, by natural persons who have
p.000061: his position a protection program;
p.000061: 4. Public officials, of the central and sectional administration, who do not send the information in a timely manner and
p.000061: documents that are required by the Cantonal Boards of Protection of Rights or the Municipalities, for the
p.000061: fulfillment of its functions;
p.000061: 5. The judge ministers, members of the Cantonal Councils for Children and Adolescents and of the Protection Boards
p.000061: of Rights and municipalities, judges and public officials, who refuse to hear a boy, girl or
p.000061: adolescent, who are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 6. Those who by any means put restrictions that prevent the exercise of the right of assembly and free association
p.000061: of a boy, girl or adolescent, outside the cases expressly allowed by law;
p.000061: 7. The members of the Public Ministry, the defenders of childhood and adolescence, the public defenders or the
p.000061: public defenders, lawyers, experts, secretaries, officers, and clerks of the courts and tribunals, who
p.000061: unreasonably delay the judicial procedures regulated in this Code;
p.000061: 8. Those who use or allow the use of children or adolescents who have not reached the age of sixteen, in
p.000061: political or religious proselytizing programs or shows;
p.000061: 9. Commercial establishments and people who sell alcoholic beverages and cigarettes to minors
p.000061: eighteen years;
p.000061: 10. Those who violate the right to association, assembly and demonstration of children and
p.000061: adolescents, in the terms enshrined in this Code; and,
p.000061: 11. Public officials who impede the right of children and adolescents to their identity and
p.000061: ID.
p.000061: Note: Number 7. reformed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 729
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 66, 362, 365
p.000061: Article 254.- Sanction to the judges for the delay in the processing of the processes.- Without prejudice to the
p.000061: civil, administrative or criminal responsibilities that correspond, will be sanctioned with a fine equivalent to three
p.000061: dollars for each business day or fraction of the day that exceeds the maximum time of substantiation of the trials and
p.000061: administrative procedures that know, in accordance with the provisions of this Code, the
p.000061: Judge Ministers of the Supreme Court and Superior Courts, the Judges of Children and Adolescents and the
p.000061: members of the Boards of Protection of Rights.
p.000061: In the case of judges, judges, civil servants and judicial servants, the infraction will be
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 68
...
p.000061: Note: Article replaced by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 261.- Supplementary regulations.- In everything related to the organization of the Administration of Justice for Children
p.000061: and Adolescence, which is not contemplated in this Code, the rules of the Organic Law of the
p.000061: Judicial function.
p.000061: Art. 262.- Jurisdiction of the Teenage Offender Judges. Corresponds to the Teen Judges
p.000061: Offenders within their respective territorial constituencies, knowledge and resolution of matters
p.000061: related to the responsibility of the adolescent who treats the Fourth and Fifth Books.
p.000061: In the cantons where there is no judge of offending adolescents, the knowledge of the causes will correspond to the
p.000061: Family judge, woman, childhood and adolescence.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 70
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: CIVIL PROCEDURE CODE, Arts. 1, 16
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 175, 178
p.000061: Art. 263.- Special requirements to be a Judge.- In addition to the general requirements established in the Organic Law of
p.000061: the judicial function, to be a judge for children and adolescents, you must participate in an opposition contest and
p.000061: merits, whose aptitude test will include an evaluation of the candidate's knowledge and understanding
p.000061: about the principles and rules of this Code, Political Constitution, Convention on
p.000061: Rights of the Child and more international instruments in force on the rights and guarantees of children
p.000061: and adolescents.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 170
p.000061: Chapter III
p.000061: The judicial action for protection
p.000061: Art. 264.- Purpose and nature.- The judicial action for protection aims to obtain a
p.000061: judicial order for the protection of the collective and diffuse rights of children and
p.000061: adolescence, and consists in the imposition of a certain behavior of action or omission, of possible
p.000061: compliance, directed to the person or entity required, with the precautions provided by law.
p.000061: Art. 265.- Active legitimation. - The following may propose legal action for protection:
p.000061: a) The Rights Protection Boards, in cases of threats or violations of rights produced in their
p.000061: respective jurisdiction;
p.000061: b) The Ombudsman's Office; and,
p.000061: c) Any person over the age of fifteen who has an interest in it.
p.000061: For the action of literal c), the sponsorship of a lawyer will be required.
p.000061: Art. 266.- Competent body.- Knowledge and resolution of the judicial action for protection
...
Health / Cognitive Impairment
Searching for indicator cognitive:
(return to top)
p.002014: general instruction and sociocultural and sports activities.
p.002014: 4. Integral health and permanent treatment.
p.002014: 5. The visiting regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER I
p.002014: THE TREATMENT
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 400.- Individual plan of application of the socio-educational measure.- For adolescents at liberty
p.002014: assisted, home hospitalization, weekend hospitalization, hospitalization with semi-open regime and
p.002014: institutional internment, individual plans of application of the socio-educational measure will be elaborated and executed,
p.002014: in accordance with the respective Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 401.- Programs.- The programs carried out in the centers will be framed in the following categories:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 106
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Education program that includes basic and higher, formal and informal instruction that contributes to the development of
p.002014: motor, psycho-affective and cognitive learning abilities and skills, in order to guarantee their access and
p.002014: permanence to the educational system.
p.002014: 2. Program to reduce violence and sexual assault.
p.002014: 3. Physical culture and sports program.
p.002014: 4. Cultural and artistic program.
p.002014: 5. Physical, sexual and mental health program.
p.002014: 6. Program of labor, productive and community service activities.
p.002014: 7. Crafts and plastic arts program.
p.002014: 8. Program that strengthens family ties.
p.002014: 9. Participation and human rights program.
p.002014: 10. Agricultural promotion and development program.
p.002014: 11. Programs and projects approved by the Ministry in charge of justice and rights affairs
p.002014: humans.
p.002014: 12. Others determined by the Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 402.- Record of program activities.- Each Center will keep a record of activities that the adolescent
p.002014: It is complying and its progress in them, according to its individualized program of
p.002014: application of the socio-educational measure, which will include the reports of the technical team, the
p.002014: comprehensive development evaluation, results, observations and recommendations that
p.002014: presented quarterly to the entity in charge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
...
Searching for indicator impairment:
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p.000061: with a family member or with anyone you indicate.
p.000061: The adolescent will have the free assistance of an interpreter, if he does not understand or speak the
p.000061: language used.
p.000061: In all cases, the legal representatives of the investigated, questioned or detained, will be informed of
p.000061: righ now.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 77
p.000061: Art. 313.- Right to defense.- The adolescent has the right to an adequate professional defense during all
p.000061: instances of the process. When you do not have a private defender, you will be assigned, within a period of
p.000061: twenty-four hours, a specialized public defender, who will assume the case within twenty-four hours
p.000061: following notification of your assignment.
p.000061: The lack of defender will cause the nullity of everything acted in defenselessness.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 314.- Right to be heard and question.- At all stages of the process, the adolescent subjected to trial
p.000061: you have the right:
p.000061: 1. Free and complete access to documents and parts of the process;
p.000061: 2. To be heard in any instance of the process; and,
p.000061: 3. To question directly or through their defense attorney and orally, the witnesses and experts, who will be
p.000061: obliged to appear before the judge for this purpose.
p.000061: The adolescent may be heard and questioned by sign language in case of hearing impairment.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 315.- Procedural speed. - Judges, Prosecutors for Teenage Offenders, public or private defenders and
p.000061: the Technical Office of the Administration of Justice must promptly promote the actions
p.000061: judicial. Those who unduly delay the process followed against a teenager, will be sanctioned in the form
p.000061: provided for in this Code, without prejudice to the penalties provided for in other laws.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 80
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 99
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 253, 254 CONSTITUTION
p.000061: OF THE REPUBLIC OF ECUADOR, Arts. 169
p.000061: Art. 316.- Right to be instructed on procedural actions.- The adolescent has the right to be instructed with
p.000061: clarity and precision by its defender, the Prosecutor, the team, the Technical Office and especially by the Judge,
p.000061: about the meaning, objectives and consequences of each of the actions and steps of the process.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 75, 77
...
Health / Drug Dependence
Searching for indicator dependence:
(return to top)
p.000069: will grant or deny, with knowledge of the cause, within a period not exceeding fifteen days.
p.000069: Art. 111.- Limitation of parental authority.- When advised by the best interests of the son or daughter, the Judge may
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
p.000069: 5. Alcoholism and dependence on narcotic or psychotropic substances, which endanger development
p.000069: integral of the son or daughter; and,
p.000069: 6. When inciting, causing or allowing the minor to execute acts that violate his physical or moral integrity.
p.000069: Once the cause that motivated the suspension has disappeared, the affected parent may request the Judge to
p.000069: restitution of parental authority.
p.000069: Parental authority with respect to one of the parents suspended; will be exercised by the other who does not
p.000069: find disabled. If both are, a guardian will be given to the son or daughter.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
p.000069: 5. Manifests lack of interest in maintaining with the son or daughter the parental relationships essential for their
...
Searching for indicator dependency:
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p.000069: risky that are prohibited for adolescents, taking into account their nature, conditions and risk
p.000069: for their life and personal integrity, health, education, security and integral development.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CONSTITUTION OF THE REPUBLIC
p.000069: DEL ECUADOR, Arts. 46
p.000069: Chapter II
p.000069: I work as employees
p.000069: Art. 88.- Forms of the employment contract.- The individual employment contract for adolescents is
p.000069: It shall be held in writing and shall be registered with the Municipality and with the Labor Inspectorate of the respective jurisdiction.
p.000069: The employer has the obligation to register the employment contract within thirty days, without
p.000069: prejudice to the adolescent's right to request such registration by himself.
p.000069: In the absence of a written contract, the adolescent may prove the employment relationship by any means, including
p.000069: the deferred oath.
p.000069: Whenever a person benefits from the work of a teenager; it is presumed, for all legal purposes, the
p.000069: existence of an employment relationship.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 8, 12, 14, 35, 144, 147, 593 CODE OF CIVIL PROCEDURE, Arts. 148
p.000069: Art. 89.- Labor and social rights.- Adolescents who work under the relationship of
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 23
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: dependency, enjoy all the rights and benefits, individual and collective, provided by law
p.000069: labor, social security and education; plus the specific rights contemplated in this Code.
p.000069: Art. 90.- Of the apprentices.- In the apprenticeship contracts there will be a clause on the mechanisms
p.000069: transfer to the adolescent of the knowledge of the trade, art or form of work. These contracts will not last
p.000069: more than two years, in the case of artisan work, and six months, in industrial work or other type of work.
p.000069: Employers will especially guarantee the exercise of the rights to education, health and rest of their
p.000069: apprentices.
p.000069: In no case shall the adolescent apprentice's remuneration be less than 80% of the remuneration corresponding to the
p.000069: adult for this type of work, art or trade.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 157, 158, 168
p.000069: Art. 91.- Domestic work.- Adolescents who work in domestic service will have the same
p.000069: rights and guarantees that adolescent workers in general.
p.000069: The employer will ensure the physical, psychological and moral integrity of the adolescent and will guarantee their
p.000069: rights to food, education, health, rest and recreation.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 262, 268, 269
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24, 39, 329
p.000069: Art. 92.- Training work.- Children and adolescents may carry out training activities that
p.000069: incorporate work as an important element in their comprehensive training. These activities must be carried out in
p.000069: conditions suitable for their age, capacity, physical state and intellectual development, respecting their values
p.000069: moral and cultural, their rights to rest, recreation and play.
p.000069: Programs that incorporate work with the purpose indicated in this article, will give priority to the demands
p.000069: pedagogical related to the integral development of the child or adolescent, over the productive objectives.
p.000069: Chapter III
p.000069: Work without dependency relationship
p.000069: Art. 93.- Self-employment.- The municipalities will grant, in their respective jurisdictions, the permits to
p.000069: that adolescents who have reached the age of fifteen carry out economic activities on their own behalf
p.000069: own, provided they are not those considered harmful or harmful or that are prohibited in
p.000069: this or other legal bodies.
p.000069: Each Municipality will keep a record of these authorizations and will control the development of activities
p.000069: authorized to adolescents.
p.000069: The adolescents authorized in accordance with the previous paragraph, will receive from the Municipality a work card that
p.000069: will provide the following benefits: free access to public shows determined by regulation,
p.000069: preferential access to protection programs such as soup kitchens, medical services, night shelters,
p.000069: free registration and exemption from other payments in the tax and municipal educational centers.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 24
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The Ministry in charge of Labor Relations will issue the Regulations for issuing the license
p.000069: and the regulation of the benefits it provides.
p.000069: Note: Fourth paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 35, 138
p.000069: Chapter IV
p.000069: Protection measures and work-related sanctions
...
p.000069: Private must have the operating permit of the Ministry of Public Health.
p.000069: The identity of the person to whom the sample belongs will be verified by means of the identity card
p.000069: or citizenship or passport or any other mechanism that reliably ensures the identity of the person
p.000069: and, the registration of your fingerprint. Identification and sampling will be done in the presence of the authority that the
p.000069: orders or its delegate, the expert and the parties or those who represent them.
p.000069: DNA test results are confidential. All movement of the sample must be registered with
p.000069: indication of the date, time and the name and identification of the people who intervened. The Judge may
p.000069: arrange for police assistance, the intervention of medical lawyers or other experts at the request of the party
p.000069: interested, to ensure the authenticity and reliability of the taking of samples, their examination, custody and
p.000069: transport.
p.000069: Art. 12.- Responsibility of the experts.- The experts will be administrative, civil and criminal
p.000069: responsible for the procedures and methodology, false or adulterated results of the tests they perform and
p.000069: for the reports they issue, without prejudice to the joint civil liability of the laboratory in which
p.000069: The expertise and disqualification of the expert by the Prosecutor's Office have been practiced. This responsibility extends to
p.000069: facts and acts of the people who intervene under his direction or dependency in said tests or reports.
p.000069: Art. 13.- Sufficiency of the DNA test.- The DNA test with the conditions of suitability and security provided
p.000069: in this law, it will be considered sufficient to affirm or rule out paternity or maternity. Will not be
p.000069: admitted the delay of the cause through the request of new evidence, except
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 35
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: that it be founded and prove the breach of the conditions provided in this law.
p.000069: Art. 14.- How to provide alimony.- The Judge will fix the payment of the alimony and subsidies and
p.000069: mainly additional benefits, and, if requested by the food company or its representative, to
p.000069: through the deposit of a sum of money that must be made in advance monthly payments,
p.000069: within the first five days of each month, and, in the case of subsidies and additional benefits, on the date indicated
p.000069: for the effect; in the account indicated for it, whose deposit certificate will constitute proof for
p.000069: demonstrate the payment or lack of in favor of the beneficiary / or of who legally represents it.
p.000069: In addition, payment of alimony and subsidies and additional benefits of
p.000069: as follows:
p.000069: a) The constitution of usufruct rights, the receipt of a rental pension or other similar mechanism,
p.000069: that ensure income or other fruits sufficient for the due provision of food of the beneficiary; and,
p.000069: b) The direct payment or satisfaction by the obligor of the beneficiary's needs that
p.000069: determine the Judge.
p.000069: In the case of usufruct or the perception of the rental income from real estate, the Judge will verify
p.000069: that are not limited by other real or personal rights or affected by embargo,
...
p.000069: Statistics and Censuses, (INEC) in the month of December of the immediately previous year and in the same percentage in which
p.000069: increase the unified basic remuneration of the worker in general.
p.000069: In cases where the income of the father and mother do not exist or are insufficient to
p.000069: satisfy the needs of the rightful holder, the Judge at the request of a party, will dispose the other liable parties, the payment
p.000069: of part or all of the fixed amount, who may exercise the action
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 36
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: of repetition of the payment against the father and / or the mother, legally obliged to fulfill this benefit.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Art. 16.- Subsidies and other legal benefits.- In addition to providing food, the person fed has the right to
p.000069: receive the following additional benefits from their father and / or mother:
p.000069: 1.- The legal or conventional subsidies for family expenses received by the defendant;
p.000069: 2.- Two additional alimony payments to be paid in the months of September and December of each year for
p.000069: the provinces of the Sierra educational system and in the months of April and December for the
p.000069: provinces of the educational regime of the Coast and Galapagos. Payment of additional pensions will be made
p.000069: even if the defendant does not work under a dependency relationship; and, 3.- 5% of the amount of legal profits
p.000069: received by the food provider for family charges, which must be prorated among all those who
p.000069: they are entitled to alimony, when they are entitled to said utilities.
p.000069: Art. 17.- Of the effect of res judicata.- The order that fixes the amount of the alimony and those forced to
p.000069: lending it does not have the effect of res judicata.
p.000069: Art. 18.- Obligations of public and private entities.- If the person obligated to pay maintenance receives remuneration,
p.000069: fees, retirement pension or other income, with or without dependency relationship, the car that fixes the pension
p.000069: Food will be notified to the payer or whoever substitutes it. The entity responsible for making the payment will have the
p.000069: obligation to deposit the fixed pension within the term of 48 hours, counted from the moment in which
p.000069: received the notification from the Judge, for which the original or copy shall be sent to this authority
p.000069: certified deposit. In the same term, the information requested by the Judge on the
p.000069: total income received by the defendant.
p.000069: Failure to comply with the provisions of the preceding paragraph, shall jointly and severally liable the
p.000069: employer, with the respective default interest.
p.000069: If the employer or the entity obliged to provide the information does not do so within 48 hours,
p.000069: hide or provide incomplete or false information about the income that the defendant receives, will not comply with
p.000069: the obligations determined in this law, make difficult or impossible the faithful and timely fulfillment of the obligation
p.000069: food, will be sanctioned, if it is from the private sector, with a fine equivalent to twice the value of the
p.000069: benefit set by the judge and in case of recidivism with a fine equivalent to three times the value of the
p.000069: benefit set by the judge.
p.000069: If the entity is public, the responsible official will be sanctioned, with the value of the fine
p.000069: previously indicated and in case of recidivism, with the dismissal of the post, after the administrative summary
p.000069: correspondent. The same judge who imposed the sanction will be competent to execute the sanctions
p.000069: planned. These fines will be deposited in the account that the claimant has credited for the deposit
p.000069: of alimony.
...
p.000061: technical body responsible for monitoring and controlling compliance with the commitments assumed by
p.000061: the Ecuadorian State in said instruments and to prepare the corresponding reports;
p.000061: j) Propose to the representatives of the Ecuadorian State before international organizations in the area of ​​childhood and
p.000061: adolescence, considering candidates that due to their experience guarantee adequate representation;
p.000061: k) Promote the signing of conventions, treaties and other international instruments that are related to the
p.000061: children and adolescents at the national level, supporting initiatives that are promoted in this area from the
p.000061: Cantonal Councils;
p.000061: l)
p.000061: m)
p.000061: n)
p.000061: or)
p.000061: p)
p.000061: q)
p.000061: r)
p.000061: s)
p.000061: t)
p.000061: or)
p.000061: Note: Literals l) to u) repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 196.- Integration and duration of its members.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 197.- Form of election.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 198.- Operating rules.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Chapter I
p.000061: The Executive Secretariat of the National Council for Children and Adolescents
p.000061: Art. 199.- Legal nature and organic-functional dependency.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 200.- The National Executive Secretary.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 55
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Chapter II
p.000061: The Cantonal Councils for Children and Adolescents
p.000061: Art. 201.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 202.- Functions.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 203.- Constitution and integration.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 204.- The Executive Secretariat.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: TITLE IV
p.000061: OF THE BODIES OF PROTECTION, DEFENSE AND DEMANDABILITY OF RIGHTS
p.000061: Chapter I
p.000061: The Cantonal Boards for the Protection of Rights
p.000061: Art. 205.- Legal Nature.- The Cantonal Boards for the Protection of Rights are operating level bodies, with
p.000061: administrative and functional autonomy, which have as a public function the protection of rights
...
Health / Drug Usage
Searching for indicator drug:
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p.000069: Any form of sexual harassment or abuse will be brought to the attention of the competent Tax Agent for the purposes of the
p.000069: law, without prejudice to the corresponding administrative investigations and sanctions.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 4
p.000069: Art. 69.- Concept of sexual exploitation.- Prostitution and pornography constitute sexual exploitation.
p.000069: childish. Child prostitution is the use of a child or adolescent in sexual activities in exchange for
p.000069: remuneration or any other remuneration. Child pornography is any representation, by any
p.000069: medium, of a boy, girl and adolescent in explicit, real or simulated sexual activities; or your organs
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
p.000069: the delivery or receipt of undue payments or benefits aimed at obtaining the consent of
p.000069: the parents, persons or institution in whose charge the child or adolescent is.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 46
p.000069: Art. 71.- Concept of loss of children or adolescents.- For the purposes of this Code, it is considered
p.000069: loss of children or adolescents, their voluntary or involuntary absence from the home, educational establishment or
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
...
Searching for indicator influence:
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p.000061: evaluation and trial preparation in which it will decide if there are sufficient merits to proceed to the trial of the
p.000061: Teen. This hearing will be held within a minimum period of six and a maximum of ten days from the
p.000061: date of request.
p.000061: The fiscal accusation must meet the requirements set forth in the Organic Comprehensive Criminal Code.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 355.- Call.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 74, 75, 76, 77 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 92
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 356.- Evaluation Hearing and trial preparation. The Assessment Hearing and
p.000061: preparatory trial will be conducted in accordance with the following rules:
p.000061: 1. Once the hearing is installed, the judge will request the procedural subjects to rule on the vices
p.000061: formal regarding what has been done. If pertinent, they will be corrected at the same hearing.
p.000061: 2. The judge will decide on questions of procedure, preliminary ruling, competence and
p.000061: procedural issues that may affect the validity of the process. Nullity will always be declared
p.000061: that may influence the decision of the process or cause defenselessness. Any omission will hold the
p.000061: judges who incur it, who will be sentenced on the respective coasts.
p.000061: 3. The judge will give the prosecution the floor to expose the grounds of his accusation. Then it will intervene
p.000061: the victim, if present, and the adolescent's advocate.
p.000061: 4. At this hearing, proposals for conciliation, suspension of the trial process, or
p.000061: remission.
p.000061: 5. After the intervention of the procedural subjects, if there are no procedural defects that affect the validity
p.000061: procedural will continue the hearing, for which the parties must:
p.000061: a) Announce the evidence that will be presented at the trial hearing, make requests and
p.000061: approaches that they consider relevant regarding the offer of evidence made by others
p.000061: intervening parties.
p.000061: b) Request the exclusion, rejection or inadmissibility of the evidence, in accordance with the provisions of the
p.000061: Law, that are aimed at proving notorious facts or that for any other reason do not require proof.
p.000061: The judge will rule in a motivated way rejecting the objection or accepting it and in the latter case, will declare what
p.000061: Evidence is ineffective until then procedural excluding the practice of illegal means of evidence.
p.000061: c) The evidentiary agreements will be made by mutual consensus between the parties or at the request of one of them when the
p.000061: fact it is unnecessary to prove, including on the appearance of the experts to give testimony on
p.000061: the reports submitted.
p.000061: 6. In no case will the judge order the practice of evidence ex officio.
p.000061: 7. After the interventions of the procedural subjects, the judge will verbally announce his resolution of
...
Health / Mentally Disabled
Searching for indicator disabled:
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p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
p.000069: 5. Alcoholism and dependence on narcotic or psychotropic substances, which endanger development
p.000069: integral of the son or daughter; and,
p.000069: 6. When inciting, causing or allowing the minor to execute acts that violate his physical or moral integrity.
p.000069: Once the cause that motivated the suspension has disappeared, the affected parent may request the Judge to
p.000069: restitution of parental authority.
p.000069: Parental authority with respect to one of the parents suspended; will be exercised by the other who does not
p.000069: find disabled. If both are, a guardian will be given to the son or daughter.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
p.000069: 5. Manifests lack of interest in maintaining with the son or daughter the parental relationships essential for their
p.000069: integral development, for a period of more than six months;
p.000069: 6. Serious or repeated breach of the duties imposed by parental authority; and,
p.000069: 7. Allow or induce begging of the son or daughter.
p.000069: Private one of the parents of parental authority, will exercise the other who is not
p.000069: disabled. If both are, the non-emancipated son will be given a guardian. In the absence of relatives
p.000069: called by law to exercise guardianship either because it does not exist or because they cannot assume it, the Judge will declare in it
p.000069: the decision of deprivation, the adoptability of the child or adolescent.
p.000069: When the behaviors described in this article constitute a crime of public action of official instance,
p.000069: the Judge will send a copy of the file ex officio to the corresponding Prosecutor to initiate the criminal process.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 279, 281, 303, 306, 308, 311, 367, 385
p.000069: Article 114.- Inadmissibility of limiting, suspending or depriving parental authority for economic reasons.- The circumstance of
p.000069: Lack of sufficient financial resources is not causal to limit, suspend or deprive the father or mother
p.000069: of parental authority. Neither will it be done when due to migration motivated by needs
p.000069: economic, the father, the mother or both must temporarily leave the son or daughter in the care of a relative
p.000069: consanguineous throughout the straight line or up to the fourth degree of the collateral line. In this case it can only be suspended
p.000069: parental authority for the purpose of entrusting guardianship to the relative who received the order.
p.000069: Art. 115.- Active legitimation.- They have the action to request the limitation, suspension or deprivation of the homeland.
p.000069: power:
...
p.000069: who will suspend the exercise of this right in accordance with this standard;
p.000069: 2. Adults or adults up to the age of 21 years who demonstrate that they are studying in
p.000069: any educational level that prevents or hinders them from engaging in a productive activity and lack resources
p.000069: own and sufficient; and,
p.000069: 3. People of any age, who have a disability or their physical or mental circumstances prevent them
p.000069: or makes it difficult to procure the means to subsist on their own, as stated in the respective certificate issued
p.000069: by the National Council on Disabilities CONADIS, or the health institution that may have heard of the case
p.000069: that for the purpose must be presented.
p.000069: Art. 5.- Obliged to provide food.- Parents are the main holders of the
p.000069: maintenance obligation, even in cases of limitation, suspension or deprivation of parental authority.
p.000069: In case of: absence, impediment, insufficient resources or disability of the principal,
p.000069: duly verified by the person who alleges it, the competent authority shall order that the provision of food be
p.000069: paid or completed by one or more of the following required subsidiaries, based on their ability
p.000069: economically and as long as they are not disabled, in order:
p.000069: 1. The grandparents;
p.000069: 2. Siblings who have reached the age of 21 and are not included in the cases of numerals two
p.000069: and three from the previous article; and,
p.000069: 3. The uncles / as.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 33
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The competent authority, based on the order provided in the preceding paragraphs, in the degrees of kinship indicated,
p.000069: simultaneously and based on their resources, they will regulate the proportion in which said relatives will provide the pension
p.000069: alimony, until completing the total amount of the fixed pension or assuming it in its entirety, as the case may be.
p.000069: The relatives who have made the payment may exercise the action of repetition of the payment against the father and / or the
p.000069: mother.
p.000069: The judges will apply ex officio the international instruments ratified by Ecuador in order to
p.000069: guarantee the right to food of children and adolescents, daughters and sons of fathers or mothers
p.000069: that have migrated abroad, and will have all the necessary measures to ensure the effective collection of the
p.000069: pension.
p.000069: The central authority will act diligently to ensure respect for the rights of children and
p.000069: adolescents, and, will respond in case of negligence.
p.000069: Art. 6.- Procedural Legitimation.- They will be entitled to demand the provision of the maintenance right to
...
p.000069: If the entity is public, the responsible official will be sanctioned, with the value of the fine
p.000069: previously indicated and in case of recidivism, with the dismissal of the post, after the administrative summary
p.000069: correspondent. The same judge who imposed the sanction will be competent to execute the sanctions
p.000069: planned. These fines will be deposited in the account that the claimant has credited for the deposit
p.000069: of alimony.
p.000069: Art. 19.- Payment through the financial system.- In the first ruling the Judge will order that the rightful holder
p.000069: or his representative determines the current or savings account in which the alimony must be deposited.
p.000069: Art. 20.- Breach of what is owed.- In case of default in the payment of two or more pensions
p.000069: alimony, whether or not successive, the Judge will order the prohibition to leave the country of the debtor and its incorporation
p.000069: in the debtor registry that the Judicial Council will establish for this purpose.
p.000069: The debtor registry of the corresponding jurisdiction will be published on the Council's website
p.000069: of the Judiciary and this in turn will forward the list to the Superintendency of Banks and
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 37
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Insurance for the incorporation of debtors in the Registry System or Risk Center.
p.000069: Once the obligation has been canceled, the judge will order both the Judicial Council and the
p.000069: Superintendency of Banks deletion of the registry.
p.000069: Art. 21.- Disabilities of the maintenance debtor.- The father or mother who owes two or more maintenance pensions,
p.000069: as long as you do not cancel the expired obligations, you will be disabled to:
p.000069: a) Be a candidate for any dignity of popular election;
p.000069: b) Hold public office for which he / she has been selected in a public competition or by appointment;
p.000069: c) Dispose of movable or immovable property, unless the benefits are directly for the payment of alimony due,
p.000069: in which case judicial authorization will be required; and,
p.000069: d) Provide collateral or mortgage guarantees.
p.000069: Art. 22.- Personal award.- In case the father or mother fails to pay two or more pensions
p.000069: food, the Judge at the request of a party and after verification by the certification of the respective entity
p.000069: financial or non-payment, and will provide personal pressure for up to 30 days and the prohibition of leaving the country. In
p.000069: In case of recidivism, the personal pressure will extend for 60 more days and up to a maximum of 180 days.
p.000069: In the same resolution in which the deprivation of liberty is ordered, the Judge will order the search
p.000069: of the place where the debtor is, as long as the affidavit on concealment precedes
p.000069: of the obligor / s, by the party requesting said measure.
p.000069: Prior to ordering the release of the delinquent feeder, the Judge who knew the case, will carry out the
p.000069: liquidation of all due and will receive payment in cash or certified check. Paid
p.000069: the entire obligation, the judge will order immediate release.
p.000069: Without prejudice to the provisions of this article, the Judge may execute the payment against the others
p.000069: forced.
p.000069: A similar procedure will be followed when the obligor has stopped paying two or more obligations assumed by
...
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
p.000061: of the rights of children and adolescents must contemplate the coordinated action of all entities
p.000061: responsible, at national and local level, in order to optimize the resources and efforts that are made.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 46
p.000061: TITLE III
p.000061: POLICY DEFINITION, PLANNING, CONTROL AND EVALUATION AGENCIES
p.000061: Art. 194.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 195.- Functions of the National Council.- Corresponds to the Ministry in charge of matters of economic inclusion and
p.000061: Social:
p.000061: a) Define and evaluate compliance with the National Policy for the Comprehensive Protection of Children and
p.000061: Adolescence, ensure the correspondence of sectoral and sectional policies with the national policy of
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p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
p.000069: Art. 8.- Co-responsibility of the State, society and the family.- It is the duty of the State, society and the family,
p.000069: within their respective areas, adopt political, administrative, economic, legislative measures,
p.000069: social and legal that are necessary for full validity, effective exercise, guarantee, protection and
...
p.000069: another similar circumstance;
p.000069: 2. Inform about the health status of the child or adolescent, their parents or
p.000069: representatives;
p.000069: 3. Maintain individual records stating the care and monitoring of pregnancy, childbirth and the puerperium; and
p.000069: updated records of the mother's personal data, permanent address and family references;
p.000069: 4. Identify newborns immediately after delivery, by registering their
p.000069: fingerprints and plantar prints and the mother's first name, last name, age and fingerprint; and
p.000069: issue the corresponding legal certificate for immediate registration in the Civil Registry;
p.000069: 5. Inform the parents in a timely manner of the legal requirements and procedures for the child's enrollment.
p.000069: or girl in the Civil Registry;
p.000069: 6. Guarantee the safe permanence of the newborn with his mother, until both are in
p.000069: health conditions that allow them to subsist safely outside the establishment;
p.000069: 7. Diagnosis and medical follow-up of children born with pathological problems or
p.000069: disabilities of any kind;
p.000069: 8. Inform the parents in a timely manner about the ordinary and special care they must provide to the newborn
p.000069: born, especially to children who have been found to have a disability;
p.000069: 9. Encourage the child to be fed through breastfeeding, at least until the first year of
p.000069: lifetime;
p.000069: 10. Provide a warm and quality treatment compatible with the dignity of the child and adolescent;
p.000069: 11. Immediately report to the authorities and competent bodies the cases of children and adolescents with
p.000069: signs of sexual abuse or abuse; and those in which the identity or address of
p.000069: The parents;
p.000069: 12. Collect and retain evidence of sexual abuse or maltreatment; and,
p.000069: 13. Inform the competent authorities when children with evident disabilities are born.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 362, 365
p.000069: Art. 31.- Right to social security.- Children and adolescents have the right to security
p.000069: Social. This right consists of effective access to the general benefits and benefits of the system,
p.000069: in accordance with the law.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 7
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3. 4
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
...
p.000069: discriminatory measures due to pregnancy or maternity of an adolescent. No child or adolescent is
p.000069: You can deny registration or expel due to the condition of your parents.
p.000069: In any procedure aimed at establishing the responsibility of a child or adolescent for an act of
p.000069: indiscipline in an educational establishment, the right to defense of the student and their parents or
p.000069: representatives.
p.000069: Any form of sexual assault in educational establishments will be brought to the attention of the Agent
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
p.000069: that correspond in the educational field.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 10
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 42.- Right to education of children and adolescents with disabilities.- Children and adolescents
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
p.000069: Art. 43.- Right to cultural life.- Children and adolescents have the right to participate
p.000069: freely in all expressions of cultural life.
p.000069: In the exercise of this right they can access any public show that has been qualified
p.000069: as suitable for his age, by the competent authority.
p.000069: It is the obligation of the State and sectional governments to promote cultural, artistic and
p.000069: sports to which children and adolescents have access.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 22, 377
p.000069: Art. 44.- Cultural rights of indigenous and black or Afro-Ecuadorian peoples.- All care and
p.000069: care for children and adolescents of nationalities and indigenous peoples, black or Afro-Ecuadorian, shall
...
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
p.000069: require; and the provision of early stimulation, rehabilitation, preparation for
p.000069: work, recreation and other necessary activities, which will be free for children and adolescents whose
p.000069: parents or caregivers are unable to pay for them.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46, 47
p.000069: Art. 56.- Right of children of persons deprived of liberty.- Children; girls and adolescents who do not enjoy
p.000069: of their family environment because one or both parents are deprived of their liberty, they must receive
p.000069: special protection and assistance from the State, outside the rehabilitation centers, through modalities
p.000069: of care that ensure their right to family and community coexistence and to direct personal relationships and
p.000069: regular with their parents.
p.000069: Art. 57.- Right to special protection in cases of disasters and armed conflicts.- Boys, girls and
...
p.000069: of age indicated in article 82 will not be applied to the works considered as ancestral practices
p.000069: training, provided they meet the following conditions.
p.000069: 1. That they respect the adolescent's physical and psychological development, in the sense of being assigned
p.000069: only tasks commensurate with their abilities and evolutionary stage;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 22
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 2. That they contribute to the formation and development of adolescent skills and abilities;
p.000069: 3. That they transmit cultural values ​​and norms in harmony with adolescent development; and,
p.000069: 4. That they develop within the scope and benefit of the community to which the adolescent or his family belongs.
p.000069: Art. 87.- Prohibited work.- Teen work is prohibited:
p.000069: 1. In mines, landfills, beds, quarries and extractive industries of any kind;
p.000069: 2. In activities that involve the manipulation of explosive, psychotropic, toxic, dangerous substances
p.000069: or harmful to your life, your physical or mental development and your health;
p.000069: 3. In brothels or tolerance zones, places of games of chance, sale of alcoholic beverages and others that may
p.000069: be inconvenient for the moral or social development of the adolescent;
p.000069: 4. In activities that require the use of dangerous machinery or that expose you to noise that exceeds the limits
p.000069: legal tolerance;
p.000069: 5. In an activity that may aggravate the disability, in the case of adolescents who have it;
p.000069: 6. In other activities prohibited in other legal bodies, including international instruments
p.000069: ratified by Ecuador; and,
p.000069: 7. In homes whose members have a history as perpetrators of abuse or mistreatment.
p.000069: The Ministry in charge of Labor Relations will determine the specific forms of dangerous, harmful or
p.000069: risky that are prohibited for adolescents, taking into account their nature, conditions and risk
p.000069: for their life and personal integrity, health, education, security and integral development.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CONSTITUTION OF THE REPUBLIC
p.000069: DEL ECUADOR, Arts. 46
p.000069: Chapter II
p.000069: I work as employees
p.000069: Art. 88.- Forms of the employment contract.- The individual employment contract for adolescents is
p.000069: It shall be held in writing and shall be registered with the Municipality and with the Labor Inspectorate of the respective jurisdiction.
p.000069: The employer has the obligation to register the employment contract within thirty days, without
p.000069: prejudice to the adolescent's right to request such registration by himself.
p.000069: In the absence of a written contract, the adolescent may prove the employment relationship by any means, including
p.000069: the deferred oath.
p.000069: Whenever a person benefits from the work of a teenager; it is presumed, for all legal purposes, the
p.000069: existence of an employment relationship.
p.000069: Matches:
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p.000069: democratic, tolerant, solidary and participatory;
p.000069: 4. Incentivize in them the knowledge, conscience, exercise and defense of their rights,
p.000069: claim the protection of said rights and their restitution, if applicable;
p.000069: 5. Stimulate and guide their cultural formation and development;
p.000069: 6. Ensure their participation in the decisions of family life, according to their evolutionary degree;
p.000069: 7. Promote the practice of recreational activities that contribute to the family unit, their physical health
p.000069: and psychological;
p.000069: 8. Apply preventive measures compatible with the rights of the child and adolescent; and,
p.000069: 9. Comply with the other obligations indicated in this Code and more laws.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 268, 273, 278 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 103.- Fundamental duties of sons and daughters.- Sons and daughters must:
p.000069: 1. Maintain a responsible and respectful behavior that provides their parents with the appropriate
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
p.000069: in case of illness, during the elderly and when they have a disability that does not allow them
p.000069: fend for themselves; and,
p.000069: 3. Collaborate in household chores, according to their age and development, as long as they do not interfere with their activities
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
...
p.000069: finds or is supposed to find the son or daughter, to achieve recovery.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 272
p.000069: CIVIL PROCEDURE CODE, Arts. 925, 928
p.000069: TITLE V
p.000069: OF THE RIGHT TO FOOD
p.000069: Note: Title with its respective articles replaced by Law No. 00, published in Official Gazette Supplement 643 of
p.000069: July 28, 2009.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 32
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CHAPTER I
p.000069: Food law
p.000069: Art. 1.- Scope and relationship with other legal bodies.- This Title regulates the right to food of children,
p.000069: girls, adolescents, and adults considered as holders of rights established in this Law.
p.000069: with respect to other persons who enjoy this right, the provisions on maintenance of the Code will apply
p.000069: Civil.
p.000069: Art. 2.- Of the right to maintenance.- The right to maintenance is inherent to the parental-filial relationship and is
p.000069: related to the right to life, survival and a decent life. It implies the guarantee of providing the
p.000069: resources necessary to satisfy the basic needs of food that includes:
p.000069: 1. Nutritious, balanced and sufficient food;
p.000069: 2. Comprehensive health: prevention, medical care and provision of medicines;
p.000069: 3. Education;
p.000069: 4. Beware;
p.000069: 5. Adequate clothing;
p.000069: 6. Safe, hygienic and equipped with basic services;
p.000069: 7. Transportation;
p.000069: 8. Culture, recreation and sports; and,
p.000069: 9. Rehabilitation and technical aids if the beneficiary has a temporary disability or
p.000069: definitive.
p.000069: Art. 3.- Characteristics of the right.- This right is non-transferable, non-transferable, inalienable,
p.000069: imprescriptible, unattachable and does not admit compensation or reimbursement of what was paid, except for pensions of
p.000069: foods that have been previously fixed and have not been paid and from mothers who have made expenses
p.000069: Antenatals that have not been previously recognized, cases in which they can be compensated and transmitted to the
p.000069: heirs.
p.000069: Art. 4.- Holders of maintenance rights.- They have the right to claim maintenance:
p.000069: 1. Girls, boys and adolescents, except the emancipated voluntarily who have their own income, to
p.000069: who will suspend the exercise of this right in accordance with this standard;
p.000069: 2. Adults or adults up to the age of 21 years who demonstrate that they are studying in
p.000069: any educational level that prevents or hinders them from engaging in a productive activity and lack resources
p.000069: own and sufficient; and,
p.000069: 3. People of any age, who have a disability or their physical or mental circumstances prevent them
p.000069: or makes it difficult to procure the means to subsist on their own, as stated in the respective certificate issued
p.000069: by the National Council on Disabilities CONADIS, or the health institution that may have heard of the case
p.000069: that for the purpose must be presented.
p.000069: Art. 5.- Obliged to provide food.- Parents are the main holders of the
p.000069: maintenance obligation, even in cases of limitation, suspension or deprivation of parental authority.
p.000069: In case of: absence, impediment, insufficient resources or disability of the principal,
p.000069: duly verified by the person who alleges it, the competent authority shall order that the provision of food be
p.000069: paid or completed by one or more of the following required subsidiaries, based on their ability
p.000069: economically and as long as they are not disabled, in order:
p.000069: 1. The grandparents;
p.000069: 2. Siblings who have reached the age of 21 and are not included in the cases of numerals two
p.000069: and three from the previous article; and,
p.000069: 3. The uncles / as.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 33
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The competent authority, based on the order provided in the preceding paragraphs, in the degrees of kinship indicated,
p.000069: simultaneously and based on their resources, they will regulate the proportion in which said relatives will provide the pension
p.000069: alimony, until completing the total amount of the fixed pension or assuming it in its entirety, as the case may be.
p.000069: The relatives who have made the payment may exercise the action of repetition of the payment against the father and / or the
p.000069: mother.
p.000069: The judges will apply ex officio the international instruments ratified by Ecuador in order to
p.000069: guarantee the right to food of children and adolescents, daughters and sons of fathers or mothers
p.000069: that have migrated abroad, and will have all the necessary measures to ensure the effective collection of the
p.000069: pension.
p.000069: The central authority will act diligently to ensure respect for the rights of children and
p.000069: adolescents, and, will respond in case of negligence.
p.000069: Art. 6.- Procedural Legitimation.- They will be entitled to demand the provision of the maintenance right to
p.000069: in favor of a boy, girl or adolescent or people of any age who suffer from a physical disability or
p.000069: mental that prevents them from doing it by themselves:
p.000069: 1. The mother or father in whose care the son or daughter is and, in their absence, the person exercising their
p.000069: legal representation or who is in charge of your care; and,
p.000069: 2. Adolescents over 15 years of age.
p.000069: In order to present the demand, the attorney will not be required. The claimant will present it on the form
p.000069: that for this purpose the Judicial Council will design and publicize. If due to the complexity of the case, the judge or
p.000069: the procedural party considers that legal sponsorship is necessary, will provide for the participation of a public defender or
p.000069: from a private defender, respectively.
p.000069: Art. 7.- Provenance of the right without separation. - The alimony comes even in the cases in which the fed
p.000069: and the obligated coexist under the same roof.
p.000069: The members of the extended family that by virtue of a protection measure ordered by the competent authority or
p.000069: in the exercise of guardianship they are living with children and adolescents who are holders of the right
p.000069: of alimony, no subsidiaries of the alimony will be liable.
p.000069: Art. 8.- Moment from which the maintenance is due.- The maintenance is due from the
p.000069: presentation of the demand. The increase is due from the presentation of the corresponding
p.000069: incident, but its reduction is required only from the date of the resolution that declares it.
...
p.000069: table, so the lower alimony will be automatically indexed without
p.000069: need for legal action of any nature.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Art. 44.- Sanction for breach of terms and deadlines.- The Judicial Council will sanction with suspension of
p.000069: 30 to 45 days to judges who fail to comply with the terms, deadlines and amounts set forth herein
p.000069: law. In case of recidivism, he will proceed to dismiss the position.
p.000069: Art. 45.- Supplementary norms.- In everything not foreseen in this section, the Contentious Procedure will be applied.
p.000069: General, described in this code and in its absence the provisions of the Code of Civil Procedure.
p.000069: GENERAL DISPOSITION
p.000069: FIRST.- The product of the fines imposed in accordance with this Code, which do not have
p.000069: specific destination, will be sent to the Single National Treasury Account and will serve to finance the
p.000069: DNA testing costs, in the cases provided for in this law or to finance projects
p.000069: related to the reduction of judicial delay in maintenance trials.
p.000069: SECOND: The Family, Woman, Childhood and Adolescence Judges will officiate at the National Electoral Council, to
p.000069: SENRES, the Superintendency of Banks and Insurance, the Mercantile Registrar, the Registrar of the
p.000069: Property and how much authority is required, notifying the name of the debtor, the amount of the obligation due
p.000069: with their respective interests and the obligation to comply and enforce the resolution of disability
p.000069: provided for in this law.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 41
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: TRANSITORY DISPOSITIONS
p.000069: FIRST.- The National Council for Children and Adolescents, within a period of sixty days from the
p.000069: validity of this law, will prepare and publish the Table of Minimum Alimony, which
p.000069: It must be prepared based on technical studies on the amount required to satisfy the needs.
p.000069: basic of the beneficiaries.
p.000069: Once the National Council for Children and Adolescents becomes one of the National Equality Councils,
p.000069: The updating and setting of the Table of Minimum Alimony will be carried out by the Ministry of Inclusion
p.000069: Social and Economic.
p.000069: SECOND.- The Judicial Council, within a term of up to ninety days from the effective date of the
p.000069: This law will execute a National Program for the Improvement and Modernization of the Family, Women's Courts,
p.000069: Childhood and adolescence. This program will include: the purging of inactive or
p.000069: abandonment; elimination of judicial default through the massive fixing of basic alimony of
p.000069: pursuant to what is determined in this law and the establishment of emerging measures and
p.000069: Immediate to prevent the delay of the judicial decision regarding pension fixing
p.000069: food.
p.000069: Within the same period, the provisional and emergent appointment of Family Judges shall be empowered to the Judicial Council,
...
p.000061: Art. 164.- Persons who must be heard for adoption.- In the administrative and judicial phases of the
p.000061: adoption must have the opinion of the child who is in a position to express it, and the adolescent in all
p.000061: the cases.
p.000061: The Judge will hear the relatives of the child or adolescent, the care entity involved and any person
p.000061: that can provide well-founded information on the inconvenience of the adoption or irregularities in the
p.000061: procedure used.
p.000061: Chapter II
p.000061: Administrative phase
p.000061: Art. 165.- Object of the administrative phase.- Every judicial adoption process will be preceded by a phase
p.000061: administrative which aims to:
p.000061: 1. Study and report on the physical, psychological, legal, family and social situation of the person who is going to
p.000061: be adopted
p.000061: 2. Declare the suitability of the candidates for adopters; and,
p.000061: 3. Assign, by administrative resolution, a family to a boy, girl or adolescent. This faculty
p.000061: it is exclusive to the corresponding Family Allowance Committee.
p.000061: Art. 166.- Prohibitions related to this phase.- It is prohibited:
p.000061: 1. The pre-allocation of a family to a child or adolescent, except in cases of difficult adoption,
p.000061: either due to illness, disability, age over 4 years or others duly justified; and,
p.000061: 2. The relationship of a child or adolescent before the legal declaration of adoptability, of the
p.000061: preparation, presentation and approval of the report on their physical, psychological, legal, family and social situation and
p.000061: of the declaration of suitability of the adopter.
p.000061: Officials of the Technical Adoption Unit, legal representatives or officials of the entities of
p.000061: Attention or the Judge, who breaches the prohibitions established in this article, will be sanctioned
p.000061: in accordance with this Code, without prejudice to administrative responsibilities,
p.000061: civil and criminal to which there may be.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000061: Art. 167.- Bodies in charge of the administrative phase.- Bodies in charge of the phase
p.000061: administrative are:
p.000061: 1. The Technical Adoption Units of the Ministry of Social Welfare; and,
p.000061: 2. The Family Allowance Committees.
p.000061: Art. 168.- Of the Technical Adoption Units.- Corresponds to the Technical Adoption Units:
p.000061: 1. Prepare or request and approve medical, psychological, legal, family and social reports related to the
p.000061: person to be adopted; and require any extensions or clarifications that are
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 47
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: necessary;
...
p.000061: final closure the third time.
p.000061: Chapter II
p.000061: Offenses sanctioned with a fine
p.000061: Art. 248.- General sanction.- Anyone who threatens or violates any of the rights or guarantees contemplated in any way.
p.000061: in this Code and more laws, in favor of a child or adolescent, and whose conduct of action or omission does not have
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
p.000061: 5. Educational establishments that unjustifiably expel a child or adolescent,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 66
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: do not allow their right to defense and deny the guarantees of due process;
p.000061: 6. Educational establishments that impose unjustified disciplinary sanctions on a child or adolescent,
p.000061: do not allow their right to defense and deny the guarantees of due process; and,
p.000061: 7. Establishments and authorities that violate the exercise of the right to diversity or cultural identity.
p.000061: The payment of the fine does not exempt educational establishments from restoring the violated right.
p.000061: Art. 250.- Violations against the right to information.- They will be sanctioned with the fine indicated in the article
p.000061: previous:
p.000061: 1. The media, cinemas, theaters and public shows and those responsible for their programming, which
...
p.000061: will determine precisely the time and mode of the socio-educational measure that the adolescent should
p.000061: comply.
p.000061: For the purposes of computing the sanction, they count every day of the year. It is understood that the day is twenty-four hours and
p.000061: the month thirty days. The duration of the preventive internment will be computed to the socio-educational measure. When in
p.000061: the preventive internment expires the time provided in the socio-educational measure, the judge will declare it
p.000061: extinguished and will order the immediate release of the adolescent, without the need for another document or requirement
p.000061: for it to become effective.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-C.- Opportunity to execute the socio-educational measure.- The socio-educational measure will be met a
p.000061: once the sentence is executed.
p.000061: No pregnant adolescent, whatever their gestation period, may be deprived of their liberty or be
p.000061: notified with sentence, but ninety days after delivery.
p.000061: In no case will socio-educational deprivation of liberty measures be applied to adolescents who have
p.000061: permanent total disability that limits their performance.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-D.- Reparation in the sentence.- Every condemnatory sentence will contemplate the imposition of one or more
p.000061: conditions for the comprehensive reparation of the victim, in accordance with the following rules:
p.000061: 1. The victim must be identified and does not require having actively participated in the process.
p.000061: 2. Reparation will be discussed at the trial hearing.
p.000061: 3. If there is more than one person responsible, the judge will determine the type of reparation based on the circumstances.
p.000061: of the offense and the degree of participation as an author or accomplice, and if the crime was intentionally committed or
p.000061: guilty.
p.000061: 4. In the cases in which the victims are repaired for actions of a constitutional nature, the
p.000061: The judge will refrain from applying as a sanction the judicially determined forms of reparation.
p.000061: 5. If the repair is quantifiable in money, the necessary justification is required to fix the amount.
p.000061: 6. The obligation to make monetary reparation to the victim has first-class privilege over others.
p.000061: adolescent obligations. The judge will use the mechanisms provided by law for debt collection.
p.000061: 7. The judge may determine the payment methods, if they voluntarily accept the convicted adolescent and the
p.000061: victim.
p.000061: 8. In no case may the modality of payment of monetary reparation lead the adolescent or his representative
...
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p.000069: Law 100
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE
p.000069: Official Registry 737 of Jan 3, 2003 Last modified: Jul 7, 2014 Status: Valid
p.000069: NATIONAL CONGRESS
p.000069: In use of its constitutional and legal powers, issues the following: CODE OF CHILDREN AND ADOLESCENTS
p.000069: BOOK FIRST
p.000069: CHILDREN, GIRLS AND ADOLESCENTS AS SUBJECTS OF RIGHTS
p.000069: TITLE I DEFINITIONS
p.000069: Art. 1.- Purpose.- This Code provides for the integral protection that the State, society and the family must
p.000069: guarantee to all children and adolescents living in Ecuador, in order to achieve their integral development
p.000069: and the full enjoyment of their rights, within a framework of freedom, dignity and equity.
p.000069: To this end, it regulates the enjoyment and exercise of children's rights, duties and responsibilities,
p.000069: girls and adolescents and the means to make them effective, guarantee and protect them, in accordance with
p.000069: principle of the best interest of childhood and adolescence and the doctrine of comprehensive protection.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 2.- Protected subjects.- The rules of this Code are applicable to all human beings, from their
p.000069: conception until I am eighteen years old. By exception, it protects people who have reached that age, in
p.000069: the cases expressly contemplated in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 157 CIVIL CODE (BOOK I), Arts. 41
p.000069: Art. 3.- Supplementality.- In what is not expressly provided for in this Code, the other regulations will apply.
p.000069: of the internal legal order, that do not contradict the principles recognized in this Code and are
p.000069: more favorable for the enforcement of the rights of children and adolescents.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
p.000069: Art. 8.- Co-responsibility of the State, society and the family.- It is the duty of the State, society and the family,
p.000069: within their respective areas, adopt political, administrative, economic, legislative measures,
p.000069: social and legal that are necessary for full validity, effective exercise, guarantee, protection and
p.000069: enforceability of all children's rights; girls and adolescents.
p.000069: The State and society will formulate and apply social and economic public policies; and they will allocate resources
p.000069: sufficient financial resources, in a stable, permanent and timely manner.
p.000069: Art. 9.- Basic function of the family.- The law recognizes and protects the family as the natural and fundamental space
p.000069: for the integral development of children and adolescents.
p.000069: Priority corresponds to the father and the mother, the shared responsibility of respect, protection and
p.000069: childcare and promotion, respect and enforcement of their rights.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 220, 268
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 2
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 10.- Duty of the State to the family.- The State has the priority duty to define and execute policies,
p.000069: plans and programs that support the family to fulfill the responsibilities specified in the
p.000069: previous article.
p.000069: Jurisprudence:
p.000069: Judicial Gazette, AMOUNT AND FORM OF FOOD SUPPLY, Feb 14, 2007
p.000069: Art. 11.- The best interest of the child.- The best interest of the child is a principle that is aimed at satisfying
p.000069: the effective exercise of all the rights of children and adolescents; and imposes on all
p.000069: administrative and judicial authorities and public and private institutions, the duty to adjust their
p.000069: decisions and actions for compliance.
p.000069: In order to appreciate the best interest, the need to maintain a fair balance between rights and
p.000069: duties of children and adolescents, in the way that best suits the realization of their rights and
p.000069: guarantee.
p.000069: This principle prevails over the principle of ethnic and cultural diversity.
p.000069: The best interests of the child is a principle of interpretation of this Law. No one may invoke it.
p.000069: against express norm and without previously listening to the opinion of the child or adolescent involved, who is in
p.000069: conditions to express it.
p.000069: Art. 12.- Absolute priority.- In the formulation and execution of public policies and in the provision of resources,
...
p.000069: Art. 16.- Nature of these rights and guarantees.- By their nature, the rights and guarantees of childhood and
p.000069: adolescence are of public order, interdependent, indivisible, inalienable and intransigible, except for
p.000069: exceptions expressly stated in the law.
p.000069: Art. 17.- Legal duty to denounce.- Every person, including the judicial authorities and
p.000069: administrative, that by any means is aware of the violation of a right of the child or adolescent,
p.000069: is obliged to report it to the competent authority, within a maximum period of forty-eight hours.
p.000069: Art. 18.- Enforceability of rights.- The rights and guarantees that the laws recognize in favor of the boy, girl and
p.000069: adolescent, they are powers whose observance and protection are required of people and organizations
p.000069: responsible for ensuring its effectiveness, in the way that this Code and other laws establish for that purpose.
p.000069: Art. 19.- Sanctions for violation of rights.- Violations of the rights of children and adolescents will be
p.000069: sanctioned in the manner prescribed in this Code and other laws, without prejudice to the corresponding reparation as
p.000069: consequence of civil liability.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000069: Chapter II
p.000069: Survival rights
p.000069: Art. 20.- Right to life.- Children and adolescents have the right to life from their
p.000069: conception. It is the obligation of the State, society and the family to ensure by all means at their disposal, their
p.000069: survival and development.
p.000069: Genetic and medical experiments and manipulations from fertilization of the ovum to the birth of
p.000069: boys, girls and adolescents; and the use of any technique or practice that endangers your life or affects your
p.000069: integrity or comprehensive development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 23, 49
p.000069: Art. 21.- Right to know the parents and maintain relationships with them.- Children and adolescents have
p.000069: right to know their father and mother, to be cared for by them and to maintain permanent affective relationships,
p.000069: personal and regular with both parents and other relatives, especially when they are
p.000069: separated by any circumstance, except that the
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 4
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: coexistence or relationship affect their rights and guarantees.
p.000069: They will not be deprived of this right due to lack or scarcity of economic resources of their parents.
p.000069: In cases of ignorance of the whereabouts of the father, mother, or both, the State, relatives and others
p.000069: People who have information about it, must provide it and offer the facilities to locate them.
p.000069: Art. 22.- Right to have a family and family coexistence.- Children and adolescents have the right to
p.000069: live and develop in your biological family. The State, society and the family must adopt as a priority
p.000069: appropriate measures that allow their permanence in said family.
p.000069: Exceptionally, when this is impossible or contrary to their best interests, children and adolescents
p.000069: they have the right to another family, in accordance with the law.
p.000069: In all cases, the family must provide them with a climate of affection and understanding that allows respect for their
p.000069: rights and their integral development.
p.000069: Institutional fostering, preventive detention, deprivation of liberty or any other
p.000069: A solution that distracts them from the family environment, should be applied as the last and exceptional measure.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67, 69
p.000069: Art. 23.- Prenatal protection.- The application of penalties and custodial measures to women will be replaced.
p.000069: pregnant until ninety days after delivery, and the judge must order the precautionary measures that are appropriate.
p.000069: The Judge may extend this term in the case of mothers of children with severe disabilities and qualified by the body
p.000069: relevant, for as long as necessary, according to the needs of the child.
p.000069: The person responsible for the application of this rule that violates this prohibition or allows another to
p.000069: contravenes, will be sanctioned in the manner provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248 CIVIL CODE (BOOK I), Arts. 61
p.000069: Art. 24.- Right to breastfeeding.- Boys and girls have the right to breastfeeding to ensure their
p.000069: affective bond with his mother, adequate nutrition, growth and development.
p.000069: It is the obligation of public and private health establishments to develop stimulation programs for
p.000069: breastfeeding.
p.000069: Art. 25.- Attention to pregnancy and childbirth.- Public power and health institutions and assistance to boys and girls
...
p.000069: environmental hygiene and sanitation; and,
p.000069: 7. Organize specific care services for children and adolescents with physical, mental or
p.000069: sensory.
p.000069: Art. 29.- Obligations of the parents.- Corresponds to the parents and other persons in charge of the
p.000069: care of children and adolescents, provide health care that is within their reach and ensure the
p.000069: compliance with prescriptions, controls and medical and health provisions.
p.000069: Art. 30.- Obligations of health establishments.- Public and private health establishments,
p.000069: whatever their level, they are required to:
p.000069: 1. Provide emergency medical services to all children and adolescents who require them, without demanding payment
p.000069: advance or guarantees of any nature. This attention cannot be denied on the pretext of absence
p.000069: of the legal representative, the lack of financial resources, the lack of space, the cause or origin of the emergency or
p.000069: another similar circumstance;
p.000069: 2. Inform about the health status of the child or adolescent, their parents or
p.000069: representatives;
p.000069: 3. Maintain individual records stating the care and monitoring of pregnancy, childbirth and the puerperium; and
p.000069: updated records of the mother's personal data, permanent address and family references;
p.000069: 4. Identify newborns immediately after delivery, by registering their
p.000069: fingerprints and plantar prints and the mother's first name, last name, age and fingerprint; and
p.000069: issue the corresponding legal certificate for immediate registration in the Civil Registry;
p.000069: 5. Inform the parents in a timely manner of the legal requirements and procedures for the child's enrollment.
p.000069: or girl in the Civil Registry;
p.000069: 6. Guarantee the safe permanence of the newborn with his mother, until both are in
p.000069: health conditions that allow them to subsist safely outside the establishment;
p.000069: 7. Diagnosis and medical follow-up of children born with pathological problems or
p.000069: disabilities of any kind;
p.000069: 8. Inform the parents in a timely manner about the ordinary and special care they must provide to the newborn
p.000069: born, especially to children who have been found to have a disability;
p.000069: 9. Encourage the child to be fed through breastfeeding, at least until the first year of
p.000069: lifetime;
p.000069: 10. Provide a warm and quality treatment compatible with the dignity of the child and adolescent;
p.000069: 11. Immediately report to the authorities and competent bodies the cases of children and adolescents with
...
p.000069: The parents;
p.000069: 12. Collect and retain evidence of sexual abuse or maltreatment; and,
p.000069: 13. Inform the competent authorities when children with evident disabilities are born.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 362, 365
p.000069: Art. 31.- Right to social security.- Children and adolescents have the right to security
p.000069: Social. This right consists of effective access to the general benefits and benefits of the system,
p.000069: in accordance with the law.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 7
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3. 4
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
p.000069: healthy, ecologically balanced and pollution-free environment that guarantees your health, safety
p.000069: food and integral development.
p.000069: The Central Government and the sectional governments will establish clear and precise policies for the
p.000069: conservation of the environment and the ecosystem.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 15, 66, 397, 414
p.000069: Chapter III
p.000069: Development-related rights
p.000069: Art. 33.- Right to identity.- Children and adolescents have the right to identity and the elements
p.000069: that constitute it, especially the name, nationality and family relationships, in accordance with
p.000069: the law.
p.000069: It is the State's obligation to preserve the identity of children; girls and adolescents and punish those responsible for
p.000069: alteration, replacement or deprivation of this right.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Art. 34.- Right to cultural identity.- Children and adolescents have the right to keep,
p.000069: develop, strengthen and recover their identity and spiritual, cultural, religious, linguistic values,
p.000069: political and social and to be protected against any type of interference that is intended to replace, alter
p.000069: or decrease these values.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 21, 57
p.000069: Art. 35.- Right to identification.- Boys and girls have the right to be registered
p.000069: immediately after birth, with the corresponding paternal and maternal surnames. The State will guarantee
p.000069: the right to identity and identification through a Civil Registry service with agile procedures,
p.000069: free and easy to obtain identity documents.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 708
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69
p.000069: Art. 36.- Norms for identification.- In the live birth certification, which must be issued under the
p.000069: responsibility of the public or private health center or institution that attended the birth, the
...
p.000069: up to high school or its equivalent.
p.000069: The State and the pertinent organisms will assure that the educational establishments offer services with equity,
p.000069: quality and opportunity and that the right of parents to choose the education that is guaranteed is also guaranteed
p.000069: the more it suits your sons and your daughters.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 28, 45, 66
p.000069: Art. 38.- Objectives of education programs.- Basic and secondary education will ensure knowledge, values ​​and
p.000069: indispensable attitudes for:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 9
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: a) To develop the personality, the aptitudes and the mental and physical capacity of the boy, girl and
p.000069: adolescent to his full potential, in a playful and emotional environment;
p.000069: b) Promote and practice peace, respect for human rights and fundamental freedoms, non-discrimination,
p.000069: tolerance, valuation of diversities, participation, dialogue, autonomy and cooperation;
p.000069: c) Exercise, defend, promote and disseminate the rights of children and adolescents;
p.000069: d) Prepare him to exercise a responsible citizenship, in a free, democratic and solidary society;
p.000069: e) Guide him on the role and responsibility of the family, the equity of his internal relationships, fatherhood and
p.000069: responsible motherhood and health preservation;
p.000069: f) Strengthen respect for their parents and teachers, for their own cultural identity, their language, their values, for
p.000069: national values ​​and those of other peoples and cultures;
p.000069: g) To develop autonomous, critical and creative thinking;
p.000069: h) Training for productive work and for the management of scientific and technical knowledge;
p.000069: and,
p.000069: i) Respect for the environment.
p.000069: Art. 39.- Rights and duties of parents in relation to the right to education.- They are rights and
p.000069: Duties of parents and other responsible for children and adolescents:
p.000069: 1. Enroll them in educational establishments;
p.000069: 2. Select for your children an education according to their principles and beliefs;
p.000069: 3. Actively participate in the development of educational processes;
p.000069: 4. Control the attendance of their sons, daughters or those represented at educational establishments;
...
p.000069: sports to which children and adolescents have access.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 22, 377
p.000069: Art. 44.- Cultural rights of indigenous and black or Afro-Ecuadorian peoples.- All care and
p.000069: care for children and adolescents of nationalities and indigenous peoples, black or Afro-Ecuadorian, shall
p.000069: respect the worldview, cultural reality and knowledge of their respective nationality or people and take into account their
p.000069: specific needs, in accordance with the Constitution and the law.
p.000069: Public and private care entities that provide services to such children and
p.000069: adolescents, must coordinate their activities with the corresponding entities of those nationalities or
p.000069: towns.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 45, 57, 58, 377
p.000069: Art. 45.- Right to information.- Children and adolescents have the right to search and choose
p.000069: information; and to use the different means and sources of communication, with the limitations
p.000069: established in the law and those derived from the exercise of parental authority.
p.000069: It is the duty of the State, society and the family to ensure that children and adolescents receive a
p.000069: adequate, truthful and pluralistic information; and provide them with guidance and critical education that allows them
p.000069: properly exercise the rights indicated in the previous paragraph.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 16, 18, 19, 94
p.000069: Art. 46.- Prohibitions related to the right to information.- It is prohibited:
p.000069: 1. The circulation of publications, videos and recordings aimed at and intended for children and
p.000069: adolescence, containing images, texts or messages inappropriate for their development; and any form of
p.000069: access of children and adolescents to these media;
p.000069: 2. The dissemination of inappropriate information for children and adolescents during family hours,
p.000069: nor in publications aimed at the family and children and adolescents; and,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 11
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p.000069: 3. The circulation of any product intended for children and adolescents, with packaging containing
p.000069: inappropriate images, texts or messages for its development.
p.000069: These prohibitions apply to the media, communication systems, advertising companies and programs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19
p.000069: Art. 47.- Guarantees of access to adequate information.- To guarantee the right to information
p.000069: adequate, which is dealt with in the previous article, the State shall:
p.000069: a) Require the media to disseminate information and materials of social and cultural interest
p.000069: for children and adolescents;
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
p.000069: crime, that they have pornographic images or content or that they harm the minor's education; and,
p.000069: g) Require the audiovisual media to announce with sufficient anticipation and sufficient
p.000069: notoriety, the nature of the information and programs they present, and the age rating for their audience.
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
p.000069: messages and programs that incite violence, exploit fear or take advantage of children's lack of maturity,
p.000069: girls and adolescents to induce them to behavior harmful or dangerous to their health and safety
p.000069: personal and everything that violates morality or modesty.
p.000069: In any case, the application of measures or decisions related to this guarantee must faithfully observe
p.000069: the provisions of the Regulation for the Control of the Discretion of Administration Acts
p.000069: Public, issued by the President of the Republic.
...
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
p.000069: require; and the provision of early stimulation, rehabilitation, preparation for
p.000069: work, recreation and other necessary activities, which will be free for children and adolescents whose
p.000069: parents or caregivers are unable to pay for them.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46, 47
p.000069: Art. 56.- Right of children of persons deprived of liberty.- Children; girls and adolescents who do not enjoy
p.000069: of their family environment because one or both parents are deprived of their liberty, they must receive
p.000069: special protection and assistance from the State, outside the rehabilitation centers, through modalities
p.000069: of care that ensure their right to family and community coexistence and to direct personal relationships and
p.000069: regular with their parents.
p.000069: Art. 57.- Right to special protection in cases of disasters and armed conflicts.- Boys, girls and
p.000069: adolescents have the right to special protection in cases of natural disasters and armed conflict
p.000069: internal or international. This protection will be expressed, among other measures, in the priority provision of means of
p.000069: evacuation of affected areas, accommodation, food, medical care and medicines.
p.000069: The State guarantees unrestricted respect for the rules of international humanitarian law in favor of
p.000069: the children and adolescents referred to in this article; and will assure the resources, means and mechanisms
p.000069: so that they reintegrate into social life with the fullness of their rights and duties.
p.000069: It is prohibited to recruit or allow the direct participation of children and adolescents in internal armed hostilities.
p.000069: and international.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 42, 46
p.000069: Article 58.- Right of refugee children and adolescents.- Children and adolescents who request or
...
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
p.000069: authority or person in charge of the institution or establishment to which it belongs.
p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 28 CIVIL CODE (BOOK I), Arts. 571
p.000069: CIVIL CODE (BOOK IV), Arts. 1464, 1981, 1983, 1998, 2035, 2058, 2064, 2076 LAW AGAINST VIOLENCE OF WOMEN AND
p.000069: FAMILY, Arts. 2, 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. eleven
p.000069: Art. 68.- Concept of sexual abuse.- Without prejudice to the provisions of the Penal Code on the matter,
p.000069: For the purposes of this Code, all physical contact, suggestion of
p.000069: sexual nature, to which a boy, girl or adolescent submits, even with their apparent consent,
p.000069: through seduction, blackmail, intimidation, deception, threats, or any other means.
p.000069: Any form of sexual harassment or abuse will be brought to the attention of the competent Tax Agent for the purposes of the
p.000069: law, without prejudice to the corresponding administrative investigations and sanctions.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 4
p.000069: Art. 69.- Concept of sexual exploitation.- Prostitution and pornography constitute sexual exploitation.
p.000069: childish. Child prostitution is the use of a child or adolescent in sexual activities in exchange for
p.000069: remuneration or any other remuneration. Child pornography is any representation, by any
p.000069: medium, of a boy, girl and adolescent in explicit, real or simulated sexual activities; or your organs
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
...
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
p.000069: fundamental.
p.000069: Art. 73.- Duty of protection in cases of abuse.- It is the duty of all people to intervene in the act to
p.000069: protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 74.- Prevention and policies regarding the matters covered by this title.- The State
p.000069: adopt legislative, administrative, social, educational and other measures, which are
p.000069: necessary to protect children and adolescents against the behaviors and acts provided for in this title, and
p.000069: will promote policies and programs aimed at:
p.000069: 1. Assistance to children and adolescents and to the persons responsible for their care and protection, in order to
p.000069: prevent these forms of violation of rights;
p.000069: 2. The prevention and investigation of cases of mistreatment, sexual abuse and exploitation, trafficking and
p.000069: lost;
p.000069: 3. The search, recovery and family reintegration, in cases of loss, plagiarism, illegal transfer and trafficking; and,
p.000069: 4. The promotion of a culture of good treatment in daily relationships between adults, boys, girls and adolescents.
p.000069: In the development of the policies and programs referred to in this article, the
p.000069: participation of society, family, children and adolescents.
p.000069: Art. 75.- Prevention of institutional abuse.- The State will plan and implement administrative measures,
p.000069: legislative, pedagogical, protection, care, care and others that are necessary, in institutions
p.000069: public and private, in order to eradicate all forms of mistreatment and abuse, and to improve relationships
p.000069: between adults and boys, girls and adolescents, and of these among themselves, especially in the environment of their daily life.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 19
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Administrative, pedagogical, training, traditional cultural practices, protection, care,
p.000069: care and of any other kind carried out by any public or private institution, must respect the
p.000069: rights and guarantees of children and adolescents, and to exclude all forms of mistreatment and abuse.
p.000069: Art. 76.- Cultural practices of mistreatment.- It will not be admitted as justification of the practices to which it refers
p.000069: neither this mitigation nor the effect of establishing the consequent responsibilities, the allegation
p.000069: that they constitute training methods or that they are traditional cultural practices.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: Art. 77.- Protection against the illegal transfer and retention of children and adolescents. - The transfer is prohibited.
p.000069: and the retention of children and adolescents when they violate the exercise of parental authority, the
p.000069: visiting regime or the rules on authorization to leave the country.
p.000069: Children and adolescents who have been transferred or held illegally, have the right to be reinstated to
p.000069: their family environment and to enjoy visits from their parents and other relatives in accordance with the provisions of this
p.000069: Code.
p.000069: The State will take all the necessary measures to achieve the family return and reintegration of the child or
p.000069: adolescent who is in the situation provided for in this article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272, 283
p.000069: Art. 78.- Right to protection against other forms of abuse.- Children and adolescents have the right to be
p.000069: provide protection against:
p.000069: 1. The consumption and improper use of alcoholic beverages, tobacco, narcotic drugs and psychotropic substances;
p.000069: 2. Participation in the production, marketing and advertising of the substances and objects to which the
p.000069: numerals 1 and 3;
p.000069: 3. The use of weapons, explosives and substances that endanger his life or personal integrity;
p.000069: 4. Public exposure of their organic or functional diseases or disabilities, to obtain
p.000069: economic benefits; and,
p.000069: 5. Induction to gambling.
p.000069: Art. 79.- Protection measures for the cases provided for in this title.- For the cases provided for in this title and without
p.000069: to the detriment of the general protection measures provided for in this Code and more laws, the authorities
p.000069: Administrative and judicial authorities will order one or more of the following measures:
p.000069: 1. Search of the place where the child or adolescent is, victim of the practice
p.000069: illicit, for its immediate recovery. This measure may only be decreed by the Judge for Children and Adolescents,
p.000069: who will order it immediately and without any formality;
p.000069: 2. Family custody or institutional care;
p.000069: 3. Insertion of the child or adolescent and their family in a protection and care program;
p.000069: 4. Granting of aid tickets in favor of the boy, girl or adolescent, against the person
p.000069: aggressor
p.000069: 5. Warning to the aggressor;
p.000069: 6. Insertion of the aggressor in a specialized care program;
p.000069: 7. Order of departure of the aggressor from the house, if his coexistence with the victim involves a risk to
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 20
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p.000069: the physical, psychological or sexual security of the latter; and re-entry of the victim, if applicable;
p.000069: 8. Prohibition of the aggressor from approaching the victim or maintaining any type of contact with her;
p.000069: 9. Prohibition of the aggressor from making threats, directly or indirectly, against the victim or his relatives;
p.000069: 10. Suspension of the aggressor in the tasks or functions that he performs;
p.000069: 11. Suspension of the operation of the entity or establishment where the abuse occurred
p.000069: institutional, while the conditions that justify the measure last;
p.000069: 12. Participation of the aggressor or the staff of the institution in which the institutional abuse has occurred,
p.000069: in workshops, courses or any type of training events; and,
p.000069: 13. Follow-up by the social work teams, to verify the rectification of the
p.000069: abusive behaviors.
...
p.000069: provisionally execute the measures of numerals 2 to 9, 12 and 13, and report it to the authority
p.000069: competent within a maximum period of seventy-two hours, to order the final measures.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 80.- Legal medical examinations.- Legal medical examinations of a boy, girl or adolescent will be practiced in
p.000069: strict conditions of confidentiality and respect for the intimacy and physical and emotional integrity of the patient.
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
p.000069: Art. 81.- Right to protection against labor exploitation.- Children and adolescents have
p.000069: the right to be protected by the State, society and the family against labor and economic exploitation and any
p.000069: form of slavery, servitude, forced or harmful work for your health, your physical, mental, spiritual development,
p.000069: moral or social, or that may hinder the exercise of their right to education.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 82.- Minimum age for work.- The minimum age for all types of
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 21
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p.000069: work, including domestic service, with the exceptions provided in this Code, plus laws and
p.000069: international instruments with legal force in the country.
p.000069: Violation of the provisions of the preceding paragraph does not free the employer from complying with labor obligations and
p.000069: social imposed by the employment relationship.
p.000069: The Ministry in charge of Labor Relations, ex officio or at the request of any public entity
p.000069: or private, may authorize minimum ages above the one indicated in the previous paragraph, in accordance with the
p.000069: established in this Code, the law and in the international instruments legally ratified by the
p.000069: Ecuador.
p.000069: Note: Third paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134, 146, 150
p.000069: Art. 83.- Eradication of child labor.- The State and society must elaborate and execute policies, plans,
p.000069: protection programs and measures aimed at eradicating the work of children and adolescents who do not
p.000069: they are fifteen years old. The family must contribute to the achievement of this objective.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134
p.000069: Art. 84.- Working day and education.- For no reason the working day of adolescents
p.000069: may exceed six hours a day for a maximum period of five days a week; and will be organized
p.000069: in a way that does not limit the effective exercise of your right to education.
p.000069: The parents of the adolescent who works, those responsible for their care, their employers and the people to
p.000069: Those who carry out a productive activity have the obligation to ensure that they finish their basic education
p.000069: and fulfill their academic duties.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 135, 136, 159
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 39, 46
p.000069: Art. 85.- Register of adolescent workers.- The Ministry of Labor will keep a registry of adolescents who
p.000069: they work by cantons, having to send the information periodically to the cantonal councils of Children and
p.000069: Adolescence.
p.000069: The regulation will establish the way of keeping said register and the data that must be registered.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 147, 148
p.000069: Art. 86.- Exception related to training work carried out as cultural practices.- The limitation
p.000069: of age indicated in article 82 will not be applied to the works considered as ancestral practices
p.000069: training, provided they meet the following conditions.
p.000069: 1. That they respect the adolescent's physical and psychological development, in the sense of being assigned
p.000069: only tasks commensurate with their abilities and evolutionary stage;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 22
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p.000069: 2. That they contribute to the formation and development of adolescent skills and abilities;
p.000069: 3. That they transmit cultural values ​​and norms in harmony with adolescent development; and,
p.000069: 4. That they develop within the scope and benefit of the community to which the adolescent or his family belongs.
p.000069: Art. 87.- Prohibited work.- Teen work is prohibited:
p.000069: 1. In mines, landfills, beds, quarries and extractive industries of any kind;
p.000069: 2. In activities that involve the manipulation of explosive, psychotropic, toxic, dangerous substances
p.000069: or harmful to your life, your physical or mental development and your health;
p.000069: 3. In brothels or tolerance zones, places of games of chance, sale of alcoholic beverages and others that may
p.000069: be inconvenient for the moral or social development of the adolescent;
p.000069: 4. In activities that require the use of dangerous machinery or that expose you to noise that exceeds the limits
p.000069: legal tolerance;
p.000069: 5. In an activity that may aggravate the disability, in the case of adolescents who have it;
p.000069: 6. In other activities prohibited in other legal bodies, including international instruments
p.000069: ratified by Ecuador; and,
p.000069: 7. In homes whose members have a history as perpetrators of abuse or mistreatment.
p.000069: The Ministry in charge of Labor Relations will determine the specific forms of dangerous, harmful or
p.000069: risky that are prohibited for adolescents, taking into account their nature, conditions and risk
p.000069: for their life and personal integrity, health, education, security and integral development.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CONSTITUTION OF THE REPUBLIC
p.000069: DEL ECUADOR, Arts. 46
...
p.000069: will provide the following benefits: free access to public shows determined by regulation,
p.000069: preferential access to protection programs such as soup kitchens, medical services, night shelters,
p.000069: free registration and exemption from other payments in the tax and municipal educational centers.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 24
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The Ministry in charge of Labor Relations will issue the Regulations for issuing the license
p.000069: and the regulation of the benefits it provides.
p.000069: Note: Fourth paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 35, 138
p.000069: Chapter IV
p.000069: Protection measures and work-related sanctions
p.000069: Art. 94.- Protection measures.- In cases of infringement of the provisions of this title, the judges and
p.000069: competent administrative authorities may order one or more of the following protection measures in favor
p.000069: of the children and adolescents affected, without prejudice to the others contemplated in this Code:
p.000069: 1. The order to separate the child or adolescent from work activity;
p.000069: 2. The insertion of the child or adolescent and / or their family in a protection program; and,
p.000069: 3. The temporary separation of the family environment of the boy, girl, adolescent or aggressor, as the case may be.
p.000069: The necessary measures will be adopted so that the application of these measures does not affect the rights and
p.000069: guarantees for children and adolescents, beyond the restrictions inherent in each of them; and to
p.000069: ensure the daily sustenance of the child or adolescent, in a manner compatible with their right to a decent life.
p.000069: Art. 95.- Sanctions applicable for violation of the provisions relating to work.- Violation of the
p.000069: prohibitions contained in this title, will be repressed with one or more of the following sanctions, without
p.000069: damage to those contemplated in other legal bodies:
p.000069: 1. Reprimand to parents or caregivers of the child or adolescent;
p.000069: and to those who employ them or benefit directly from their work;
p.000069: 2. A fine of fifty to three hundred dollars, if the offenders are the parents or those responsible for the care of the
p.000069: boy, girl or adolescent;
p.000069: 3. A fine of two hundred to one thousand dollars, in the case of the employer or any person who benefits directly or
p.000069: indirectly from the work of the child or adolescent; and,
p.000069: 4. Closure of the establishment where the work is carried out, in case of recidivism.
p.000069: Note: The Ministry in charge of Labor Relations will assume the competence of article 95, numeral 4 of the Code.
p.000069: Childhood and Adolescence. Given by fourth reform provision of Law No. 0, published in the Official Registry
p.000069: Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 148, 156, 628
p.000069: SECOND BOOK
p.000069: THE BOY, GIRL AND ADOLESCENT IN HIS FAMILY RELATIONS
p.000069: TITLE I
p.000069: GENERAL DISPOSITION
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 25
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 96.- Nature of the family relationship.- The family is the basic nucleus of social formation and the environment
p.000069: natural and necessary for the integral development of its members, mainly boys, girls and
p.000069: teenagers. It receives the support and protection of the State so that each of its members can
p.000069: Fully exercise your rights and assume your duties and responsibilities.
p.000069: Its internal legal relations of a non-patrimonial nature are very personal and, therefore,
p.000069: inalienable, non-transferable and non-transferable. Except for the cases expressly provided by law, they are also
p.000069: imprescriptibles.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: Art. 97.- Protection of the State.- The state protection referred to in the previous article is
p.000069: expressed in the adoption of social policies and the execution of plans, programs and political actions,
p.000069: economic and social resources that assure the family the sufficient resources to fulfill their duties and
p.000069: responsibilities for the integral development of its members, especially children and adolescents.
p.000069: Art. 98.- Biological family.- Biological family is understood as the one formed by the father, the mother, their descendants,
p.000069: ascendants and collaterals up to the fourth degree of consanguinity.
p.000069: Adopted children and adolescents are assimilated to biological children. For all intents and purposes the father and the
p.000069: adoptive mothers are considered as parents.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: Art. 99.- Filiation unit.- All children are equal before the law, the family and society. I know
p.000069: prohibits any indication that establishes differences of affiliation and require statements indicating their
p.000069: modality.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 69
p.000069: Art. 100.- Parental responsibility.- The father and the mother have equal responsibilities in the direction and
p.000069: home maintenance, care, upbringing, education, comprehensive development and protection of rights
p.000069: of their common sons and daughters.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 282, 287, 471, 473
p.000069: Art. 101.- Reciprocal rights and duties of the parental relationship.- Parents and their children owe each other
p.000069: affection, solidarity, relief, respect and the necessary considerations so that each one can realize the rights and
p.000069: attributes inherent in their personhood and fulfill their respective roles and responsibilities within the
p.000069: family and society.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 26
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 102.- Specific duties of parents.- Parents have the general duty to respect,
p.000069: protect and develop the rights and guarantees of their sons and daughters. For this effect they are obliged to provide what
p.000069: adequate to meet their material, psychological, emotional, spiritual and intellectual needs, in the form
p.000069: established by this Code.
p.000069: Consequently, parents must:
p.000069: 1. Provide their sons and daughters with what is necessary to satisfy their material requirements and
p.000069: psychological, in a family environment of stability, harmony and respect;
p.000069: 2. Ensure their education, at least at the basic and intermediate levels;
p.000069: 3. Instill values ​​compatible with respect for the dignity of the human being and the development of social coexistence
p.000069: democratic, tolerant, solidary and participatory;
p.000069: 4. Incentivize in them the knowledge, conscience, exercise and defense of their rights,
p.000069: claim the protection of said rights and their restitution, if applicable;
p.000069: 5. Stimulate and guide their cultural formation and development;
p.000069: 6. Ensure their participation in the decisions of family life, according to their evolutionary degree;
p.000069: 7. Promote the practice of recreational activities that contribute to the family unit, their physical health
p.000069: and psychological;
p.000069: 8. Apply preventive measures compatible with the rights of the child and adolescent; and,
p.000069: 9. Comply with the other obligations indicated in this Code and more laws.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 268, 273, 278 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 103.- Fundamental duties of sons and daughters.- Sons and daughters must:
p.000069: 1. Maintain a responsible and respectful behavior that provides their parents with the appropriate
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
p.000069: in case of illness, during the elderly and when they have a disability that does not allow them
p.000069: fend for themselves; and,
p.000069: 3. Collaborate in household chores, according to their age and development, as long as they do not interfere with their activities
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
...
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
p.000069: obligations of parents regarding their non-emancipated sons and daughters, regarding care, education, development
p.000069: comprehensive, defense of children's rights and guarantees in accordance with the Constitution and the law.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46, 69
p.000069: Art. 106.- Rules to entrust the exercise of parental authority.- To entrust parental authority in cases
p.000069: provided for in article 325 of the Civil Code, the Judge, after hearing the adolescent, the boy or girl who are in
p.000069: conditions to express their opinion will observe the following rules:
p.000069: 1.- What the parents agree will be respected as long as this does not harm the rights of the son or daughter;
p.000069: 2.- In the absence of agreement of the parents or if what is agreed by them is inconvenient for the best interest of the
p.000069: son or daughter of a family, the parental authority of those who have not reached twelve years of age will be entrusted to the mother,
p.000069: Unless it is proven that this damages the rights of the son or daughter;
p.000069: 3.- In the case of sons or daughters who have completed twelve years, parental authority will be entrusted to
p.000069: parent who shows greater emotional stability and psychological maturity and who are in better
p.000069: conditions to give the sons and daughters the dedication they need and a stable family environment for their
p.000069: integral development;
p.000069: 4.- If both parents demonstrate the same conditions, the mother will be preferred, provided that it does not affect the interest
p.000069: superior of the son or daughter;
p.000069: 5.- In no case will this power be entrusted to the father or mother who is in any of the causes of
p.000069: deprivation referred to in article 113; and,
p.000069: 6.- In case of lack or inability of both parents to exercise parental authority, the Judge will appoint
p.000069: a tutor according to the general rules.
p.000069: The opinion of sons and daughters under the age of twelve will be valued by the Judge, considering the degree of development of
p.000069: who issues it. That of adolescents will be mandatory for the Judge, unless it is manifestly harmful to
p.000069: its integral development.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 304, 305, 306, 307
p.000069: Art. 107.- Exercise of parental authority in case of subsequent recognition.- The recognition
p.000069: the son's or daughter's right gives the right to exercise parental authority.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 63, 247, 252
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 64
p.000069: Article 108.- Suspension of legal representation due to conflict of interest.- Representation is suspended
p.000069: legal in the case of acts, contracts or lawsuits in which there are or may exist conflicting interests
...
p.000069: limitation of parental authority, the judge will order one or more protection measures for the child or adolescent and
p.000069: their parents, in order to favor the circumstances that justify a subsequent restitution of this
p.000069: power.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 30
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 117.- Restitution of parental authority.- The Judge, at the request of a party, can restitute the fatherland
p.000069: power in favor of one or both parents, as the case may be, if there is sufficient evidence
p.000069: that if the circumstances that caused their deprivation, limitation or
p.000069: suspension.
p.000069: To order restitution, the Judge must previously hear the person who requested the measure and in any case the son or daughter of
p.000069: according to its evolutionary development.
p.000069: The Judge may also, considering the circumstances of the case, substitute the deprivation or the suspension for the limitation of
p.000069: parental authority, complying with the provisions of the two preceding paragraphs.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 275, 279, 281
p.000069: TITLE III
p.000069: OF THE TENURE
p.000069: Art. 118.- Provenance.- When the Judge deems more convenient for the integral development of the son or daughter of the family,
p.000069: entrust their care and upbringing to one of the parents, without altering the joint exercise of parental authority,
p.000069: It will entrust its tenure following the rules of article 106.
p.000069: You can also entrust the possession with attribution of one or more of the rights and obligations
p.000069: included in parental authority, always taking into account the convenience indicated in the subsection,
p.000069: previous.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 119.- Modifications of tenure resolutions.- Tenure resolutions are not enforceable. The
p.000069: Judge may alter them at any time if it is proven that this is in accordance with the proper enjoyment and exercise of rights.
p.000069: of the family son or daughter.
p.000069: If it is a change of tenure; it will be done in a way that does not produce psychological harm to the son or daughter, to
p.000069: which the Judge must order support measures for the son or daughter and their parents.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 120.- Immediate execution.- Resolutions on tenure will be fulfilled immediately, having
p.000069: resort to personal pressure and the search of the home where the child is presumed to be,
p.000069: girl or teenager, if necessary. No jurisdiction will be recognized that prevents or hinders the
p.000069: compliance with the resolution.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 924, 925
p.000069: Art. 121.- Recovery of the son or daughter.- When a boy, girl or adolescent has been taken to
p.000069: foreigner in violation of the provisions of this Code and judicial decisions on
p.000069: exercise of parental authority and tenure, the competent State agencies shall arbitrate
p.000069: immediately all the necessary measures for his return to the country. For the same effect, the Judge will exhort the
p.000069: competent judges of the state where the child or
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 31
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Teen.
p.000069: TITLE IV
p.000069: OF THE RIGHT TO VISITS
p.000069: Art. 122.- Obligation.- In all cases in which the Judge entrusts the possession or exercise of parental authority to
p.000069: one of the parents must regulate the regime of visits that the other may make to the son or daughter.
p.000069: When a protection measure has been decreed in favor of the son or daughter due to physical violence,
p.000069: psychological or sexual, the judge may deny the visitation regime with respect to the aggressor parent, or regulate visits
p.000069: in a directed manner, according to the severity of the violence. The Judge will consider this limitation when there is intra violence
p.000069: - family. The measures taken will seek to overcome the causes that determined the suspension.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272
p.000069: Art. 123.- How to regulate the visitation regime.- For the fixing and modifications of the visitation regime, the Judge
p.000069: The provisions of rule No. 1 of article 106 and the final paragraph of said article shall apply.
p.000069: If there is no agreement between the parents or the relatives requesting the fixation, or if the agreement to which
p.000069: have arrived is inconvenient for the rights of the son or daughter, the judge will regulate the visits taking into account:
p.000069: 1. If it is a parent, the way in which the parent has fulfilled his parental obligations; and,
p.000069: 2. The technical reports they deem necessary.
p.000069: Art. 124.- Extension.- The Judge will extend the regime of visits to ascendants and other blood relatives until
p.000069: the fourth degree of the collateral line, under the conditions contemplated in this title. You can also
p.000069: Do it with respect to other people, relatives or not emotionally linked to the child or adolescent.
p.000069: Art. 125.- Undue retention of the son or daughter.- The father, the mother or any person who unduly retains the
p.000069: son or daughter whose parental authority, possession or guardianship have been entrusted to another, or who hinders the
p.000069: visits, may be judicially required to deliver it immediately to the person who must have it and
p.000069: will be obliged to compensate the damages caused by the undue retention, including the expenses caused by the
...
p.000069: that have migrated abroad, and will have all the necessary measures to ensure the effective collection of the
p.000069: pension.
p.000069: The central authority will act diligently to ensure respect for the rights of children and
p.000069: adolescents, and, will respond in case of negligence.
p.000069: Art. 6.- Procedural Legitimation.- They will be entitled to demand the provision of the maintenance right to
p.000069: in favor of a boy, girl or adolescent or people of any age who suffer from a physical disability or
p.000069: mental that prevents them from doing it by themselves:
p.000069: 1. The mother or father in whose care the son or daughter is and, in their absence, the person exercising their
p.000069: legal representation or who is in charge of your care; and,
p.000069: 2. Adolescents over 15 years of age.
p.000069: In order to present the demand, the attorney will not be required. The claimant will present it on the form
p.000069: that for this purpose the Judicial Council will design and publicize. If due to the complexity of the case, the judge or
p.000069: the procedural party considers that legal sponsorship is necessary, will provide for the participation of a public defender or
p.000069: from a private defender, respectively.
p.000069: Art. 7.- Provenance of the right without separation. - The alimony comes even in the cases in which the fed
p.000069: and the obligated coexist under the same roof.
p.000069: The members of the extended family that by virtue of a protection measure ordered by the competent authority or
p.000069: in the exercise of guardianship they are living with children and adolescents who are holders of the right
p.000069: of alimony, no subsidiaries of the alimony will be liable.
p.000069: Art. 8.- Moment from which the maintenance is due.- The maintenance is due from the
p.000069: presentation of the demand. The increase is due from the presentation of the corresponding
p.000069: incident, but its reduction is required only from the date of the resolution that declares it.
p.000069: Art. 9.- Provisional fixation of the alimony. - With the qualification of the claim, the Judge will fix a
p.000069: provisional pension according to the Table of Minimum Alimony that based on the criteria
p.000069: provided for in this law, will prepare the Ministry in charge of economic and social inclusion matters, without
p.000069: notwithstanding that at the hearing, the Judge takes into account the agreement of the parties, which in no case
p.000069: It may be less than what is established in the aforementioned table.
p.000069: When the filiation has not been established, or the relationship in the case of the other relatives
p.000069: consanguineous, the Judge will order the comparative examination in the order to classify the claim
p.000069: of deoxyribonucleic acid (DNA) band or sequence patterns, without impairing binding
p.000069: provisional food.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 34
p.000069: eSilec Professional - www.lexis.com.ec
...
p.000069: determine the Judge.
p.000069: In the case of usufruct or the perception of the rental income from real estate, the Judge will verify
p.000069: that are not limited by other real or personal rights or affected by embargo,
p.000069: prohibition to alienate or encumber, antichresis or any other encumbrance or contract that affects or may prevent
p.000069: or hinder said enjoyment or perception. The resolution that decrees them will be registered in the Registry of the
p.000069: Property of the canton where the property is located.
p.000069: The beneficiary son or daughter shall not be obliged to prepare an inventory or pay the bond that the law requires the
p.000069: usufructuary.
p.000069: In no case shall the child or adolescent whose custody and care have been entrusted to the other parent be obligated
p.000069: or a third party, to live with the person who is obliged to provide food, on the pretext that it
p.000069: be a form of alimony in kind.
p.000069: Art. 15.- Parameters for the elaboration of the Table of Minimum Alimony Pensions.- The Ministry
p.000069: in charge of economic and social inclusion issues, will define the Minimum Alimony Plan based on
p.000069: the following parameters:
p.000069: a) The basic needs by age of the fed in the terms of the present Law;
p.000069: b) The income and resources of him or the supporters, valued in relation to their ordinary income
p.000069: and extraordinary, expenses typical of their way of life and their direct dependents;
p.000069: c) Structure, distribution of family spending and income of the food and beneficiaries; and,
p.000069: d) Inflation.
p.000069: In no case may the Judge set a lower value than that determined in the Pension Table
p.000069: Minimum Food. However, you may set a higher pension than that established therein, depending
p.000069: of the merit of the evidence presented in the process.
p.000069: The pensions established in the table will be automatically indexed within the first fifteen days
p.000069: of the month of January of each year, considering also the inflation index published by the National Institute of
p.000069: Statistics and Censuses, (INEC) in the month of December of the immediately previous year and in the same percentage in which
p.000069: increase the unified basic remuneration of the worker in general.
p.000069: In cases where the income of the father and mother do not exist or are insufficient to
p.000069: satisfy the needs of the rightful holder, the Judge at the request of a party, will dispose the other liable parties, the payment
p.000069: of part or all of the fixed amount, who may exercise the action
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 36
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: of repetition of the payment against the father and / or the mother, legally obliged to fulfill this benefit.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Art. 16.- Subsidies and other legal benefits.- In addition to providing food, the person fed has the right to
p.000069: receive the following additional benefits from their father and / or mother:
p.000069: 1.- The legal or conventional subsidies for family expenses received by the defendant;
p.000069: 2.- Two additional alimony payments to be paid in the months of September and December of each year for
p.000069: the provinces of the Sierra educational system and in the months of April and December for the
p.000069: provinces of the educational regime of the Coast and Galapagos. Payment of additional pensions will be made
p.000069: even if the defendant does not work under a dependency relationship; and, 3.- 5% of the amount of legal profits
p.000069: received by the food provider for family charges, which must be prorated among all those who
p.000069: they are entitled to alimony, when they are entitled to said utilities.
p.000069: Art. 17.- Of the effect of res judicata.- The order that fixes the amount of the alimony and those forced to
p.000069: lending it does not have the effect of res judicata.
p.000069: Art. 18.- Obligations of public and private entities.- If the person obligated to pay maintenance receives remuneration,
p.000069: fees, retirement pension or other income, with or without dependency relationship, the car that fixes the pension
p.000069: Food will be notified to the payer or whoever substitutes it. The entity responsible for making the payment will have the
p.000069: obligation to deposit the fixed pension within the term of 48 hours, counted from the moment in which
p.000069: received the notification from the Judge, for which the original or copy shall be sent to this authority
p.000069: certified deposit. In the same term, the information requested by the Judge on the
p.000069: total income received by the defendant.
p.000069: Failure to comply with the provisions of the preceding paragraph, shall jointly and severally liable the
p.000069: employer, with the respective default interest.
p.000069: If the employer or the entity obliged to provide the information does not do so within 48 hours,
p.000069: hide or provide incomplete or false information about the income that the defendant receives, will not comply with
p.000069: the obligations determined in this law, make difficult or impossible the faithful and timely fulfillment of the obligation
p.000069: food, will be sanctioned, if it is from the private sector, with a fine equivalent to twice the value of the
...
p.000069: provided they have been legally summoned with the lawsuit and under legal provisions.
p.000069: Art. 25.- Prohibition of leaving the country.- At the request of the party, in the first order, the judge
p.000069: decree without prior notification, the prohibition to leave the national territory, which
p.000069: will immediately notify the National Directorate of Migration.
p.000069: Art. 26.- Real precautionary measures.- In order to ensure the payment of alimony, the Judge may order
p.000069: any of the real constraints contemplated in the Code of Civil Procedure.
p.000069: Art. 27.- Cessation of constraints.- The prohibition to leave the country and the personal constraint referred to in the
p.000069: previous articles may cease if the obligor yields a real or personal guarantee deemed sufficient by the Judge.
p.000069: In the case of personal guarantee, the guarantor or guarantor will be subject to the same responsibilities and may
p.000069: be subjected to the same constraints as the main debtor.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 38
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p.000069: All other constraints and disqualifications will only cease with the full payment due and their respective
p.000069: interest, in cash or by certified check.
p.000069: Art. 28.- Other Disabilities.- The parent who is in default in the payment of the food benefit does not
p.000069: You can request that the parental authority of the beneficiary son or daughter be handed over, but you can exercise the right to
p.000069: visits regulated in this Code.
p.000069: Art. 29.- Application of these norms in other trials.- Within trials or processes for intra-family violence,
p.000069: claim of filiation, separation of assets, divorce and in general, in any other procedure
p.000069: in which the law expressly contemplates the possibility of requesting food in favor of children and adolescents,
p.000069: The rules established in this law will be compulsorily applied.
p.000069: Art. 30.- Privileged obligation.- The economic provision of food, has first class privilege and is
p.000069: will prefer to any other obligation.
p.000069: Art. 31.- Interest for late payment.- The default interest rate set by the Central Bank of Ecuador or the entity will be applied.
p.000069: state in charge of doing it, for each day of delay in the payment of the provision of food.
p.000069: Art. 32.- Expiration of the right.- The right to receive maintenance is extinguished by any of the following
p.000069: Causes:
p.000069: 1. For the death of the right holder;
p.000069: 2. For the death of all those obliged to pay; and,
p.000069: 3. For having disappeared all the circumstances that generated the right to payment of maintenance according to this law.
p.000069: Art. 33.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000069: Tenure and parental authority must be processed by separate rope. Forbid the counterclaim.
p.000069: CHAPTER II
p.000069: Of the Procedure for the fixation and collection of alimony and survival pensions
p.000069: Art. 34.- The demand.- The demand will be presented in writing, at the domicile of the right holder and in the form
p.000069: that for this purpose the Council of the Judiciary draw up, which will be available on its website. The formula
p.000069: must comply with the requirements established in the Code of Civil Procedure and this law and also
...
p.000069: of domicile of the fed.
p.000069: Art. 43.- Automatic Annual Indexation.- Without prejudice to the right of the parties to request an increase or reduction of
p.000069: alimony, until January 31 of each year the Ministry in charge of inclusion issues
p.000069: economic and social published in the newspapers with the largest national circulation, the Pension Table
p.000069: Minimum Foodstuffs, plus the percentage of inflation determined by the National Institute of Statistics and Censuses.
p.000069: Alimony will never be lower than the minimum established in the mentioned
p.000069: table, so the lower alimony will be automatically indexed without
p.000069: need for legal action of any nature.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Art. 44.- Sanction for breach of terms and deadlines.- The Judicial Council will sanction with suspension of
p.000069: 30 to 45 days to judges who fail to comply with the terms, deadlines and amounts set forth herein
p.000069: law. In case of recidivism, he will proceed to dismiss the position.
p.000069: Art. 45.- Supplementary norms.- In everything not foreseen in this section, the Contentious Procedure will be applied.
p.000069: General, described in this code and in its absence the provisions of the Code of Civil Procedure.
p.000069: GENERAL DISPOSITION
p.000069: FIRST.- The product of the fines imposed in accordance with this Code, which do not have
p.000069: specific destination, will be sent to the Single National Treasury Account and will serve to finance the
p.000069: DNA testing costs, in the cases provided for in this law or to finance projects
p.000069: related to the reduction of judicial delay in maintenance trials.
p.000069: SECOND: The Family, Woman, Childhood and Adolescence Judges will officiate at the National Electoral Council, to
p.000069: SENRES, the Superintendency of Banks and Insurance, the Mercantile Registrar, the Registrar of the
p.000069: Property and how much authority is required, notifying the name of the debtor, the amount of the obligation due
p.000069: with their respective interests and the obligation to comply and enforce the resolution of disability
p.000069: provided for in this law.
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p.000069: TRANSITORY DISPOSITIONS
p.000069: FIRST.- The National Council for Children and Adolescents, within a period of sixty days from the
p.000069: validity of this law, will prepare and publish the Table of Minimum Alimony, which
p.000069: It must be prepared based on technical studies on the amount required to satisfy the needs.
p.000069: basic of the beneficiaries.
p.000069: Once the National Council for Children and Adolescents becomes one of the National Equality Councils,
p.000069: The updating and setting of the Table of Minimum Alimony will be carried out by the Ministry of Inclusion
p.000069: Social and Economic.
p.000069: SECOND.- The Judicial Council, within a term of up to ninety days from the effective date of the
p.000069: This law will execute a National Program for the Improvement and Modernization of the Family, Women's Courts,
p.000069: Childhood and adolescence. This program will include: the purging of inactive or
p.000069: abandonment; elimination of judicial default through the massive fixing of basic alimony of
p.000069: pursuant to what is determined in this law and the establishment of emerging measures and
p.000069: Immediate to prevent the delay of the judicial decision regarding pension fixing
p.000069: food.
p.000069: Within the same period, the provisional and emergent appointment of Family Judges shall be empowered to the Judicial Council,
p.000069: Women, Children and Adolescents, in the number that is necessary for the cities of: Quito, Guayaquil, Manta, Santo
p.000069: Domingo de los Colorados, Esmeraldas and in the provincial capitals that the Council determines.
p.000069: A specialized commission of the Ministry of Justice will evaluate the results of the program and will issue the report
p.000069: respective, so that in case of negligence or non-compliance, the National Assembly initiates the respective impeachment
p.000069: against the Members of the Council of the Judiciary.
p.000069: THIRD.- The Judicial Council within thirty days from the effective date of the
p.000069: This Law will prepare and order the immediate implementation of the "Single Form for the Demand for
p.000069: Alimony and Incident of Increase or Decrease of Alimony ". Failure to comply with this
p.000069: obligation will be informed by the Ministry of Justice and if warranted it will lead to the initiation of
p.000069: respective impeachment for the removal of the members and members of said councils, by
p.000069: of the National Assembly.
p.000069: FOURTH.- The Council of the Judiciary will implement, within 120 days, an automated direct access system to
p.000069: the information on the income of those obliged to provide food, for which purpose the
p.000069: respective agreement with the Internal Revenue Service, SRI. For the purposes of other information, the Council
p.000069: of the Judiciary will prepare the respective project in order to cross information with other systems of
...
p.000069: Jurisprudence:
p.000069: Judicial Gazette, SPECIAL SUMMARY PRENATAL FOOD TRIAL, May 28, 2012
p.000069: Art. 149.- Obligations to provide alimony.- The father of the child or
p.000069: girl, the alleged father in the case of article 131, and the other persons indicated in article 129.
p.000069: If the paternity of the defendant is not legally established, the Judge may decree the maintenance payment,
p.000069: provisional and definitive, since in the process there are tests that provide precise indications, sufficient
p.000069: and concordant to reach a conviction about the paternity or maternity of the defendant.
p.000069: Once the birth has occurred, the parties may request the biological tests referred to in the
p.000069: Article 131, with the consequences indicated in the same article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 253, 276, 355
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Art. 150.- Applicable regulations.- Regarding the order of the obligated parties, criteria and ways of fixing this
p.000069: benefit, constraints, precautionary measures, subsidies, competition, procedure and more compatible with the nature of
p.000069: this right, the rules on the right to maintenance in favor of the child or in favor of the pregnant mother will apply
p.000069: daughter.
p.000069: TITLE VII
p.000069: OF ADOPTION
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 43
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Chapter I
p.000069: General rules
p.000069: Art. 151.- Purpose of the adoption.- The purpose of the adoption is to guarantee a suitable family,
p.000069: permanent and definitive to the boy, girl or adolescent who are in social and legal capacity to be adopted.
p.000069: Art. 152.- Full adoption.- The law only admits full adoption, by virtue of which
p.000069: they establish between the adopter or adoptees all the rights, attributes, duties,
p.000069: responsibilities, prohibitions, inabilities and impediments of the parental filial relationship. In consecuense,
p.000069: Legally, the adoptive son is assimilated in everything to the consanguineous son.
p.000069: The adoption extinguishes the relationship between the adoptee and the members of his family of origin. However, they will remain
p.000069: Marital impediments that affected the adoptee due to kinship relationships persist
p.000069: extinguished.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 74 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000069: 69
p.000069: Art. 153.- Principles of adoption.- Adoption is governed by the following specific principles:
p.000069: 1. Adoption will be resorted to when the family support and family reintegration measures have been exhausted;
p.000069: 2. Priority will be given to national adoption over international adoption. International adoption will be exceptional;
p.000069: 3. Priority will be given to adoption by legally constituted heterosexual couples, over adoption by
p.000069: single people;
p.000069: 4. Members of the child's or adolescent's family of origin will be preferred as adopters, up to the fourth
p.000069: degree of consanguinity;
p.000069: 5. The boy and girl, whenever they are in a position to do so, must be heard in the process of
p.000069: adoption and their opinions will be valued according to the evolutionary and emotional development of each one. It is mandatory the
p.000069: adolescent consent;
p.000069: 6. Adopted persons have the right to know their status, their origin, their personal history
p.000069: and his inbred family, unless there is an express prohibition on the latter;
p.000069: 7. Candidates for adopters must be suitable persons;
p.000069: 8. Children, adolescents and adopter candidates must receive adequate preparation
p.000069: for adoption; and,
p.000069: 9. In cases of adoption of children and adolescents belonging to peoples and nationalities
p.000069: indigenous and Afro - Ecuadorian, adopters from their own culture will be preferred.
p.000069: Art. 154.- Unconditionality and irrevocability of the adoption.- The adoption cannot be subject to
p.000069: modalities and, once perfected, is irrevocable. Any condition that is imposed by those who must
p.000069: giving your consent will be deemed not written, without affecting the validity of the adoption.
p.000069: Art. 155.- Prohibition of undue economic benefits.- Obtaining of undue economic benefits is prohibited.
p.000069: as a consequence of adoption. Who conditions the consent for the adoption to an economic consideration
p.000069: and whoever mediates in this matter for profit, will be sanctioned as provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248, 252
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 44
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 156.- Limitation on the separation of siblings.- Only in exceptional cases may they be separated, for
p.000069: cause of adoption, children or adolescent siblings who have family relationships with each other. When i will
p.000069: hiciere, the necessary measures must be taken to ensure that the personal relationship and communication are preserved
p.000069: among them.
p.000069: The opinion of the boy or girl who expresses the desire to stay with their siblings, as well as the verification of a
p.000069: affective bond between them, must be specially considered by the Judge as antecedents that make
p.000069: adoption not recommended. In the same case, the Judge may not order the adoption against the express will of the
p.000069: Teen.
p.000069: Art. 157.- Age of the adoptee.- Only people under the age of eighteen can be adopted. By exception, the
p.000069: adult adoption in the following cases:
p.000069: a) When they have a relationship of kinship with the candidate for adoption within the fifth degree of consanguinity;
p.000069: b) When they have been integrated into the home of the candidate for adoption in foster care for a period of not less than
p.000069: two years;
p.000069: c) When they have been integrated into the candidate's home since childhood, or since adolescence for a period of
p.000069: less than four years; and,
p.000069: d) When it comes to adopting the spouse's child.
p.000069: In no case may persons over the age of twenty-one be adopted.
...
p.000061: 1. Of the adolescent to be adopted;
p.000061: 2. The father and mother of the child or adolescent to be adopted, who have not been deprived
p.000061: of parental authority;
p.000061: 3. From the guardian of the child or adolescent;
p.000061: 4. Of the spouse or partner of the adopter, in cases of marriage or de facto union that meets the requirements
p.000061: legal; and,
p.000061: 5. The parents of the adolescent father or mother who consents to the adoption of their child.
p.000061: The Judge has the obligation to personally verify, at the corresponding hearing, that the
p.000061: consent has been freely and spontaneously granted; and that the Technical Adoption Unit of the Ministry of
p.000061: Social Welfare has fulfilled the obligations indicated in the following article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461
p.000061: Art. 162.- Advice to the person who must give consent.- The Technical Unit for Adoptions of the
p.000061: Ministry of Social Welfare will give free advice to the person who must give consent for the
p.000061: adoption, on the meaning and effects of this protection measure; and will propose the alternatives that
p.000061: preserve the family bond after adoption. This unit will prepare a report on compliance with these
p.000061: obligations and will present it to the Judge who knows the adoption.
p.000061: Art. 163.- Prohibited adoptions.- Adoption is prohibited:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 46
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Of the unborn child; and,
p.000061: 2. By predetermined candidates, except when the child or adolescent to be adopted is a relative within
p.000061: of the fourth degree of consanguinity of the candidate to adopter, or son of the spouse or partner in the cases
p.000061: de facto union that meets the legal requirements. However, even in these cases the candidates for adopters must
p.000061: be declared suitable in accordance with the general rules.
p.000061: Art. 164.- Persons who must be heard for adoption.- In the administrative and judicial phases of the
p.000061: adoption must have the opinion of the child who is in a position to express it, and the adolescent in all
p.000061: the cases.
p.000061: The Judge will hear the relatives of the child or adolescent, the care entity involved and any person
p.000061: that can provide well-founded information on the inconvenience of the adoption or irregularities in the
p.000061: procedure used.
p.000061: Chapter II
p.000061: Administrative phase
p.000061: Art. 165.- Object of the administrative phase.- Every judicial adoption process will be preceded by a phase
p.000061: administrative which aims to:
p.000061: 1. Study and report on the physical, psychological, legal, family and social situation of the person who is going to
p.000061: be adopted
p.000061: 2. Declare the suitability of the candidates for adopters; and,
p.000061: 3. Assign, by administrative resolution, a family to a boy, girl or adolescent. This faculty
p.000061: it is exclusive to the corresponding Family Allowance Committee.
p.000061: Art. 166.- Prohibitions related to this phase.- It is prohibited:
p.000061: 1. The pre-allocation of a family to a child or adolescent, except in cases of difficult adoption,
p.000061: either due to illness, disability, age over 4 years or others duly justified; and,
p.000061: 2. The relationship of a child or adolescent before the legal declaration of adoptability, of the
p.000061: preparation, presentation and approval of the report on their physical, psychological, legal, family and social situation and
p.000061: of the declaration of suitability of the adopter.
p.000061: Officials of the Technical Adoption Unit, legal representatives or officials of the entities of
p.000061: Attention or the Judge, who breaches the prohibitions established in this article, will be sanctioned
p.000061: in accordance with this Code, without prejudice to administrative responsibilities,
p.000061: civil and criminal to which there may be.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000061: Art. 167.- Bodies in charge of the administrative phase.- Bodies in charge of the phase
p.000061: administrative are:
p.000061: 1. The Technical Adoption Units of the Ministry of Social Welfare; and,
p.000061: 2. The Family Allowance Committees.
p.000061: Art. 168.- Of the Technical Adoption Units.- Corresponds to the Technical Adoption Units:
p.000061: 1. Prepare or request and approve medical, psychological, legal, family and social reports related to the
p.000061: person to be adopted; and require any extensions or clarifications that are
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 47
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: necessary;
p.000061: 2. Study the adoption applications of the adopter candidates, evaluate the reports on the realization of
p.000061: adoptive parent training courses and declare their suitability;
p.000061: 3. Carry out the matching process provided by the Family Allowance Committees and present the
p.000061: respective reports;
p.000061: 4. Design and execute, directly or through authorized entities, the continuous process of
p.000061: adoptive parent training and post-adoption support services; and,
p.000061: 5. Regulate the procedures to guarantee that the child or adolescent is adopted by the person or persons
p.000061: best suited to your needs, characteristics and conditions. For this purpose, it will establish a system
p.000061: integrated national information that has a registry of the candidates for adopters and a registry of children,
p.000061: girls and adolescents fit for adoption.
p.000061: Any report required in the adoption process must be motivated and commit responsibility
p.000061: solidarity of the Technical Unit of Adoptions and the entity that prepared it.
p.000061: These reports and studies are reserved and must be filed and preserved in order to ensure this
p.000061: character. They can be accessed by the adoptee who has reached the age of eighteen, his adoptive parents and persons
p.000061: legitimized for the action of nullity of the adoption.
p.000061: Art. 169.- Refusal of adoption request.- In case the adoption request is denied by the respective
p.000061: Technical Adoption Unit, the applicant may file an administrative appeal with the Minister
p.000061: of Social Welfare.
p.000061: Art. 170.- Of the Family Allocation Committees.- The Family Allocation Committees will be integrated
p.000061: by three appointed members; two by the Ministry in charge of economic inclusion issues and
p.000061: social and one by the municipal government where each committee has jurisdiction.
p.000061: Each Committee will elect a President from its bosom.
p.000061: The Family Allocation Committees will be called by their President at the request of the respective Technical Unit of
p.000061: Adoptions. The representatives and technicians of the attention entities and the officials of the Unit
p.000061: Adoption Technician will attend the Committee meetings with the sole purpose of issuing their technical criteria.
p.000061: The jurisdiction of the Family Allowance Committees will be determined by the Ministry in charge of the affairs of
p.000061: economic and social inclusion in the act of its creation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 171.- Of the members of the Assignment Committees.- To be a member of the Assignment Committees
p.000061: Family members must be accredited knowledge and experience in social, psychological, legal or medical work with children and
p.000061: adolescence, especially with children deprived of their family environment and adoption. The representatives cannot be
p.000061: of adoption agencies or entities, their officials or employees, and their relatives until
p.000061: fourth degree of consanguinity or second degree of affinity.
p.000061: Members of the Family Allowance Committees are subject to disabilities and
p.000061: incompatibilities provided for in the regulation.
p.000061: Art. 172.- The allocation.- The Allocation is the decision of the Family Allocation Committee, expressed by
p.000061: administrative resolution, by which an appropriate family is assigned to a certain child or adolescent, according to their
p.000061: needs, characteristics and conditions.
p.000061: The assignment will be notified to the candidates for adopters, the person to be adopted and the Care Entity
p.000061: where appropriate.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 48
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Adoptive families may not accept the assignment made, in a motivated way, if it does not respond
p.000061: to the terms of your request. If the non-acceptance of the assignment is due to reasons that the Committee considers
p.000061: discriminatory, will provide that the Technical Adoption Unit remove the family from the family registry
p.000061: adopters.
p.000061: Art. 173.- Refusal of assignment.- The Family Assignment Committee will deny the assignment in the
p.000061: following cases:
p.000061: 1. When adolescents do not consent to the assignment or the boys and girls give contrary opinion to
p.000061: its adoption; and,
p.000061: 2. When the adoptive candidates desist from adopting the child or adolescent or not
p.000061: pronounce within the established period.
p.000061: Art. 174.- The relationship.- Once the assignment has been made, the Family Assignment Committee will order the
p.000061: establishing an initial bond between the child or adolescent to be adopted and the candidate (s) to
p.000061: adopters, in order to check, in the practice of the relationship, if the allocation has been the most appropriate for
p.000061: the boy, girl or adolescent.
p.000061: For the relationship to take place it is necessary that both the candidate for adoption and the future adoptive family
p.000061: have received adequate preparation to assume the relationship they initiate.
p.000061: The relationship does not create rights or obligations for the adopter candidates with respect to the person to
p.000061: be adopted.
p.000061: Chapter III Judicial phase
p.000061: Art. 175.- Adoption trial.- The adoption trial will begin once the phase has concluded
p.000061: administrative, and will comply with the procedure indicated in Chapter IV, Title X, Book III of this Code.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 284, 285
p.000061: Art. 176.- Registration in the Civil Registry.- The sentence granting the adoption must be registered in the Registry
p.000061: Civil, so that the original birth registration is canceled, through a marginal annotation that accounts for the
p.000061: adoption, and a new registry is practiced in which this circumstance will not be mentioned.
p.000061: Art. 177.- Nullity of the adoption.- The adoption will be annulled by the Judge, in the following cases:
p.000061: 1. Falsity of the reports or documents necessary to grant it;
p.000061: 2. Non-observance of the age requirement of the adoptee according to article 157;
p.000061: 3. Lack of any of the requirements that the adopter must meet, according to article 159;
p.000061: 4. Omission or defect of the consents required by article 161; and,
p.000061: 5. Failure to comply with the requirement set forth in article 160 for adoption by the guardian.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CIVIL CODE (BOOK IV), Arts. 1467
p.000061: Art. 178.- The nullity action.- The nullity of the adoption may only be sued by the adoptee,
p.000061: by the persons whose consent was omitted, in the case of numeral 4 of the article
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 49
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: above, and by the Ombudsman.
p.000061: This action prescribes within two years from the registration of the adoption decision.
p.000061: in the Civil Registry.
p.000061: Those legitimized actively for the exercise of the nullity action have the right to access all
p.000061: the documents and information that on the particular case are necessary.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK III), Arts. 1389
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 75
p.000061: Art. 179.- Monitoring of adoptions.- During the two years following the adoption, the national adopters
p.000061: and the adopted children and adolescents will receive advice and orientation and will be subject to the control of the Unit.
p.000061: Adoption Technique or the care entities that it designates, in order to strengthen ties
p.000061: family that creates the adoption and ensure the full exercise of the rights of the adopted.
p.000061: Chapter IV
p.000061: Of international adoption
p.000061: Art. 180.- Concept.- An international adoption is one in which the candidates for adopters,
p.000061: whatever their nationality, they have their habitual domicile in another State with which Ecuador has signed a
p.000061: adoption agreement; as well as the one in which the adoptive candidate or candidates are foreigners, domiciled in the
p.000061: Ecuador for less than three years.
p.000061: In case of not being domiciled in their country of origin, the applicant must prove a minimum residence of three
p.000061: years in another country with which Ecuador has signed an adoption agreement.
p.000061: Art. 181.- Authorized entities for adoption.- International adoption will be carried out only through entities
p.000061: created and authorized expressly and exclusively for this activity.
p.000061: Art. 182.- Requirements for international adoption.- In addition to the provisions of article 182, for it to take place
p.000061: An international adoption must meet the following requirements:
p.000061: 1. The existence of an international adoption treaty or agreement between Ecuador and the country of residence or
p.000061: origin, as the case may be, of the applicant (s). The country of domicile must comply with the terms established in
p.000061: the Convention on the Rights of the Child and the Hague Convention on the Protection of Children and
p.000061: Cooperation in the Field of International Adoption;
p.000061: 2. In the absence of the provisions of the preceding paragraph, the existence of an adoption agreement between Ecuador and a
...
p.000061: to Children and Adolescents is an articulated and coordinated set of organizations, entities and services, public and
p.000061: private, which define, execute; control and evaluate the policies, plans, programs and actions, with
p.000061: the purpose of guaranteeing the comprehensive protection of children and adolescents; define measurements,
p.000061: procedures; sanctions and remedies, in all areas, to ensure validity, exercise,
p.000061: enforceability and restitution of the rights of children and adolescents, established in this
p.000061: Code, the Political Constitution and international legal instruments.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 45, 46
p.000061: Art. 191.- Guiding principles.- The National Decentralized System for the Comprehensive Protection of Children and Adolescents.
p.000061: is based on the principles enshrined in the Political Constitution of the Republic, the instruments
p.000061: international and this Code.
p.000061: It also obeys specific principles that inform its construction as a system:
p.000061: social participation, decentralization and deconcentration of their actions; the legality, the economy
p.000061: procedural, the motivation of all administrative and jurisdictional act, efficiency and effectiveness; and the
p.000061: co-responsibility of the State, family and society.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46
p.000061: Art. 192.- Organisms of the system.- The National Decentralized System for the Comprehensive Protection of Children and
p.000061: Adolescence is made up of three levels of organisms:
p.000061: 1. Organizations for defining, planning, controlling and evaluating policies, which are:
p.000061: a) The National Council for Children and Adolescents; and,
p.000061: b) The Cantonal Councils for Children and Adolescents;
p.000061: 2. Organizations for the protection, defense and enforcement of rights. Are:
p.000061: a) The Cantonal Boards for the Protection of Rights;
p.000061: b) The Administration of Specialized Justice for Children and Adolescents; and,
p.000061: c) Other organisms.
p.000061: 3. Organisms for the execution of policies, plans, programs and projects. Are:
p.000061: a) Public service entities; and,
p.000061: b) Private attention entities.
p.000061: TITLE II
p.000061: OF INTEGRAL PROTECTION POLICIES AND PLANS
p.000061: Art. 193.- Comprehensive Protection Policies.- Comprehensive protection policies are the set of
p.000061: public guidelines; dictated by the competent bodies, whose actions lead to ensuring the
p.000061: comprehensive protection of the rights and guarantees of children and adolescents.
p.000061: The National Decentralized System for the Comprehensive Protection of Children and Adolescents contemplates
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 53
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p.000061: five types of comprehensive protection policies, namely:
p.000061: 1. Basic and fundamental social policies, which refer to the universal conditions and services that
p.000061: All children and adolescents have the right, equally and without exception, as protection of the
p.000061: family, education; health, nutrition, housing, parental employment and social security, among
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
p.000061: of the rights of children and adolescents must contemplate the coordinated action of all entities
p.000061: responsible, at national and local level, in order to optimize the resources and efforts that are made.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 46
p.000061: TITLE III
p.000061: POLICY DEFINITION, PLANNING, CONTROL AND EVALUATION AGENCIES
p.000061: Art. 194.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 195.- Functions of the National Council.- Corresponds to the Ministry in charge of matters of economic inclusion and
p.000061: Social:
p.000061: a) Define and evaluate compliance with the National Policy for the Comprehensive Protection of Children and
p.000061: Adolescence, ensure the correspondence of sectoral and sectional policies with the national policy of
p.000061: comprehensive protection and demand compliance from the responsible agencies;
p.000061: b)
p.000061: c)
p.000061: d)
p.000061: and)
p.000061: F)
p.000061: Note: Literatures b) to f) repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: g) Define the national adoption policy and monitor compliance;
p.000061: h) Establish Family Assignment Committees, determine the jurisdiction of each and designate the members who
p.000061: corresponds to him in accordance with the provisions of this Code;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 54
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p.000061: i) Designate the central authorities for the application of international legal instruments and determine the
p.000061: technical body responsible for monitoring and controlling compliance with the commitments assumed by
p.000061: the Ecuadorian State in said instruments and to prepare the corresponding reports;
p.000061: j) Propose to the representatives of the Ecuadorian State before international organizations in the area of ​​childhood and
p.000061: adolescence, considering candidates that due to their experience guarantee adequate representation;
p.000061: k) Promote the signing of conventions, treaties and other international instruments that are related to the
p.000061: children and adolescents at the national level, supporting initiatives that are promoted in this area from the
p.000061: Cantonal Councils;
p.000061: l)
p.000061: m)
p.000061: n)
p.000061: or)
p.000061: p)
p.000061: q)
p.000061: r)
p.000061: s)
p.000061: t)
p.000061: or)
p.000061: Note: Literals l) to u) repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 196.- Integration and duration of its members.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 197.- Form of election.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 198.- Operating rules.-
...
p.000061: The regulation will contemplate the specific functions of these organisms within the system.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 215
p.000061: TITLE V
p.000061: OF THE EXECUTING AGENCIES OF THE NATIONAL PROTECTION SYSTEM
p.000061: Art. 209.- Definition and legal nature.- The organisms of execution of policies, plans, programs
p.000061: and projects, are public and private attention entities that are in charge of the execution of
p.000061: policies, plans, programs, projects, actions and measures of protection and sanction, according to the policies and
p.000061: plans defined by the competent bodies and instructions
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 57
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p.000061: of the authority that legitimized its operation.
p.000061: Art. 210.- Efficacy and legality of their action.- The attention entities must carry out their activities
p.000061: in the way that ensures the validity and protection of the rights and guarantees of children and
p.000061: adolescents, with strict adherence to the provisions of this Code, the regulations and the
p.000061: instructions from the authority that legitimized its operation.
p.000061: Art. 211.- Obligations of the attention entities.- The attention entities and the programs they execute must
p.000061: comply with the following general obligations:
p.000061: a) Promote personal and direct relationships with the family and promote activities that allow strengthening
p.000061: family bonding or reintegration in the shortest possible time, depending on the case;
p.000061: b) Carry out educational actions with the relatives in the care of the child or adolescent;
p.000061: c) Provide personalized attention and development of educational and recreational activities with each child and
p.000061: adolescent, according to their developmental needs;
p.000061: d) Comply with national standards of quality, safety and hygiene, in addition to those indicated in each case by the
p.000061: authority that legitimized its operation;
p.000061: e) Have adequate financial, human and material resources for the programs they execute;
p.000061: f) Submit periodic and detailed reports on the progress of their programs to the body that authorized their registration
p.000061: and operation;
p.000061: g) Guarantee that children and adolescents have public identity documents;
p.000061: h) Perform all social, legal and administrative actions aimed at defining and solving the situation
p.000061: physical, psychological, legal, family and social of the boy, girl and adolescent;
p.000061: i) Provide medical, dental, legal, psychological and social care;
p.000061: j) Guarantee food, clothing and necessary implements for personal hygiene and cleanliness;
p.000061: k) Inform the competent authority of the situation of threat or violation of rights;
p.000061: l) To inform the competent authority of changes in the legal status of children and
p.000061: adolescents in order for it to adopt the corresponding measures;
p.000061: m) Guarantee the entry and permanence of children and adolescents in the educational system, when
p.000061: correspond
p.000061: n) Maintain complete and updated records of each child or adolescent; and,
p.000061: o) The others established in this Code, laws, regulations, resolutions and instructions of the authority that
p.000061: legitimized its operation.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000061: Art. 212.- Registration of the attention entities. Attention entities must request registration
p.000061: to the respective ministry, for which they will present the care program, its financing and the other documents that
p.000061: are indicated in the Regulations. The registration of care entities will be valid for two renewable years
p.000061: indefinitely. In cases of refusal to register or to enroll in a program, the affected entity may
...
p.000061: d) Cancellation of one or more programs; and,
p.000061: e) Cancellation of authorization and registration.
p.000061: The application of sanctions will be made after the non-compliance has been verified, through a
p.000061: administrative procedure that ensures respect for due process guarantees.
p.000061: Art. 214.- Obligations of schools, colleges and health centers.- The entities that provide
p.000061: Public and private education and health services must comply with the measures of
p.000061: protection and administrative and judicial resolutions issued by the corresponding authorities and with the standards
p.000061: of established quality.
p.000061: TITLE VI
p.000061: OF PROTECTION MEASURES
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 215.- Concept.- Protection measures are actions taken by the competent authority, through resolution
p.000061: judicial or administrative, in favor of the child or adolescent, when the risk has occurred or exists
p.000061: imminent that a violation of their rights occurs by action or omission of the State, society, their
p.000061: parents or guardians or the child or adolescent himself. In the application of the measures, preference should be given to those
p.000061: that protect and develop family and community ties.
p.000061: Protective measures impose on the State, its officials or employees or any individual, including
p.000061: parents, relatives, caregivers, teachers, educators, and the child himself or herself
p.000061: adolescents, certain actions in order to stop the act of threat, restore the right that has
p.000061: been violated and ensure permanent respect for their rights.
p.000061: Art. 216.- Concurrence of measures: One or more protection measures may be decreed for the same case and applied in
p.000061: simultaneously or successively. Its application does not prevent the imposition of sanctions that the case warrants.
p.000061: Art. 217.- List of protection measures.- Protection measures are
p.000061: administrative and judicial.
p.000061: In addition to those contemplated in Title IV of the First Book and in other legal bodies, they are measures
p.000061: administrative protection:
p.000061: 1. Actions of an educational, therapeutic, psychological or material support nature to the family nucleus, to preserve,
p.000061: strengthen or reestablish their ties for the benefit of the child or adolescent;
p.000061: 2. The order of care of the child or adolescent in their home;
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p.000061: 3. The family reintegration or return of the boy and girl to their biological family;
p.000061: 4. The order of insertion of the child or adolescent or of the person involved in the threat or violation of the
p.000061: right, in any of the protection programs contemplated by the System and which, in the judgment of the competent authority,
p.000061: it is the most appropriate according to the type of violating act, such as the order to carry out investigations
p.000061: necessary for the identification and location of the child or adolescent or their relatives and the
p.000061: clarification of the social, family and legal situation of the child or adolescent, the order to execute
p.000061: a specific action for the restitution of the violated right, such as: imposing on parents the
p.000061: enrollment of the child or adolescent in the Civil Registry or arrange for a health facility to provide
p.000061: urgent care or that an educational establishment proceed to enroll it, etc .;
p.000061: 5. The temporary removal of the person who has threatened or violated a right or guarantee, from the place where they live with
p.000061: the affected child or adolescent; and,
p.000061: 6. Emergency custody of the affected child or adolescent, in a family home or a care entity,
p.000061: up to seventy-two hours, during which time the Judge will order the corresponding protection measure.
p.000061: The following are judicial measures: foster care, institutional foster care and adoption.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 67
p.000061: Art. 218.- Competent authority and authorized entities.- They are competent to order the measures of
p.000061: protection referred to in this title, the Judges of Children and Adolescents, the Cantonal Protection Boards of
p.000061: Rights and care entities in the cases contemplated in this Code.
p.000061: Judicial protection measures can only be ordered by the Children's Judges and
p.000061: Adolescence.
p.000061: Administrative measures can be ordered interchangeably by the Children's Judges and
p.000061: Adolescence and the Cantonal Boards for the Protection of Rights, according to those who have prevented the knowledge of the
p.000061: facts that justify them.
p.000061: Care entities may only order administrative protection measures, in cases expressly
p.000061: provided for in this Code.
p.000061: Of the measures provided by the Cantonal Boards of Protection of Rights and the attention entities can
p.000061: appeal to the Childhood and Adolescence Judges, against whose resolution in this matter there will be no recourse.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 4 CODE OF CIVIL PROCEDURE, Arts. 29, 38
p.000061: Art. 219.- Monitoring, review, evaluation and revocation of the measures.- The Boards of Protection of Rights and
p.000061: The Judges for Children and Adolescents have the responsibility of monitoring the measures
p.000061: of protection that they have ordered, review their application and periodically evaluate their effectiveness, in relation
p.000061: with the purposes that were had at the time of decreeing them.
p.000061: Protection measures can be replaced, modified or revoked by the authority that imposed them.
p.000061: Chapter II
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 60
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p.000061: Foster care
p.000061: Art. 220.- Concept and purpose.- Foster care is a temporary measure of protection provided
p.000061: by the judicial authority, which aims to provide a child or adolescent deprived of their environment
p.000061: family, an ideal family and appropriate to their needs, characteristics and conditions.
p.000061: During the execution of this measure, it will seek to preserve, improve or strengthen family ties,
p.000061: prevent abandonment and seek the insertion of the child or adolescent into their biological family,
p.000061: involving parents and relatives.
p.000061: Art. 221.- Limitation on foster care.- The poverty situation of parents and relatives within
p.000061: of the third degree of inbreeding in a straight or collateral line is not in itself sufficient reason to resolve the
p.000061: foster care.
p.000061: Art. 222.- Foster care conditions.- Foster care must comply with the following
p.000061: terms:
p.000061: 1. Run in a home previously qualified for this purpose, by the competent authority;
p.000061: 2. Run in a home that, due to its location, allows the children and adolescents subject
p.000061: to the extent, normally participate in community life and can use all the services that it
p.000061: offers;
p.000061: 3. Assure children and adolescents an adequate socialization process and guarantee them security and
p.000061: emotional and affective stability; and,
p.000061: 4. Guarantee that the relationships of the foster child or adolescent develop in a family context and are
p.000061: personalized, so that the construction of their identity and the development of the
p.000061: personality.
p.000061: The regulation will establish the requirements that the foster parents must meet and more conditions that they must
p.000061: meet for the declaration of suitability.
p.000061: Art. 223.- Right to financial contribution.- The boy, girl or adolescent who is in
p.000061: Foster care has the right to receive from their relatives up to the third degree of
p.000061: consanguinity, and in the absence or impossibility of these, by the State and sectional governments,
p.000061: a monthly financial contribution sufficient to cover their needs for the duration of the foster care. The
p.000061: The amount of this financial contribution will be fixed every six months by the Judge for Children and Adolescents.
p.000061: Art. 224.- Executors of foster care.- Foster care will be carried out through families
p.000061: registered with a service entity authorized to carry out these programs.
p.000061: In order to execute a foster care program, the care entity, in addition to meeting the general standards,
p.000061: You must present a training program for foster families and individuals.
p.000061: Art. 225.- Priority for foster care.- For the foster care, the following order of
p.000061: priority:
p.000061: 1. The family to which both parents or the father or the mother according to who exercises the homeland
p.000061: power, has delivered the child or adolescent for their care and upbringing; and,
p.000061: 2. A family that guarantees the protection and integral development of the child or adolescent,
p.000061: preferably of their ethnic group, town or culture.
p.000061: All persons entrusted with the care and protection of a child or adolescent in foster care
p.000061: family must be enrolled in a foster program that will provide education and training
p.000061: necessary and will supervise the performance of its mission. People
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p.000061: indicated in numeral 1 will be enrolled in one of the programs referred to in the previous article, since
p.000061: foster care is formalized.
p.000061: Art. 226.- Duties and obligations of the foster care entities.- In addition to the obligations
p.000061: general to any care entity, the one that executes foster care programs, must comply with the
p.000061: following specific obligations:
p.000061: 1. Assume the legal representation of the foster child or adolescent, when the resolution so determines;
p.000061: 2. Submit to the competent authority in a timely manner the global project of the family and the comprehensive project of
p.000061: care for the foster child or adolescent and ensure compliance;
p.000061: 3. Seek to strengthen family ties and overcome the causes that motivated the measure;
p.000061: 4. Periodically inform the competent authority of the general situation of the host or, at any time if
p.000061: the circumstances that motivated the measure change, so that it ratifies, modifies or ends it;
p.000061: 5. Participate in clarifying the legal situation of the child or adolescent deprived of their family environment;
p.000061: and,
p.000061: 6. Exhaust all the necessary actions to reinsert the child or adolescent in their family.
p.000061: Art. 227.- Duties and rights of the family of the child or adolescent: The parents or members of
p.000061: the family of the child and adolescent within the third degree of inbreeding in a straight or collateral line have the
p.000061: following rights and duties in foster care:
p.000061: 1. Cooperate in decisions that affect the foster child or adolescent;
p.000061: 2. Participate in determining the general aspects in which the child's family or
p.000061: adolescent intends to change to improve relationships within the family, and contribute to their
p.000061: compliance;
p.000061: 3. Participate in the determination and execution of the educational, emotional, physical aspects,
p.000061: psychological and affective that must be promoted for the growth and integral development of the child or adolescent and
p.000061: support their compliance;
p.000061: 4. Contribute financially, according to their possibilities, to the support of the child or
p.000061: foster adolescent; and,
p.000061: 5. Maintain references, links, visits and care in relation to your son, daughter or family member
p.000061: welcomed.
p.000061: In the absence or absence of the persons referred to in this article, the collaboration of the
p.000061: persons or family with which the child or adolescent was before the care.
p.000061: Art. 228.- Rights and responsibilities of the foster child or adolescent: The child or adolescent
p.000061: Foster has the following specific rights and responsibilities:
p.000061: 1. Be informed of the nature of the measure and express their opinion for fostering, according to its development
p.000061: evolutionary;
p.000061: 2. Receive adequate care and attention from those who host him;
p.000061: 3. Participate in the execution of the life project that includes all areas for its integral development; and,
p.000061: 4. Keep respect and collaborate with the foster family and the entity authorized to fulfill the objectives
p.000061: of foster care.
p.000061: Art. 229.- Termination of foster care: Foster care ends by:
p.000061: 1. The reintegration of the child or adolescent into their biological family;
p.000061: 2. Adoption of the child or adolescent;
p.000061: 3. The legal emancipation of the host, for the causes provided for in the 2nd ordinals. and 4th. of article 328 of the Code
p.000061: Civil; and,
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p.000061: 4. Resolution of the authority that ordered the measure.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 308
p.000061: Art. 230.- Prohibition of profit.- Obtaining profit as a consequence of the
p.000061: foster care.
p.000061: Art. 231.- Option to adopt foster children: People who have had a child or adolescent in
p.000061: foster care, will have a priority option for adoption, provided they meet the requirements
p.000061: legal.
p.000061: Chapter III
p.000061: INSTITUTIONAL WELCOME
p.000061: Art. 232.- Concept and purpose: Institutional fostering is a transitory measure of protection provided by the
p.000061: judicial authority, in cases where foster care is not possible, for those children or
p.000061: adolescents who are deprived of their family environment. This measure is the last resort and will be followed.
p.000061: only in those duly authorized care entities.
p.000061: During the execution of this measure, the responsible entity has the obligation to preserve, improve,
p.000061: strengthen or restore family ties, prevent abandonment, seek the reintegration of the child, or
p.000061: teen in your birth family or seeking adoption.
p.000061: Art. 233.- Termination of institutional fostering.- Institutional fostering ends by:
p.000061: 1. Reinsertion of the child or adolescent in their biological family;
p.000061: 2. Foster care;
p.000061: 3. Adoption of the child or adolescent;
p.000061: 4. Legal emancipation of the host; and,
p.000061: 5. Resolution of the competent authority that ordered it.
p.000061: Art. 234.- Rules applicable to institutional care.- Are applicable to institutional care the
p.000061: Relevant foster care provisions, especially those related to the limitation of foster care due to
p.000061: poverty, economic contribution, duties and obligations of the foster child, duties and rights of children and
p.000061: teenagers and their family, as well as the prohibition of profit.
p.000061: TITLE VIII
p.000061: ADMINISTRATIVE PROCEDURE FOR THE PROTECTION OF RIGHTS
p.000061: Art. 235.- Provenance and competent body.- The procedure regulated in this title is applied for the substantiation of
p.000061: the following matters:
p.000061: a) The application of protective measures when there has been a threat or violation of individual rights or
p.000061: groups of one or more children or adolescents;
p.000061: b) The knowledge and sanction of the infractions sanctioned with warning; and,
p.000061: c) The knowledge and sanction of the irregularities committed by the attention entities, it is up to
p.000061: the bodies that registered and authorized the offending entity.
p.000061: The knowledge and resolution of the matters indicated in paragraphs a) and b) correspond to the Cantonal Board of
p.000061: Protection of Rights of the canton where the threat, violation of law or infraction occurred.
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p.000061: Article 236.- Active legitimation.- Without prejudice to the power of the competent bodies to act ex officio and of the
p.000061: In cases where public action is granted, they can propose administrative protection action:
p.000061: 1. The affected child or adolescent;
p.000061: 2. Any member of your family, up to the fourth degree of consanguinity and second of affinity;
p.000061: 3. The Ombudsman's Office;
p.000061: 4. The Community Defenders; and,
p.000061: 5. Any other person or entity that has an interest in it.
p.000061: Art. 237.- Beginning of the procedure.- The administrative procedure for the protection of rights can be initiated from
p.000061: ex officio or by verbal or written complaint in which it will be indicated:
p.000061: 1. The organism before which he appears;
p.000061: 2. The names, surnames, age and address of the complainant and the quality in which he appears;
p.000061: 3. The most detailed identification possible of the affected child or adolescent;
p.000061: 4. The most detailed possible identification of the person or entity reported; and,
p.000061: 5. The circumstances of the denounced fact, indicating the right affected or the
p.000061: imputed irregularity.
p.000061: Within forty-eight hours of knowing the fact or receiving the complaint, the agency,
p.000061: The administrative officer will take notice and will set the day and time for the answering hearing.
p.000061: The summons for the hearing will be practiced personally or through a ballot left at home.
p.000061: of the aforementioned in business day and time.
p.000061: Art. 238.- Hearing.- The oral arguments of the parties will be heard at the hearing, beginning with the complainant,
p.000061: after which the adolescent, in any case, or the boy or girl who is in conditions of
p.000061: Express your opinion.
...
p.000061: respective jurisdiction.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 172
p.000061: TITLE X
p.000061: THE ADMINISTRATION OF JUSTICE OF CHILDREN AND ADOLESCENCE
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 255.- Specialty.- Establish the Administration of Specialized Justice for Children and
p.000061: Adolescence, integrated into the Judicial Function, for the knowledge and resolution of matters
p.000061: related to the protection of the rights and guarantees of children and adolescents regulated in this Code.
p.000061: Art. 256.- Guiding principles.- The Administration of Specialized Justice for Children and
p.000061: Adolescence will guide its actions and resolutions with strict adherence to the principles, rights, duties and
p.000061: responsibilities established in this Code.
p.000061: Its management is also inspired by the principles of humanity in the application of law, prioritization
p.000061: of equity over the rituality of prosecution, legality, independence, gratuitousness, morality,
p.000061: speed and efficiency.
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000061: Art. 257.- Guarantees of due process.- In all judicial proceedings that are substantiated pursuant to this
p.000061: Code, people will have the inviolability of the defense, the contradiction, the challenge, the
p.000061: immediacy, the right to be heard and other guarantees of due process.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 258.- Testimony of the offended boy, girl and adolescent.- In all judicial or
p.000061: administrative, the judge or the competent authority, will ensure that the best interests of the child or
p.000061: teenager who has been offended by the commission of a criminal offense.
p.000061: The child or adolescent will declare without oath, in the presence of their parents or guardian.
p.000061: If they do not have them, the Judge will designate and possess a special curator on the spot, preferring for the effect
p.000061: to a trusted person of the declarant.
p.000061: The declaration must be practiced in a reserved manner and under conditions that respect privacy, physical integrity and
p.000061: emotional of the child or adolescent. The procedural parties may witness the statement, if the Judge
p.000061: considers that it does not violate the best interests of the child or adolescent.
p.000061: After the declaration, the judge may authorize the interrogation of the parties through him.
p.000061: The Judge will not allow the questions that contravene the provisions of this
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p.000061: provide for the existence of a technical office as an auxiliary body for the judges of children and
p.000061: Adolescence, from the specialized rooms of the Provincial and National Court, made up of doctors,
p.000061: psychologists, social workers and more professionals specialized in working with children and adolescents, in the
p.000061: number determined for each case by the Judicial Council.
p.000061: This office will be in charge of practicing the technical examinations ordered by the judges and their reports will have value
p.000061: expert.
p.000061: The servers that make up this office will be part of the administrative judicial career that
p.000061: contemplates the Organic Code of the Judicial Function
p.000061: Note: Article replaced by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 261.- Supplementary regulations.- In everything related to the organization of the Administration of Justice for Children
p.000061: and Adolescence, which is not contemplated in this Code, the rules of the Organic Law of the
p.000061: Judicial function.
p.000061: Art. 262.- Jurisdiction of the Teenage Offender Judges. Corresponds to the Teen Judges
p.000061: Offenders within their respective territorial constituencies, knowledge and resolution of matters
p.000061: related to the responsibility of the adolescent who treats the Fourth and Fifth Books.
p.000061: In the cantons where there is no judge of offending adolescents, the knowledge of the causes will correspond to the
p.000061: Family judge, woman, childhood and adolescence.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 70
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: CIVIL PROCEDURE CODE, Arts. 1, 16
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 175, 178
p.000061: Art. 263.- Special requirements to be a Judge.- In addition to the general requirements established in the Organic Law of
p.000061: the judicial function, to be a judge for children and adolescents, you must participate in an opposition contest and
p.000061: merits, whose aptitude test will include an evaluation of the candidate's knowledge and understanding
p.000061: about the principles and rules of this Code, Political Constitution, Convention on
p.000061: Rights of the Child and more international instruments in force on the rights and guarantees of children
p.000061: and adolescents.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 170
p.000061: Chapter III
p.000061: The judicial action for protection
p.000061: Art. 264.- Purpose and nature.- The judicial action for protection aims to obtain a
p.000061: judicial order for the protection of the collective and diffuse rights of children and
p.000061: adolescence, and consists in the imposition of a certain behavior of action or omission, of possible
...
p.000061: respective jurisdiction;
p.000061: b) The Ombudsman's Office; and,
p.000061: c) Any person over the age of fifteen who has an interest in it.
p.000061: For the action of literal c), the sponsorship of a lawyer will be required.
p.000061: Art. 266.- Competent body.- Knowledge and resolution of the judicial action for protection
p.000061: corresponds to the Judge of Children and Adolescents of the jurisdiction in which the violation of the right has occurred, in
p.000061: the domicile of the defendant or that of the plaintiff, at the latter's choice.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 45, 48 CODE OF CIVIL PROCEDURE, Arts. 26
p.000061: Art. 267.- Procedure.- The summary procedure that guarantees the contradiction will be applied to this action.
p.000061: procedural, due process guarantees and the right to effective judicial protection.
p.000061: Chapter IV Legal proceedings
p.000061: First Section
p.000061: Special rules for the investigation of the Police and the Technical Office
p.000061: Art. 268.- Investigation.- This Code regulates the investigation of the Police and the Technical Office for Children and the
p.000061: Adolescence for the substantiation of research aimed at:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 71
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p.000061: 1. Locate children and adolescents deprived of their family environment, presumably lost, disappeared or
p.000061: plagiarized; and,
p.000061: 2. Identify and locate the places of residence of the father, mother or relatives within the third
p.000061: degree of consanguinity absent or missing of the child or adolescent.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 269.- Petition.- The official judge or at the request of any service entity, the mother, the
p.000061: father or relatives of the child or adolescent, as the case may be, will dictate a car in which they will have
p.000061: the corresponding investigation tending to identify and locate the child or adolescent, their parents and others
p.000061: relatives, as the case may be.
p.000061: The investigation will involve the Public Ministry, DINAPEN or other Police units
p.000061: Nacional and the Technical Office, who are required to submit monthly reports on activities
p.000061: carried out and their results.
p.000061: The Judge may request clarification, extensions or reform of the reports presented.
p.000061: Art. 270.- Reinsertion of the child or adolescent in their biological family. - If the investigation
p.000061: allow to locate the child or adolescent or identify the child or adolescent or identify the father, the
p.000061: mother or other relatives or persons responsible for the care of the child or adolescent, as the case may be, the Judge
p.000061: will order the reintegration to his family, without prejudice to other protection measures that may be necessary.
p.000061: If the investigation allowed to identify and locate relatives within the third degree of
p.000061: consanguinity of the child or adolescent, the Judge will call a hearing and appoint a guardian to assume their care and
p.000061: protection.
p.000061: If, from the qualification order, the terms stipulated in this Code for the deprivation of the
p.000061: parental authority or ninety days for the declaration of adoptability of the child or adolescent for the reasons
p.000061: first, third and fourth of article 158 of this Code and the reports of the investigation carried out do not allow
p.000061: determine, identify and locate the father, mother or both or the relatives within the referred degrees, the Judge
p.000061: declare the adoptability of a child or adolescent.
p.000061: To the demand of deprivation of parental authority for unjustified absence of the father, mother or both, according
p.000061: corresponds, a certified copy of the police and social investigation process and its omission must be accompanied
p.000061: is cause of nullity of the judgment.
p.000061: The Judge who is aware of the demand for the deprivation of parental authority, in the order to classify the claim, will
p.000061: record that it meets all the requirements of law.
p.000061: Matches:
...
p.000061: they are not imputable and neither are they responsible; therefore, they are not subject to judgment or
p.000061: socio - educational measures contemplated in this Code.
p.000061: If a boy or girl is surprised in cases that may be considered flagrancy according to the article
p.000061: 326, will be delivered to their legal representatives and, if they do not have them, to a service entity. It's prohibited
p.000061: his detention and preventive internment.
p.000061: When the need to take protective measures arises from the circumstances of the case, these will be taken
p.000061: respecting the conditions and requirements of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000061: Art. 308.- Principle of legality.- Adolescents may only be tried for acts considered
p.000061: as crimes by the Organic Comprehensive Criminal Code prior to the fact attributed to it and according to the
p.000061: procedure established in this Code.
p.000061: No action will be taken if there are causes of blame or causes of disclaimer.
p.000061: The application, execution and control of socio-educational measures will comply with the provisions of this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 309.- Objectives of the investigation and the determination of responsibility.- The trial process,
p.000061: in addition to establishing the degree of participation of the adolescent in the fact of which he is accused, it aims to
p.000061: investigate the circumstances of the event, the adolescent's personality and behavior, and the family and social environment in
p.000061: which is developed, so that the Judge can, according to the rules established in this Code, apply the
p.000061: the most appropriate socio-educational measure to strengthen the adolescent's respect for human rights and
p.000061: fundamental freedoms of third parties, promoting the reintegration of the adolescent and that he assumes a role
p.000061: constructive in society.
p.000061: Art. 310.- Responsibility of adolescents from indigenous communities.- Judgment and application
p.000061: of socio-educational measures for adolescent offenders belonging to communities
p.000061: indigenous, for acts committed in their communities, shall comply with the provisions of this Code.
p.000061: TITLE II
p.000061: OF THE RIGHTS AND GUARANTEES IN THE JUDGMENT
p.000061: Art. 311.- Presumption of innocence.- The innocence of the adolescent is presumed and will be treated as such until the
p.000061: has established in accordance with law, in an enforced resolution, the existence of the punishable act and its responsibility
p.000061: at.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 79
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 312.- Right to be informed.- Every adolescent investigated, detained or questioned has the right to
p.000061: be informed immediately, personally and in their mother tongue, or through sign language if there is a deficiency
p.000061: In communication:
p.000061: 1. On the reasons for the investigation, interrogation, arrest, the authority that ordered them, the
p.000061: identity of those who investigate, interrogate or detain him and the actions initiated against him; and,
p.000061: 2. About your right to remain silent, to request the presence of a lawyer and to communicate
p.000061: with a family member or with anyone you indicate.
p.000061: The adolescent will have the free assistance of an interpreter, if he does not understand or speak the
p.000061: language used.
p.000061: In all cases, the legal representatives of the investigated, questioned or detained, will be informed of
p.000061: righ now.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 77
p.000061: Art. 313.- Right to defense.- The adolescent has the right to an adequate professional defense during all
p.000061: instances of the process. When you do not have a private defender, you will be assigned, within a period of
p.000061: twenty-four hours, a specialized public defender, who will assume the case within twenty-four hours
p.000061: following notification of your assignment.
p.000061: The lack of defender will cause the nullity of everything acted in defenselessness.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 314.- Right to be heard and question.- At all stages of the process, the adolescent subjected to trial
p.000061: you have the right:
p.000061: 1. Free and complete access to documents and parts of the process;
p.000061: 2. To be heard in any instance of the process; and,
p.000061: 3. To question directly or through their defense attorney and orally, the witnesses and experts, who will be
p.000061: obliged to appear before the judge for this purpose.
p.000061: The adolescent may be heard and questioned by sign language in case of hearing impairment.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 315.- Procedural speed. - Judges, Prosecutors for Teenage Offenders, public or private defenders and
p.000061: the Technical Office of the Administration of Justice must promptly promote the actions
p.000061: judicial. Those who unduly delay the process followed against a teenager, will be sanctioned in the form
p.000061: provided for in this Code, without prejudice to the penalties provided for in other laws.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 80
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 99
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 253, 254 CONSTITUTION
p.000061: OF THE REPUBLIC OF ECUADOR, Arts. 169
p.000061: Art. 316.- Right to be instructed on procedural actions.- The adolescent has the right to be instructed with
p.000061: clarity and precision by its defender, the Prosecutor, the team, the Technical Office and especially by the Judge,
p.000061: about the meaning, objectives and consequences of each of the actions and steps of the process.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 75, 77
p.000061: Art. 317.- Reservation guarantee.- The adolescent's private life and privacy will be respected in all instances of the
p.000061: process. The causes in which a teenager is involved will be processed confidentially. To their audiences only
p.000061: In addition to the judicial officials ordered by the Judge, the Teenage Prosecutor may attend
p.000061: Offenders, advocates, the adolescent, their legal representatives, and a family member or a trusted person,
p.000061: if so requested by the adolescent. The other persons who must intervene as witnesses or experts will remain in
p.000061: hearings the time strictly necessary to render their testimonies and reports and respond to
p.000061: interrogation of the parties.
p.000061: Any form of information dissemination that makes it possible to identify the adolescent or
p.000061: their families. Natural or legal persons who contravene the provisions of this article will be sanctioned in
p.000061: the form provided in this Code and other laws.
p.000061: Judicial, administrative and police officials will maintain secrecy and confidentiality about
p.000061: the criminal and police records of the adolescent offenders, who upon release have the right to
p.000061: have your file closed and destroyed. The original sentence or certified copy of it will be kept
p.000061: to keep a record for statistical purposes, for a possible filing of the appeal for review.
p.000061: With the exception of adolescents sentenced for crimes with a custodial sentence of more than ten years, the
p.000061: A criminal record certificate will not contain records of infractions committed while the person was
p.000061: Teen. Whoever does it will be subject to the sanctions of the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 251 CONSTITUTION OF
p.000061: THE REPUBLIC OF ECUADOR, Arts. 66
p.000061: Art. 318.- Guarantees of due process and challenge.- They are recognized in favor of the adolescent
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 81
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: all the guarantees of due process have been tried.
p.000061: The judicial resolutions are challengeable before the superior and the socio-educational measures applied
p.000061: are subject to revision, in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 319.- Proportionality guarantees.- The offending adolescent is guaranteed the due
p.000061: proportionality between the attributed offense and the socio-educational measure applied.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 320.- Judged thing.- Any form of termination of the process prevents a new
p.000061: investigation or prosecution for the same fact, even if its legal qualification is modified or known
p.000061: new circumstances. Consequently, no adolescent may be tried more than once for the same cause.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 321.- Exceptional deprivation of liberty:
p.000061: The deprivation of freedom of the adolescent will only be ordered as a last resort, by written order of the Judge
p.000061: competent, in cases, for time and with the formalities prescribed by law. The internment
...
p.000061: preventively or complying with a measure of deprivation of liberty, will do so in centers
p.000061: specialists who ensure their separation from adults also detained.
p.000061: TITLE III
p.000061: OF PRECAUTIONARY MEASURES
p.000061: Art. 323.- Object.- Precautionary measures are intended to ensure the adolescent's immediacy with the process and
p.000061: your eventual civil liability or that of your representative. These measures are of restrictive application. It's prohibited
p.000061: impose precautionary measures not provided for in this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 324.- Precautionary measures of a personal nature.- The Judge may order the following precautionary measures
p.000061: of a personal nature:
p.000061: 1. The adolescent's permanence in his own home, with the vigilance that the Judge provides;
p.000061: 2. The obligation to submit to the care of a care person or entity, who will inform
p.000061: regularly to the judge about the adolescent's behavior;
p.000061: 3. The obligation to appear before the Judge with the periodicity that the latter orders;
p.000061: 4. The prohibition to be absent from the country or town indicated by the Judge;
p.000061: 5. The prohibition to attend the places or meetings determined by the Judge;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 82
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 6. The prohibition to communicate with certain people that the Judge indicates, provided that this does not affect their right to
p.000061: family environment and adequate defense; and,
p.000061: 7. Deprivation of liberty, in the exceptional cases indicated in the following articles.
p.000061: Art. 325.- Conditions for the precautionary measure of deprivation of liberty.- To ensure immediate
p.000061: of the adolescent with the process, he may proceed to his detention or his preventive internment, with attachment to
p.000061: the following rules:
p.000061: 1. Detention only proceeds in the cases of articles 328 and 329, by written and motivated order of a competent judge;
p.000061: 2. Adolescents deprived of liberty will be taken to adolescent detention centers
p.000061: offenders who guarantee their safety, well-being and rehabilitation;
p.000061: 3. Any form of solitary confinement for a teenager deprived of liberty is prohibited; and,
p.000061: 4. In any case of deprivation of liberty, the age of the person affected must be verified and, in cases of doubt, it will be applied
p.000061: the presumption of article 5 and will be subject to the provisions of this Code until said presumption is destroyed
p.000061: according to law.
p.000061: The official who contravenes the provisions of this article will be removed from office by the
p.000061: corresponding authority.
p.000061: Art. 326.- Reasons for apprehension.- Police officers and anyone can apprehend a teenager:
p.000061: a) When he is caught in flagrant infraction of public action. There is flagrancy when it is apprehended
...
p.000061: keep. It may refer to the repair, restitution or compensation of the damages caused; realization or
p.000061: abstention from certain conduct; and, provision of services to the community.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 89
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: It will proceed in the same cases of conciliation.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-B.- Request. At any time until before the conclusion of the instruction stage, any subject
p.000061: procedural may request the judge, submit the case to mediation. Once accepted, the judge will refer a center
p.000061: specialized mediation.
p.000061: Parents, legal representatives, or caregivers of the adolescent will participate in the mediation
p.000061: together with the procedural subjects.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-C.- General rules. Mediation will be governed by the following rules:
p.000061: 1. Existence of free, informed and vice-free consent by the victim and the
p.000061: express, free and voluntary acceptance of the adolescent.
p.000061: 2. If there is a plurality of adolescents or victims, the process will continue with respect to those who do not attend the
p.000061: agreement.
p.000061: 3. In case of not reaching an agreement, the statements made at the mediation hearing will have no value
p.000061: any evidence.
p.000061: 4. The Judicial Council will keep a quantitative and personal record of the adolescent and their
p.000061: family, which will record the cases that are subject to mediation and the results of the
p.000061: same.
p.000061: 5. The mediation will be in charge of specialized mediators accredited by the Judicial Council.
p.000061: 6. The Judicial Council will organize mediation centers for adolescent matters.
p.000061: 7. Notifications will be made at the court, electronic court address or by email
p.000061: indicated by the procedural subjects.
p.000061: 8. The mediation record will be sent to the judge who referred the case to the respective mediation center.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-D.- Effects of mediation. Once the agreement is fulfilled, the judge will declare the criminal action extinguished. In
p.000061: In case of non-compliance, the initial process will continue.
p.000061: The terms of the agreement will not be imputed for the calculation of the prescription of the exercise of the action.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 349.- Suspension of the trial process. The prosecutor, even at the evaluation hearing and
p.000061: preparatory trial, may propose the suspension of the trial process, if the
p.000061: consent of the adolescent and these are crimes punishable by imprisonment of up to ten years.
p.000061: Once the petition is presented, the judge will call a hearing and if the victim attends, it will be heard. The presence of
p.000061: Adolescent advocate is a validity requirement.
p.000061: The suspension period of the trial process, is not imputed for the computation of the prescription of the action.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 90
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 349-A.- Suspension order.- The suspension order of the trial process will contain:
p.000061: 1. The detailed relationship of the facts and the determination of the criminal type.
p.000061: 2. The socio-educational measure of orientation and psycho-family partner support.
p.000061: 3. The repair of the damage caused, if applicable.
p.000061: 4. The conditions or terms of the agreed obligations, which cannot be less than a quarter of the time of
p.000061: the possible measure to be applied in case of being responsible for the crime and will never be greater than a third of the
p.000061: same.
p.000061: 5. The name of the institution responsible for providing psycho-family counseling or support and the reasons why
p.000061: justify.
p.000061: 6. The adolescent's obligation to inform the prosecutor of changes in the residence, workplace or educational center.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 350.- Fulfillment of the agreed obligations.- If the adolescent fulfills the obligations
p.000061: agreed, the Prosecutor will request the Judge to file the case, otherwise he will request that the process of
p.000061: judgment.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 351.- Referral with judicial authorization. It is possible to refer in the infractions sanctioned with penalties
p.000061: deprivation of liberty of up to five years, when the following requirements are met:
p.000061: 1. That the adolescent's consent is available.
p.000061: 2. That the adolescent has not been imposed a socio-educational measure or previous remission for a crime of equal or
p.000061: increased severity.
p.000061: For the referral, the adolescent will be taken to any psycho-family counseling and support program,
p.000061: community services or assisted freedom.
p.000061: The referral does not imply the recognition of the infraction by the adolescent and extinguishes the
p.000061: process as long as the program is fully complied with.
p.000061: The judge may grant the referral of the case at the request of the prosecutor or the adolescent. The petition will be proposed in the
p.000061: evaluation hearing and trial preparation. If the victim attends the hearing, they will be heard by
p.000061: the judge.
p.000061: The order granting the referral will contain the detailed account of the facts and the grounds
p.000061: legal; the determination of the orientation program to which he is sent and its duration.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 91
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 352.- Tax remission. If the investigated infringement is one of those sanctioned with a custodial sentence of
p.000061: up to two years and if the victim has been remedied for the damages resulting from the offense, the prosecutor
p.000061: may declare the referral of the case and archive the file.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
...
p.000061: THE PARTNER - EDUCATIONAL MEASURES
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 97
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Title with its chapters and articles from 369 to 386 repealed by Law No. 0, published in
p.000061: Official Record Supplement 180 of February 10, 2014.
p.000061: BOOK FIVE
p.000061: SOCIO-EDUCATIONAL MEASURES
p.000061: Note: Book added by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.000061: TITLE I
p.000061: SOCIO-EDUCATIONAL MEASURES
p.000061: CHAPTER I COMMON PROVISIONS
p.000061: Note: Title with its chapters and articles added by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 370.- Scope.- The regime of socio-educational measures imposed on adolescents is applied by committing
p.000061: of criminal offenses typified in the Organic Comprehensive Criminal Code in accordance with article 319
p.000061: of this code.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 371.- Purpose of the socio-educational measures.- The socio-educational measures are intended to
p.000061: protection and development of adolescent offenders, guarantee their education, family integration and
p.000061: constructive inclusion to society, as well as promoting the exercise of the other rights of the
p.000061: person in accordance with the Constitution, international instruments ratified by Ecuador and this
p.000061: Book.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 372.- Classes of socio-educational measures.- The socio-educational measures are:
p.000061: 1. Deprivation of liberty.
p.000061: 2. Not custodial.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 373.- Appreciation of age.- For the imposition of socio-educational measures, the
p.000061: age of the adolescent at the date of the offense.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 374.- Competent authority.- Judges specialized in offending adolescents are competent
p.000061: for the jurisdictional control of the execution of the socio-educational measures that are applied.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 375.- Assistance after the fulfillment of the socio-educational measure.- The State through
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 98
...
p.000061: articulation of public and private entities necessary for the proper functioning of the Centers of
p.000061: offending adolescents and Zonal development units for offending adolescents, to guarantee the
p.000061: fulfillment of the purposes of socio-educational measures and the exercise and protection of the human rights of
p.000061: adolescents and the rights guaranteed in the Constitution of the Republic.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: CHAPTER III
p.000061: SOCIO-EDUCATIONAL MEASURES NON-PRIVATIVE AND PRIVATIVE OF FREEDOM
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014
p.002014: Art. 378.- Non-custodial socio-educational measures.- Non-custodial socio-educational measures
p.002014: freedom that can be imposed are:
p.002014: 1. Warning: it is a verbal attention call made directly by the judge, to the adolescent; already
p.002014: their parents or legal representatives or those responsible for their care so that the illegality of the actions is understood.
p.002014: 2. Imposition of rules of conduct: it is the fulfillment of certain obligations and
p.002014: restrictions so that the illegality of the actions is understood and the behavior of each adolescent is modified, to
p.002014: in order to achieve integration into their family and social environment.
p.002014: 3. Orientation and psycho-family partner support: it is the obligation of the adolescent and his parents,
p.002014: legal representatives or those responsible for your care, to participate in family counseling and support programs to
p.002014: achieve adolescent adaptation to their family and social environment.
p.002014: CODE OF CHILDHOOD AND ADOLESCENCE - Page 99
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 4. Service to the community: they are concrete activities of community benefit imposed by the judge,
p.002014: so that the adolescent can carry them out without undermining their integrity and dignity, or affecting their
p.002014: academic or work obligations, taking into account their age, aptitudes, abilities and skills,
p.002014: and the socio-educational benefit they report.
p.002014: 5. Assisted freedom: is the state of freedom conditioned on compliance with guidelines and restrictions
p.002014: of conduct set by the judge, subject to guidance, assistance, supervision and evaluation,
p.002014: forcing the adolescent to comply with educational programs, receive orientation and follow-up, with the
p.002014: assistance from specialists and people with knowledge or skills in the treatment of adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Jurisprudence:
p.002014: Judicial Gazette, TRIAL FOR QUALIFIED THEFT, Apr 26, 2012
p.002014: Art. 379.- Socio-educational measures depriving liberty.- The socio-educational measures depriving liberty are:
p.002014: 1. Home internment: it is the partial restriction of freedom by which the adolescent does not
p.002014: You can leave your home, except to attend the establishment of studies, health and work.
p.002014: 2. Weekend confinement: is the partial restriction of liberty by virtue of which the
p.002014: adolescent will be required to attend weekends at the Center for Teenage Offenders, allowing him
p.002014: maintain family relationships and normally go to the establishment of studies or work.
p.002014: 3. Internment with a semi-open regime: it is the partial restriction of freedom by which the
p.002014: adolescent enters a center for offending adolescents, without impeding their right to attend
p.002014: usually to the study or work establishment.
p.002014: 4. Institutional Internment: it is the total deprivation of the freedom of the adolescent, who enters a Center of
p.002014: Teenage offenders, without prejudice to the application of the programs established for their treatment.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Jurisprudence:
p.002014: Judicial Gazette, INJURIES, Mar 29, 2012 Judicial Gazette, MURDER, Apr 2, 2012
p.002014: Judicial Gazette, QUALIFIED THEFT, Nov 26, 2012
p.002014: CHAPTER IV
p.002014: REGIMES FOR THE EXECUTION OF SOCIO-EDUCATIONAL MEASURES PRIVATIVE OF FREEDOM
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 380.- Regimes of execution of the socio-educational measure of Institutional Internment.- The execution of the
p.002014: Socio-educational measure of institutional internment, will be carried out under the following regimes:
p.002014: 1. Closed.
p.002014: 2. Half open.
p.002014: 3. Open.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 100
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: An adolescent may move from one regime to another, by order of the judge, due to compliance
p.002014: progressive individualized plan of application of the socio-educational measure, the number of absences
p.002014: disciplinary committed, and the time completed of the socio-educational measure, in accordance with the requirements
p.002014: established in this Code.
p.002014: In the aforementioned regimes, the individual plan for applying the measure will be drawn up
p.002014: socio-educational and its execution, in the closed and semi-open regimes its location will also be regulated
p.002014: population.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 381.- Closed regime.- Consists of the full-time placement of the offending adolescent in a
p.002014: Center for the fulfillment of the deprivation of liberty socio-educational measure.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 382.- Semi-open regime.- Consists of the execution of the socio-educational measure in a Teen Center
p.002014: offenders, with the possibility of being absent for reasons of education or work. In addition, activities of
p.002014: family, social and community insertion.
p.002014: In case of non-compliance with the regime, the adolescent will be declared a fugitive.
p.002014: If sixty percent of the imposed socio-educational measure is met, the detention may be modified
p.002014: Institutional closed for the internment with semi-open regime or weekend internment.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 383.- Open regime.- It is the period of social inclusion in which the adolescent will coexist in their social environment
p.002014: in which the adolescent will live in his family and social environment supervised by the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: This regime can be revoked by the judge, at the request of the Center Coordinator when there is reason for it, in
p.002014: consideration of technical team reports.
p.002014: In case of breach of this regime without sufficient and proven justification, in addition to the revocation of
p.002014: This benefit, the judge, at the request of the Center Coordinator, may declare the adolescent a fugitive.
p.002014: To access this regime, compliance with eighty percent of the measure is required
p.002014: socio-educational. At this stage the adolescent will appear periodically before the judge.
p.002014: Adolescents who run away from a center for offending adolescents will not be able to access this regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Article 384.- Application of socio-educational measures in contraventions.- For cases of
p.002014: contraventions, the warning measure will be applied to the adolescent and the parents' attention call and one or more of
p.002014: the following measures:
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p.002014: a) Imposition of rules of conduct from one to three months.
p.002014: b) Orientation and psycho-family partner support from one to three months.
p.002014: c) Community services of up to one hundred hours.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 385.- Application of socio-educational measures in crimes sanctioned in the Comprehensive Organic Penal Code.
p.002014: The socio-educational measures applicable to crimes sanctioned in the Comprehensive Organic Penal Code are:
p.002014: 1. For cases of crimes punishable by a custodial sentence of more than one month to five years, the
p.002014: the warning measure and one or more of the following measures:
p.002014: a) Imposition of rules of conduct from one to six months.
p.002014: b) Orientation and psycho-family partner support from three to six months.
p.002014: c) Community services from one to six months.
p.002014: d) Freedom from three months to one year.
p.002014: e) Home stay from three months to one year.
p.002014: f) Internment for a weekend of one to six months.
p.002014: g) Hospitalization with a semi-open regime of three months to one year.
p.002014: 2. For cases of crimes punishable by a custodial sentence of more than five years and up to ten years,
p.002014: The warning measure and one of the following measures will apply:
p.002014: a) Home stay from six months to one year.
p.002014: b) Weekend internment from six months to one year.
p.002014: c) Internment with a semi-open regime of six months to two years.
p.002014: d) Institutional internment from one to four years.
p.002014: 3. For cases of crimes punished with a custodial sentence of more than ten years,
p.002014: The measure of reprimand and institutional confinement will apply for four to eight years.
p.002014: Additionally, and six months before the conclusion of this socio-educational measure, an evaluation will be carried out
p.002014: comprehensive that will determine the need for monitoring and control for up to two years after
p.002014: compliance with the measure.
p.002014: For cases of crimes against sexual and reproductive integrity, the specialized judge in
p.002014: Teenage offenders will also impose the obligation for the adolescent to attend sex education programs,
p.002014: within the treatment of socio-educational measures.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 386.- Request to apply or modify the execution regimes.- The judge
p.002014: specialized in adolescent offenders will process the application or modification request in a hearing
p.002014: of the regime of execution of the socio-educational measure of internment.
p.002014: The modification is applied after the presentation of the reports issued by the technical team of the
p.002014: Teenage offenders where he is complying with the measure.
p.002014: The request will be submitted by the offending adolescent, their public or private defender or by the
p.002014: Coordinator of the Center, if it meets the scheduled time for each execution regime.
p.002014: The adolescent, his legal representatives or those responsible for his care and his
p.002014: public or private defender.
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p.002014: The Center Coordinator, based on the motivated reports of the technical team, may request the Judge to
p.002014: revocation of a modification granted. Before deciding, the Judge will listen to the adolescent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 387.- Non-compliance with socio-educational measures.- In case of non-compliance with the socio-educational measures of
p.002014: imposition of rules of conduct, counseling and psycho-family partner support or community service, the
p.002014: Judge will impose the measure of assisted liberty or home confinement for the remaining time of the
p.002014: initial measure.
p.002014: In case of non-compliance with the socio-educational measures of assisted freedom, home internment,
p.002014: weekend internment and semi-open internment, the judge will impose the measure
p.002014: immediately superior socio-educational for the remaining time of the initial measurement.
p.002014: When the teenager runs away from the establishment, he will be prosecuted for the crime of evasion, without prejudice
p.002014: that when apprehended again the missing time of the initial measure will be fulfilled.
p.002014: The Coordinator will present to the judge the reports of non-compliance with the measure, issued by the technical team of the
p.002014: Center for adolescent offenders or the zonal Unit for the comprehensive development of adolescent offenders, who then
p.002014: if this non-compliance is duly verified for reasons attributable to the adolescent, the superior measure will be imposed.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 388.- Continuity of compliance with socio-educational measures for adults.
...
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 390.- Comprehensive care model.- Socio-educational measures must be progressively fulfilled according to the
p.002014: individualized program and the guidelines of the comprehensive care model provided by the Regulations issued
p.002014: for its effect.
p.002014: The comprehensive care model is developed on five axes:
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p.002014: 1. Self-esteem and autonomy: Awareness of responsibility for their actions, their human development will be promoted
p.002014: comprehensive and respect for the Law.
p.002014: 2. Education: constant learning will be encouraged, for which the entrance, re-entry and permanence in the
p.002014: the educational system, so that the use of free time will be aimed at pedagogical use
p.002014: educational.
p.002014: 3. Comprehensive health: there will be a comprehensive medical and clinical history. Constant checks will be made for the
p.002014: timely detection of possible diseases and provide preventive and curative health in addition to programs
p.002014: help, orientation and treatment in case of addictions and others.
p.002014: 4. Occupational work: To guarantee quality training that enables the older adolescent
p.002014: of fifteen years develop skills for insertion in the labor market, generating strategies of
p.002014: micro entrepreneurship, training activities will be implemented in different areas.
p.002014: 5. Family or affective ties: To promote the constant bond that benefits family and social reintegration
p.002014: activities will be planned to recover, build, maintain and strengthen the family ties of the
p.002014: adolescent with his family of origin or with those people who created bonds of affection and who are a reference for his
p.002014: lifetime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: TITLE II
p.002014: ADOLESCENT ADOLESCENT CENTERS AND ZONE UNITS FOR INTEGRAL DEVELOPMENT
p.002014: Note: Title added by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: Art. 391.- Instances responsible for compliance with socio-educational measures.- The measures
p.002014: socio-educational is fulfilled in:
p.002014: 1. Teenage offender centers, in which adolescents who have been imposed measures remain
p.002014: precautionary or socio-educational measures involving deprivation of liberty.
p.002014: 2. Zonal units of integral development of adolescent offenders, in which attention is given to those who
p.002014: It imposes on them a socio-educational measure that is not custodial. These units will be in charge of analyzing the
p.002014: adolescent's situation, selecting and assigning the private or public institution that has the program,
p.002014: professionals and necessary equipment that ensures the execution of the non-custodial socio-educational measure.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 392.- Compulsory registration of the offending adolescents.- In the adolescent Centers
p.002014: offenders and in the zonal units of comprehensive development of young offenders, a record of
...
p.002014: obligation to report this fact to the prosecution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 396.- Internal and external security of the centers of offending adolescents.- Internal security and
p.002014: external of the centers of deprivation of liberty of adolescents, will be the responsibility of the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: External security will be the responsibility of the specialized Police for Children and Adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 397.- Supervision and surveillance.- The specialized personnel responsible for the custody of the
p.002014: adolescents within the Centers and in the transfer, must guarantee their physical integrity, as well as
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 105
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p.002014: the safety of the centers and of the people who are in them.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 398.- Transfer.- The Coordinator, the adolescent, his legal representative, curator or person in charge of his care,
p.002014: You can request the Ministry in charge of justice and human rights matters to transfer you to the following
p.002014: cases:
p.002014: 1. Family closeness.
p.002014: 2. Suffering from one or more diseases for which the adolescent is in danger of death.
p.002014: 3. Need for specialized treatment, as a security measure, for a mental disorder, for which it will certify
p.002014: a psychiatrist with his report.
p.002014: 4. Teen or center safety.
p.002014: 5. Overcrowded conditions.
p.002014: Only the adolescent can appeal the transfer decision ordered by the Ministry in charge of the affairs of
p.002014: justice and human rights or their refusal, before the judge of offending adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 399.- Security criteria in the centers of offending adolescents.- The security criteria
p.002014: that are applied in the centers of adolescent offenders are:
p.002014: 1. The discipline based on training programs aimed at developing the skills of the
p.002014: adolescent, enrich their knowledge, improve their technical, professional or occupational skills and
p.002014: make up for its shortcomings.
p.002014: 2. The adolescent's stay in a harmonious place free of coercive measures, always oriented towards
p.002014: family support and therapeutic social care.
p.002014: 3. Education, through compulsory schooling, educational options, physical culture and
p.002014: general instruction and sociocultural and sports activities.
p.002014: 4. Integral health and permanent treatment.
p.002014: 5. The visiting regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER I
p.002014: THE TREATMENT
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 400.- Individual plan of application of the socio-educational measure.- For adolescents at liberty
p.002014: assisted, home hospitalization, weekend hospitalization, hospitalization with semi-open regime and
p.002014: institutional internment, individual plans of application of the socio-educational measure will be elaborated and executed,
p.002014: in accordance with the respective Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 401.- Programs.- The programs carried out in the centers will be framed in the following categories:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 106
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p.002014: 1. Education program that includes basic and higher, formal and informal instruction that contributes to the development of
p.002014: motor, psycho-affective and cognitive learning abilities and skills, in order to guarantee their access and
p.002014: permanence to the educational system.
p.002014: 2. Program to reduce violence and sexual assault.
p.002014: 3. Physical culture and sports program.
p.002014: 4. Cultural and artistic program.
p.002014: 5. Physical, sexual and mental health program.
p.002014: 6. Program of labor, productive and community service activities.
p.002014: 7. Crafts and plastic arts program.
p.002014: 8. Program that strengthens family ties.
p.002014: 9. Participation and human rights program.
p.002014: 10. Agricultural promotion and development program.
p.002014: 11. Programs and projects approved by the Ministry in charge of justice and rights affairs
p.002014: humans.
p.002014: 12. Others determined by the Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 402.- Record of program activities.- Each Center will keep a record of activities that the adolescent
p.002014: It is complying and its progress in them, according to its individualized program of
p.002014: application of the socio-educational measure, which will include the reports of the technical team, the
p.002014: comprehensive development evaluation, results, observations and recommendations that
p.002014: presented quarterly to the entity in charge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 403.- The adolescent's discharge from the center.- The approximate date of the adolescent's discharge is informed to their
p.002014: relatives, representatives or persons in charge of their care and the competent judge.
p.002014: In order for the adolescent to continue with the training or education received during their
p.002014: stay in the center, you must be informed of the educational or training options in which
p.002014: You can be released.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 404.- Control and discipline measures.- The Center Coordinator, after the due observance
p.002014: process and the report of the technical team, will provide the application of control and discipline measures
p.002014: provided in the respective regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 405.- Assistance to the sanctioned adolescent.- The adolescent will be attended periodically by the services
p.002014: doctors, psychology, social work and education, who will monitor their evolution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 406.- Offenses that entail presumptions of criminal responsibility.- In the event that the offenses committed by the
p.002014: adolescents in the centers carry serious presumptions of criminal responsibility, the Center Coordinator
p.002014: will notify the Prosecutor's Office.
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p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER II VISITATION REGIME
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 407.- Family and social relations.- In order to strengthen or reestablish relations with the
p.002014: family and community, a visiting regime will be guaranteed for the adolescent deprived of liberty.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 408.- Authorized visits.- Teenage offenders deprived of liberty have the right to
p.002014: maintain contact and receive visits. They can refuse to receive certain visits, for which
p.002014: They will deliver to the administration of the Center a list of people not authorized to visit it, which can be
p.002014: modified at verbal request.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 409.- Characteristics of the visiting regime.- Visits will be carried out in an atmosphere that
p.002014: allow privacy and intimacy and be consistent with human dignity, in places and conditions that guarantee the
p.002014: center security.
p.002014: This right will be exercised in equal conditions, without any type of discrimination.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 410.- Visiting hours.- Adolescents receive visits according to the schedule
p.002014: established in the respective Regulation. Visiting in the night hours is prohibited.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 411.- Prohibited objects.- The entry of all kinds of weapons, alcohol and scheduled substances is prohibited.
p.002014: subject to control, telephones or communication equipment or any other instrument that
p.002014: attempt against the security and peace of the Center. Any person who is discovered entering with such objects
...
p.002014: responsible for economic and social inclusion issues will supervise and evaluate compliance with the
p.002014: provided in the previous article.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 111
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.002014: Note: Article renumbered by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: Art. 426.- Derogatory.- The following bodies and legal provisions are repealed:
p.002014: 1. The Minors Code: Law 170.PCL.RO-S 995 of August 7, 1992; and other regulatory regulations derived from
p.002014: referred Code.
p.002014: 2. The General Regulation to the Minors Code: DE 2766.RO 711 of June 7, 1995.
p.002014: Note: Article renumbered by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: TRANSITORY DISPOSITIONS
p.002014: First.- Those who hold the positions of Judge Ministers of the National Juvenile Court and District Courts
p.002014: Minors will become part of the Judicial Function, whose headquarters will be the city in which they
p.002014: exercised jurisdiction, within a period of sixty days, in accordance with the provisions of the National Council of the
p.002014: Judiciary.
p.002014: Second.- Those who are exercising the positions of Presidents of the Juvenile Courts will go to
p.002014: occupy the positions of Judges of Childhood and Adolescence, within a maximum period of sixty days, for which purpose, in the form
p.002014: prior, the National Council of the Judiciary will distribute according to the needs of each
p.002014: territorial jurisdiction, being able to resolve the creation of new courts for Children and Adolescents, the
p.002014: of Family, Childhood and Adolescence Courts, or the determination of the civil judges that will go to
p.002014: fulfill functions of Judges of the Family, Childhood or Adolescence.
p.002014: Jurisprudence:
p.002014: Judicial Gazette, COURT OF MINORS, Jul 11, 1921
p.002014: Third.- The medical and educational members of the Juvenile Courts and the District Courts, as well as
p.002014: the technical team of the Judicial Social Service for Minors will become part of the Office
p.002014: Technique, auxiliary body of the Childhood and Adolescence Judges, within a maximum period of sixty days.
p.002014: These may also be an auxiliary body of the Judges for Children and Adolescents in places where the
p.002014: National Council of the Judiciary expressly establishes it. These people will receive the same wages and
p.002014: remuneration than those who exercise equivalent functions in the Judicial Function, in no case,
p.002014: those will be less than those they had been receiving.
p.002014: Fourth.- The other officials, employees, servers and administrative workers that currently
p.002014: provide their services in the Juvenile Judicial Service, they will become part of the Children's Courts and
p.002014: Adolescence and technical offices according to the distribution made by the National Council of the Judiciary
p.002014: within a maximum period of sixty days; in the same way they will receive the same remuneration as their peers of the Function
p.002014: Judicial.
p.002014: Fifth.- The aforementioned charges will be subject to what is prescribed in the Organic Law of the Function
p.002014: Judicial and other applicable legal norms. The National Council of the Judiciary, when carrying out the
p.002014: assignment and distribution of these positions, will ensure that the people who held them, under the new structure
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p.000069: quality and opportunity and that the right of parents to choose the education that is guaranteed is also guaranteed
p.000069: the more it suits your sons and your daughters.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 28, 45, 66
p.000069: Art. 38.- Objectives of education programs.- Basic and secondary education will ensure knowledge, values ​​and
p.000069: indispensable attitudes for:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 9
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: a) To develop the personality, the aptitudes and the mental and physical capacity of the boy, girl and
p.000069: adolescent to his full potential, in a playful and emotional environment;
p.000069: b) Promote and practice peace, respect for human rights and fundamental freedoms, non-discrimination,
p.000069: tolerance, valuation of diversities, participation, dialogue, autonomy and cooperation;
p.000069: c) Exercise, defend, promote and disseminate the rights of children and adolescents;
p.000069: d) Prepare him to exercise a responsible citizenship, in a free, democratic and solidary society;
p.000069: e) Guide him on the role and responsibility of the family, the equity of his internal relationships, fatherhood and
p.000069: responsible motherhood and health preservation;
p.000069: f) Strengthen respect for their parents and teachers, for their own cultural identity, their language, their values, for
p.000069: national values ​​and those of other peoples and cultures;
p.000069: g) To develop autonomous, critical and creative thinking;
p.000069: h) Training for productive work and for the management of scientific and technical knowledge;
p.000069: and,
p.000069: i) Respect for the environment.
p.000069: Art. 39.- Rights and duties of parents in relation to the right to education.- They are rights and
p.000069: Duties of parents and other responsible for children and adolescents:
p.000069: 1. Enroll them in educational establishments;
p.000069: 2. Select for your children an education according to their principles and beliefs;
p.000069: 3. Actively participate in the development of educational processes;
p.000069: 4. Control the attendance of their sons, daughters or those represented at educational establishments;
p.000069: 5. Actively participate to improve the quality of education;
p.000069: 6. Ensure the maximum use of the educational means provided by the State and society;
...
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p.000069: 3. Instill values ​​compatible with respect for the dignity of the human being and the development of social coexistence
p.000069: democratic, tolerant, solidary and participatory;
p.000069: 4. Incentivize in them the knowledge, conscience, exercise and defense of their rights,
p.000069: claim the protection of said rights and their restitution, if applicable;
p.000069: 5. Stimulate and guide their cultural formation and development;
p.000069: 6. Ensure their participation in the decisions of family life, according to their evolutionary degree;
p.000069: 7. Promote the practice of recreational activities that contribute to the family unit, their physical health
p.000069: and psychological;
p.000069: 8. Apply preventive measures compatible with the rights of the child and adolescent; and,
p.000069: 9. Comply with the other obligations indicated in this Code and more laws.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 268, 273, 278 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 103.- Fundamental duties of sons and daughters.- Sons and daughters must:
p.000069: 1. Maintain a responsible and respectful behavior that provides their parents with the appropriate
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
p.000069: in case of illness, during the elderly and when they have a disability that does not allow them
p.000069: fend for themselves; and,
p.000069: 3. Collaborate in household chores, according to their age and development, as long as they do not interfere with their activities
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
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p.000061: be declared suitable in accordance with the general rules.
p.000061: Art. 164.- Persons who must be heard for adoption.- In the administrative and judicial phases of the
p.000061: adoption must have the opinion of the child who is in a position to express it, and the adolescent in all
p.000061: the cases.
p.000061: The Judge will hear the relatives of the child or adolescent, the care entity involved and any person
p.000061: that can provide well-founded information on the inconvenience of the adoption or irregularities in the
p.000061: procedure used.
p.000061: Chapter II
p.000061: Administrative phase
p.000061: Art. 165.- Object of the administrative phase.- Every judicial adoption process will be preceded by a phase
p.000061: administrative which aims to:
p.000061: 1. Study and report on the physical, psychological, legal, family and social situation of the person who is going to
p.000061: be adopted
p.000061: 2. Declare the suitability of the candidates for adopters; and,
p.000061: 3. Assign, by administrative resolution, a family to a boy, girl or adolescent. This faculty
p.000061: it is exclusive to the corresponding Family Allowance Committee.
p.000061: Art. 166.- Prohibitions related to this phase.- It is prohibited:
p.000061: 1. The pre-allocation of a family to a child or adolescent, except in cases of difficult adoption,
p.000061: either due to illness, disability, age over 4 years or others duly justified; and,
p.000061: 2. The relationship of a child or adolescent before the legal declaration of adoptability, of the
p.000061: preparation, presentation and approval of the report on their physical, psychological, legal, family and social situation and
p.000061: of the declaration of suitability of the adopter.
p.000061: Officials of the Technical Adoption Unit, legal representatives or officials of the entities of
p.000061: Attention or the Judge, who breaches the prohibitions established in this article, will be sanctioned
p.000061: in accordance with this Code, without prejudice to administrative responsibilities,
p.000061: civil and criminal to which there may be.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000061: Art. 167.- Bodies in charge of the administrative phase.- Bodies in charge of the phase
p.000061: administrative are:
p.000061: 1. The Technical Adoption Units of the Ministry of Social Welfare; and,
p.000061: 2. The Family Allowance Committees.
p.000061: Art. 168.- Of the Technical Adoption Units.- Corresponds to the Technical Adoption Units:
p.000061: 1. Prepare or request and approve medical, psychological, legal, family and social reports related to the
p.000061: person to be adopted; and require any extensions or clarifications that are
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 47
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: necessary;
...
p.002014: that when apprehended again the missing time of the initial measure will be fulfilled.
p.002014: The Coordinator will present to the judge the reports of non-compliance with the measure, issued by the technical team of the
p.002014: Center for adolescent offenders or the zonal Unit for the comprehensive development of adolescent offenders, who then
p.002014: if this non-compliance is duly verified for reasons attributable to the adolescent, the superior measure will be imposed.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 388.- Continuity of compliance with socio-educational measures for adults.
p.002014: sentenced upon reaching the age of majority will continue with the imposed socio-educational measure. If it is a
p.002014: deprivation of liberty socio-educational measure, will remain in a special section in the same
p.002014: Teenage offenders.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 389.- Emerging exits.- The adolescent is guaranteed emergent exit from the center of
p.002014: institutional internment for:
p.002014: a) Receive specialized medical attention, when it cannot be provided at the center.
p.002014: b) Attend the burial of their ascendants or descendants in the first degree, their spouse or partner in common law, as well
p.002014: as if to visit them in their bed of serious illness.
p.002014: In these cases, the exits will be carried out under the supervision of the Specialized Police for Children and
p.002014: Adolescence, which will be responsible for returning the adolescent to the center, once the need has been met.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 390.- Comprehensive care model.- Socio-educational measures must be progressively fulfilled according to the
p.002014: individualized program and the guidelines of the comprehensive care model provided by the Regulations issued
p.002014: for its effect.
p.002014: The comprehensive care model is developed on five axes:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 103
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Self-esteem and autonomy: Awareness of responsibility for their actions, their human development will be promoted
p.002014: comprehensive and respect for the Law.
p.002014: 2. Education: constant learning will be encouraged, for which the entrance, re-entry and permanence in the
p.002014: the educational system, so that the use of free time will be aimed at pedagogical use
p.002014: educational.
p.002014: 3. Comprehensive health: there will be a comprehensive medical and clinical history. Constant checks will be made for the
p.002014: timely detection of possible diseases and provide preventive and curative health in addition to programs
p.002014: help, orientation and treatment in case of addictions and others.
...
Searching for indicator physically:
(return to top)
p.002014: 6. Comply with the legitimate instructions given by the officials of the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 416.- Disciplinary offenses.- Disciplinary offenses are classified as minor and serious and
p.002014: will sanction according to the respective regulation.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 417.- Minor offenses.- Adolescents who commit any of the
p.002014: following acts:
p.002014: 1. Put your own safety, that of other people or that of the center, at risk.
p.002014: 2. Disobeying orders and provisions of minimum affectation.
p.002014: 3. Not observing the order and discipline in activities that are carried out in the center.
p.002014: 4. Disobeying established schedules.
p.002014: 5. Interfere with the count of adolescents.
p.002014: 6. Remain and transit without authorization in places considered as security and administration areas of the
p.002014: center.
p.002014: 7. Neglecting the cleanliness of the room, sanitary services, workshops, classrooms, patios and the center in general.
p.002014: 8. Throw trash outside the established collection sites.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 109
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: Art. 418.- Serious offenses.- Adolescents who commit any of the following acts commit serious offenses:
p.002014: 1. Verbally or physically assaulting another person.
p.002014: 2. Destroy the facilities or assets of the centers.
p.002014: 3. Flatten the administrative offices of the center.
p.002014: 4. Violating the correspondence of any person.
p.002014: 5. Disobeying the security regulations of the center.
p.002014: 6. Cause minor injuries to anyone.
p.002014: 7. Participate in fights.
p.002014: 8. Hinder the requisitions that are carried out.
p.002014: 9. Throw dangerous objects.
p.002014: 10. Obstruct locks.
p.002014: 11. Make electrical, sanitary and drinking water connections that endanger the safety of the center or its
p.002014: occupants
p.002014: 12. Maintain illicit business within the centers.
p.002014: 13. Provoke collective disorders or instigate them.
p.002014: 14. Introduce and distribute in the center, objects that are not authorized by the authorities
p.002014: corresponding.
p.002014: 15. Cause damage or carry out activities to disable the center.
p.002014: 16. Threatening or coercing the life or integrity of any person.
p.002014: 17. Violently resist the fulfillment of legitimate orders of authority.
p.002014: 18. Possess instruments, tools or work utensils outside the work areas.
p.002014: 19. Refusing to go to court proceedings unjustifiably.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 419.- Sanctions.- Depending on the severity, the following sanctions will be imposed:
p.002014: 1. Warning.
p.002014: 2. Apology and repair of the damage caused in its entirety.
p.002014: 3. Restriction of external communications.
p.002014: 4. Restriction of phone calls.
p.002014: The determining criterion for graduating the sanction applicable to adolescents is the objective gravity of the fact.
...
Health / Pregnant
Searching for indicator pregnant:
(return to top)
p.000069: Art. 22.- Right to have a family and family coexistence.- Children and adolescents have the right to
p.000069: live and develop in your biological family. The State, society and the family must adopt as a priority
p.000069: appropriate measures that allow their permanence in said family.
p.000069: Exceptionally, when this is impossible or contrary to their best interests, children and adolescents
p.000069: they have the right to another family, in accordance with the law.
p.000069: In all cases, the family must provide them with a climate of affection and understanding that allows respect for their
p.000069: rights and their integral development.
p.000069: Institutional fostering, preventive detention, deprivation of liberty or any other
p.000069: A solution that distracts them from the family environment, should be applied as the last and exceptional measure.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67, 69
p.000069: Art. 23.- Prenatal protection.- The application of penalties and custodial measures to women will be replaced.
p.000069: pregnant until ninety days after delivery, and the judge must order the precautionary measures that are appropriate.
p.000069: The Judge may extend this term in the case of mothers of children with severe disabilities and qualified by the body
p.000069: relevant, for as long as necessary, according to the needs of the child.
p.000069: The person responsible for the application of this rule that violates this prohibition or allows another to
p.000069: contravenes, will be sanctioned in the manner provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248 CIVIL CODE (BOOK I), Arts. 61
p.000069: Art. 24.- Right to breastfeeding.- Boys and girls have the right to breastfeeding to ensure their
p.000069: affective bond with his mother, adequate nutrition, growth and development.
p.000069: It is the obligation of public and private health establishments to develop stimulation programs for
p.000069: breastfeeding.
p.000069: Art. 25.- Attention to pregnancy and childbirth.- Public power and health institutions and assistance to boys and girls
p.000069: and adolescents will create adequate conditions for care during pregnancy and childbirth, to
p.000069: favor of the mother and of the boy or girl, especially in the case of adolescent mothers and of boys or girls with
p.000069: weight less than two thousand five hundred grams.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 35, 42, 43, 46, 51, 363
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 5
...
p.000069: The institutions described and those determined by the Judicial Council, will implement mechanisms
p.000069: free of automatic and electronic delivery of information to the judges through key systems or
p.000069: others.
p.000069: FIFTH.- In food lawsuits that, at the date of issuance of the Pension Table
p.000069: Minimum Alimony, they are in process in the Judicial Branch and in which a pension has not been set
p.000069: provisional maintenance, check as provisional alimony the basic determined in the Table of
p.000069: Minimum Alimony.
p.000069: SIXTH.- As of the Table of Minimum Alimony Pensions, no pension
p.000069: food may be less than the minimum established in the Table.
p.000069: SEVENTH.- The Ministry of Public Health will implement within a period of no more than 360 days a
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 42
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Genetic Research Unit in which comparative examinations of
p.000069: the patterns of bands or sequences of deoxyribonucleic acid (DNA).
p.000069: EIGHTH.- Within a period of one hundred and eighty days from the approval of this law, the municipalities that have not created
p.000069: the Rights Protection Boards will have the obligation to do so. Failure to comply will lead to
p.000069: corresponding action by the State Comptroller General.
p.000069: FINAL DISPOSITION
p.000069: FIRST: Title V of the Second Book "On the Right to Food" of the Children's Code is repealed and
p.000069: Adolescence, published in the Official Registry No. 737 of January 3, 2003.
p.000069: TITLE VI
p.000069: ON THE RIGHT OF PREGNANT WOMEN TO FOOD
p.000069: Art. 148.- Content.- The pregnant woman has the right, from the moment of conception, to food for the
p.000069: attention to their needs for food, health, clothing, housing, childbirth, postpartum care, and during the
p.000069: lactation period for a period of twelve months from the birth of the son or daughter; if the creature dies in
p.000069: the mother's womb, or the boy or girl dies after childbirth, the protection to the mother will subsist for up to a period
p.000069: not more than twelve months from the death of the fetus or the boy or girl.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 61, 62, 233
p.000069: Jurisprudence:
p.000069: Judicial Gazette, SPECIAL SUMMARY PRENATAL FOOD TRIAL, May 28, 2012
p.000069: Art. 149.- Obligations to provide alimony.- The father of the child or
p.000069: girl, the alleged father in the case of article 131, and the other persons indicated in article 129.
p.000069: If the paternity of the defendant is not legally established, the Judge may decree the maintenance payment,
p.000069: provisional and definitive, since in the process there are tests that provide precise indications, sufficient
p.000069: and concordant to reach a conviction about the paternity or maternity of the defendant.
p.000069: Once the birth has occurred, the parties may request the biological tests referred to in the
p.000069: Article 131, with the consequences indicated in the same article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 253, 276, 355
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Art. 150.- Applicable regulations.- Regarding the order of the obligated parties, criteria and ways of fixing this
p.000069: benefit, constraints, precautionary measures, subsidies, competition, procedure and more compatible with the nature of
p.000069: this right, the rules on the right to maintenance in favor of the child or in favor of the pregnant mother will apply
p.000069: daughter.
p.000069: TITLE VII
p.000069: OF ADOPTION
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 43
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Chapter I
p.000069: General rules
p.000069: Art. 151.- Purpose of the adoption.- The purpose of the adoption is to guarantee a suitable family,
p.000069: permanent and definitive to the boy, girl or adolescent who are in social and legal capacity to be adopted.
p.000069: Art. 152.- Full adoption.- The law only admits full adoption, by virtue of which
p.000069: they establish between the adopter or adoptees all the rights, attributes, duties,
p.000069: responsibilities, prohibitions, inabilities and impediments of the parental filial relationship. In consecuense,
p.000069: Legally, the adoptive son is assimilated in everything to the consanguineous son.
p.000069: The adoption extinguishes the relationship between the adoptee and the members of his family of origin. However, they will remain
p.000069: Marital impediments that affected the adoptee due to kinship relationships persist
p.000069: extinguished.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 74 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000069: 69
p.000069: Art. 153.- Principles of adoption.- Adoption is governed by the following specific principles:
p.000069: 1. Adoption will be resorted to when the family support and family reintegration measures have been exhausted;
p.000069: 2. Priority will be given to national adoption over international adoption. International adoption will be exceptional;
...
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
p.000061: of the rights of children and adolescents must contemplate the coordinated action of all entities
p.000061: responsible, at national and local level, in order to optimize the resources and efforts that are made.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 46
p.000061: TITLE III
p.000061: POLICY DEFINITION, PLANNING, CONTROL AND EVALUATION AGENCIES
p.000061: Art. 194.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 195.- Functions of the National Council.- Corresponds to the Ministry in charge of matters of economic inclusion and
p.000061: Social:
p.000061: a) Define and evaluate compliance with the National Policy for the Comprehensive Protection of Children and
p.000061: Adolescence, ensure the correspondence of sectoral and sectional policies with the national policy of
p.000061: comprehensive protection and demand compliance from the responsible agencies;
p.000061: b)
p.000061: c)
p.000061: d)
p.000061: and)
p.000061: F)
...
p.000061: Specialized in Children and Adolescents and the National Directorate of Migration.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-B.- Time of the socio-educational measure.- The judge specialized in offending adolescents
p.000061: will determine precisely the time and mode of the socio-educational measure that the adolescent should
p.000061: comply.
p.000061: For the purposes of computing the sanction, they count every day of the year. It is understood that the day is twenty-four hours and
p.000061: the month thirty days. The duration of the preventive internment will be computed to the socio-educational measure. When in
p.000061: the preventive internment expires the time provided in the socio-educational measure, the judge will declare it
p.000061: extinguished and will order the immediate release of the adolescent, without the need for another document or requirement
p.000061: for it to become effective.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-C.- Opportunity to execute the socio-educational measure.- The socio-educational measure will be met a
p.000061: once the sentence is executed.
p.000061: No pregnant adolescent, whatever their gestation period, may be deprived of their liberty or be
p.000061: notified with sentence, but ninety days after delivery.
p.000061: In no case will socio-educational deprivation of liberty measures be applied to adolescents who have
p.000061: permanent total disability that limits their performance.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-D.- Reparation in the sentence.- Every condemnatory sentence will contemplate the imposition of one or more
p.000061: conditions for the comprehensive reparation of the victim, in accordance with the following rules:
p.000061: 1. The victim must be identified and does not require having actively participated in the process.
p.000061: 2. Reparation will be discussed at the trial hearing.
p.000061: 3. If there is more than one person responsible, the judge will determine the type of reparation based on the circumstances.
p.000061: of the offense and the degree of participation as an author or accomplice, and if the crime was intentionally committed or
p.000061: guilty.
p.000061: 4. In the cases in which the victims are repaired for actions of a constitutional nature, the
p.000061: The judge will refrain from applying as a sanction the judicially determined forms of reparation.
p.000061: 5. If the repair is quantifiable in money, the necessary justification is required to fix the amount.
...
Health / alcoholism
Searching for indicator alcoholic:
(return to top)
p.000069: healthy;
p.000069: 2. Permanent and uninterrupted access to public health services, for prevention, treatment
p.000069: disease and health rehabilitation. Public health services are free for children,
p.000069: girls and adolescents who need them;
p.000069: 3. Access to free medicine for children and adolescents who need it;
p.000069: 4. Immediate and effective access to public and private emergency medical services;
p.000069: 5. Information about their health status, according to the evolutionary level of the child or adolescent;
p.000069: 6. Information and education on the basic principles of prevention in health, sanitation
p.000069: environmental, first aid;
p.000069: 7. Attention with procedures and resources of alternative and traditional medicines;
p.000069: 8. Living and developing in a stable and affective environment that allow them adequate emotional development;
p.000069: 9. Access to services that strengthen the emotional bond between the boy and girl and their mother and father; and,
p.000069: 10. The right of mothers to receive adequate prenatal and postnatal health care.
p.000069: The sale of narcotic drugs, psychotropic substances and others that may cause addiction is prohibited.
p.000069: alcoholic beverages, industrial glues, tobacco, firearms and explosives of any kind, to
p.000069: boys, girls and adolescents.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 43, 45, 46, 360, 362, 363
p.000069: Art. 28.- Responsibility of the State in relation to this right to health.- They are obligations of the State, which
p.000069: through the Ministry of Health:
p.000069: 1. Prepare and implement the policies, plans and programs that favor the enjoyment of the right
p.000069: contemplated in the previous article;
p.000069: 2. Promote the initiatives necessary to expand the coverage and quality of health services, particularly
p.000069: primary health care; and will take appropriate measures to combat maternal and infant mortality,
p.000069: child malnutrition and diseases that affect the child population;
p.000069: 3. Promote interdisciplinary action in the study and early diagnosis of delays in
p.000069: development, so that they receive the appropriate treatment and stimulation;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 6
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 4. Guarantee the provision of free medicine for children and adolescents;
p.000069: 5. Control the application of the complete vaccination schedule;
p.000069: 6. Develop educational programs for parents and other caregivers of children,
p.000069: girls and adolescents, to provide instruction in the basic principles of their health and nutrition, and in the advantages
...
p.000069: Art. 77.- Protection against the illegal transfer and retention of children and adolescents. - The transfer is prohibited.
p.000069: and the retention of children and adolescents when they violate the exercise of parental authority, the
p.000069: visiting regime or the rules on authorization to leave the country.
p.000069: Children and adolescents who have been transferred or held illegally, have the right to be reinstated to
p.000069: their family environment and to enjoy visits from their parents and other relatives in accordance with the provisions of this
p.000069: Code.
p.000069: The State will take all the necessary measures to achieve the family return and reintegration of the child or
p.000069: adolescent who is in the situation provided for in this article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272, 283
p.000069: Art. 78.- Right to protection against other forms of abuse.- Children and adolescents have the right to be
p.000069: provide protection against:
p.000069: 1. The consumption and improper use of alcoholic beverages, tobacco, narcotic drugs and psychotropic substances;
p.000069: 2. Participation in the production, marketing and advertising of the substances and objects to which the
p.000069: numerals 1 and 3;
p.000069: 3. The use of weapons, explosives and substances that endanger his life or personal integrity;
p.000069: 4. Public exposure of their organic or functional diseases or disabilities, to obtain
p.000069: economic benefits; and,
p.000069: 5. Induction to gambling.
p.000069: Art. 79.- Protection measures for the cases provided for in this title.- For the cases provided for in this title and without
p.000069: to the detriment of the general protection measures provided for in this Code and more laws, the authorities
p.000069: Administrative and judicial authorities will order one or more of the following measures:
p.000069: 1. Search of the place where the child or adolescent is, victim of the practice
p.000069: illicit, for its immediate recovery. This measure may only be decreed by the Judge for Children and Adolescents,
p.000069: who will order it immediately and without any formality;
p.000069: 2. Family custody or institutional care;
p.000069: 3. Insertion of the child or adolescent and their family in a protection and care program;
p.000069: 4. Granting of aid tickets in favor of the boy, girl or adolescent, against the person
p.000069: aggressor
p.000069: 5. Warning to the aggressor;
...
p.000069: Adolescence.
p.000069: The regulation will establish the way of keeping said register and the data that must be registered.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 147, 148
p.000069: Art. 86.- Exception related to training work carried out as cultural practices.- The limitation
p.000069: of age indicated in article 82 will not be applied to the works considered as ancestral practices
p.000069: training, provided they meet the following conditions.
p.000069: 1. That they respect the adolescent's physical and psychological development, in the sense of being assigned
p.000069: only tasks commensurate with their abilities and evolutionary stage;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 22
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 2. That they contribute to the formation and development of adolescent skills and abilities;
p.000069: 3. That they transmit cultural values ​​and norms in harmony with adolescent development; and,
p.000069: 4. That they develop within the scope and benefit of the community to which the adolescent or his family belongs.
p.000069: Art. 87.- Prohibited work.- Teen work is prohibited:
p.000069: 1. In mines, landfills, beds, quarries and extractive industries of any kind;
p.000069: 2. In activities that involve the manipulation of explosive, psychotropic, toxic, dangerous substances
p.000069: or harmful to your life, your physical or mental development and your health;
p.000069: 3. In brothels or tolerance zones, places of games of chance, sale of alcoholic beverages and others that may
p.000069: be inconvenient for the moral or social development of the adolescent;
p.000069: 4. In activities that require the use of dangerous machinery or that expose you to noise that exceeds the limits
p.000069: legal tolerance;
p.000069: 5. In an activity that may aggravate the disability, in the case of adolescents who have it;
p.000069: 6. In other activities prohibited in other legal bodies, including international instruments
p.000069: ratified by Ecuador; and,
p.000069: 7. In homes whose members have a history as perpetrators of abuse or mistreatment.
p.000069: The Ministry in charge of Labor Relations will determine the specific forms of dangerous, harmful or
p.000069: risky that are prohibited for adolescents, taking into account their nature, conditions and risk
p.000069: for their life and personal integrity, health, education, security and integral development.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CONSTITUTION OF THE REPUBLIC
p.000069: DEL ECUADOR, Arts. 46
p.000069: Chapter II
p.000069: I work as employees
p.000069: Art. 88.- Forms of the employment contract.- The individual employment contract for adolescents is
p.000069: It shall be held in writing and shall be registered with the Municipality and with the Labor Inspectorate of the respective jurisdiction.
p.000069: The employer has the obligation to register the employment contract within thirty days, without
...
p.000061: 4. Public officials, of the central and sectional administration, who do not send the information in a timely manner and
p.000061: documents that are required by the Cantonal Boards of Protection of Rights or the Municipalities, for the
p.000061: fulfillment of its functions;
p.000061: 5. The judge ministers, members of the Cantonal Councils for Children and Adolescents and of the Protection Boards
p.000061: of Rights and municipalities, judges and public officials, who refuse to hear a boy, girl or
p.000061: adolescent, who are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 6. Those who by any means put restrictions that prevent the exercise of the right of assembly and free association
p.000061: of a boy, girl or adolescent, outside the cases expressly allowed by law;
p.000061: 7. The members of the Public Ministry, the defenders of childhood and adolescence, the public defenders or the
p.000061: public defenders, lawyers, experts, secretaries, officers, and clerks of the courts and tribunals, who
p.000061: unreasonably delay the judicial procedures regulated in this Code;
p.000061: 8. Those who use or allow the use of children or adolescents who have not reached the age of sixteen, in
p.000061: political or religious proselytizing programs or shows;
p.000061: 9. Commercial establishments and people who sell alcoholic beverages and cigarettes to minors
p.000061: eighteen years;
p.000061: 10. Those who violate the right to association, assembly and demonstration of children and
p.000061: adolescents, in the terms enshrined in this Code; and,
p.000061: 11. Public officials who impede the right of children and adolescents to their identity and
p.000061: ID.
p.000061: Note: Number 7. reformed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 729
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 66, 362, 365
p.000061: Article 254.- Sanction to the judges for the delay in the processing of the processes.- Without prejudice to the
p.000061: civil, administrative or criminal responsibilities that correspond, will be sanctioned with a fine equivalent to three
p.000061: dollars for each business day or fraction of the day that exceeds the maximum time of substantiation of the trials and
p.000061: administrative procedures that know, in accordance with the provisions of this Code, the
p.000061: Judge Ministers of the Supreme Court and Superior Courts, the Judges of Children and Adolescents and the
p.000061: members of the Boards of Protection of Rights.
p.000061: In the case of judges, judges, civil servants and judicial servants, the infraction will be
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 68
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: known and sanctioned by the National Council of the Judiciary. Members of the Councils for Children and Adolescents
...
Searching for indicator alcoholism:
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p.000069: will grant or deny, with knowledge of the cause, within a period not exceeding fifteen days.
p.000069: Art. 111.- Limitation of parental authority.- When advised by the best interests of the son or daughter, the Judge may
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
p.000069: 5. Alcoholism and dependence on narcotic or psychotropic substances, which endanger development
p.000069: integral of the son or daughter; and,
p.000069: 6. When inciting, causing or allowing the minor to execute acts that violate his physical or moral integrity.
p.000069: Once the cause that motivated the suspension has disappeared, the affected parent may request the Judge to
p.000069: restitution of parental authority.
p.000069: Parental authority with respect to one of the parents suspended; will be exercised by the other who does not
p.000069: find disabled. If both are, a guardian will be given to the son or daughter.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
...
Health / breastfeeding
Searching for indicator breastfeeding:
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p.000069: In all cases, the family must provide them with a climate of affection and understanding that allows respect for their
p.000069: rights and their integral development.
p.000069: Institutional fostering, preventive detention, deprivation of liberty or any other
p.000069: A solution that distracts them from the family environment, should be applied as the last and exceptional measure.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67, 69
p.000069: Art. 23.- Prenatal protection.- The application of penalties and custodial measures to women will be replaced.
p.000069: pregnant until ninety days after delivery, and the judge must order the precautionary measures that are appropriate.
p.000069: The Judge may extend this term in the case of mothers of children with severe disabilities and qualified by the body
p.000069: relevant, for as long as necessary, according to the needs of the child.
p.000069: The person responsible for the application of this rule that violates this prohibition or allows another to
p.000069: contravenes, will be sanctioned in the manner provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248 CIVIL CODE (BOOK I), Arts. 61
p.000069: Art. 24.- Right to breastfeeding.- Boys and girls have the right to breastfeeding to ensure their
p.000069: affective bond with his mother, adequate nutrition, growth and development.
p.000069: It is the obligation of public and private health establishments to develop stimulation programs for
p.000069: breastfeeding.
p.000069: Art. 25.- Attention to pregnancy and childbirth.- Public power and health institutions and assistance to boys and girls
p.000069: and adolescents will create adequate conditions for care during pregnancy and childbirth, to
p.000069: favor of the mother and of the boy or girl, especially in the case of adolescent mothers and of boys or girls with
p.000069: weight less than two thousand five hundred grams.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 35, 42, 43, 46, 51, 363
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 5
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 26.- Right to a decent life.- Children and adolescents have the right to a decent life,
p.000069: that allows them to enjoy the necessary socioeconomic conditions for their integral development.
p.000069: This right includes those benefits that ensure a nutritious, balanced and
p.000069: enough, recreation and play, access to health services, quality education, clothing
p.000069: adequate, safe, hygienic and equipped with basic services.
p.000069: In the case of children and adolescents with disabilities, the State and the institutions that serve them
p.000069: they must guarantee the conditions, technical aids and elimination of architectural barriers for the
p.000069: communication and transportation.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 13, 24
p.000069: Art. 27.- Right to health.- Children and adolescents have the right to enjoy the highest level of health
p.000069: physical, mental, psychological and sexual.
...
p.000069: representatives;
p.000069: 3. Maintain individual records stating the care and monitoring of pregnancy, childbirth and the puerperium; and
p.000069: updated records of the mother's personal data, permanent address and family references;
p.000069: 4. Identify newborns immediately after delivery, by registering their
p.000069: fingerprints and plantar prints and the mother's first name, last name, age and fingerprint; and
p.000069: issue the corresponding legal certificate for immediate registration in the Civil Registry;
p.000069: 5. Inform the parents in a timely manner of the legal requirements and procedures for the child's enrollment.
p.000069: or girl in the Civil Registry;
p.000069: 6. Guarantee the safe permanence of the newborn with his mother, until both are in
p.000069: health conditions that allow them to subsist safely outside the establishment;
p.000069: 7. Diagnosis and medical follow-up of children born with pathological problems or
p.000069: disabilities of any kind;
p.000069: 8. Inform the parents in a timely manner about the ordinary and special care they must provide to the newborn
p.000069: born, especially to children who have been found to have a disability;
p.000069: 9. Encourage the child to be fed through breastfeeding, at least until the first year of
p.000069: lifetime;
p.000069: 10. Provide a warm and quality treatment compatible with the dignity of the child and adolescent;
p.000069: 11. Immediately report to the authorities and competent bodies the cases of children and adolescents with
p.000069: signs of sexual abuse or abuse; and those in which the identity or address of
p.000069: The parents;
p.000069: 12. Collect and retain evidence of sexual abuse or maltreatment; and,
p.000069: 13. Inform the competent authorities when children with evident disabilities are born.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 362, 365
p.000069: Art. 31.- Right to social security.- Children and adolescents have the right to security
p.000069: Social. This right consists of effective access to the general benefits and benefits of the system,
p.000069: in accordance with the law.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 7
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3. 4
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
p.000069: healthy, ecologically balanced and pollution-free environment that guarantees your health, safety
p.000069: food and integral development.
...
Social / Access to Social Goods
Searching for indicator socialXwelfare:
(return to top)
p.000069: basic; and,
p.000069: 9. Failure to record a criminal record for crimes punishable by imprisonment.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1462, 1463
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 73 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000061: 61
p.000061: Art. 160.- Adoption by the guardian.- The guardian can adopt the conservatee once he has legally ceased
p.000061: of his office and the accounts of his administration have been judicially approved.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 252
p.000061: Art. 161.- Necessary consents.- For the adoption the following are required
p.000061: consents:
p.000061: 1. Of the adolescent to be adopted;
p.000061: 2. The father and mother of the child or adolescent to be adopted, who have not been deprived
p.000061: of parental authority;
p.000061: 3. From the guardian of the child or adolescent;
p.000061: 4. Of the spouse or partner of the adopter, in cases of marriage or de facto union that meets the requirements
p.000061: legal; and,
p.000061: 5. The parents of the adolescent father or mother who consents to the adoption of their child.
p.000061: The Judge has the obligation to personally verify, at the corresponding hearing, that the
p.000061: consent has been freely and spontaneously granted; and that the Technical Adoption Unit of the Ministry of
p.000061: Social Welfare has fulfilled the obligations indicated in the following article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461
p.000061: Art. 162.- Advice to the person who must give consent.- The Technical Unit for Adoptions of the
p.000061: Ministry of Social Welfare will give free advice to the person who must give consent for the
p.000061: adoption, on the meaning and effects of this protection measure; and will propose the alternatives that
p.000061: preserve the family bond after adoption. This unit will prepare a report on compliance with these
p.000061: obligations and will present it to the Judge who knows the adoption.
p.000061: Art. 163.- Prohibited adoptions.- Adoption is prohibited:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 46
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Of the unborn child; and,
p.000061: 2. By predetermined candidates, except when the child or adolescent to be adopted is a relative within
p.000061: of the fourth degree of consanguinity of the candidate to adopter, or son of the spouse or partner in the cases
p.000061: de facto union that meets the legal requirements. However, even in these cases the candidates for adopters must
p.000061: be declared suitable in accordance with the general rules.
p.000061: Art. 164.- Persons who must be heard for adoption.- In the administrative and judicial phases of the
p.000061: adoption must have the opinion of the child who is in a position to express it, and the adolescent in all
p.000061: the cases.
p.000061: The Judge will hear the relatives of the child or adolescent, the care entity involved and any person
...
p.000061: it is exclusive to the corresponding Family Allowance Committee.
p.000061: Art. 166.- Prohibitions related to this phase.- It is prohibited:
p.000061: 1. The pre-allocation of a family to a child or adolescent, except in cases of difficult adoption,
p.000061: either due to illness, disability, age over 4 years or others duly justified; and,
p.000061: 2. The relationship of a child or adolescent before the legal declaration of adoptability, of the
p.000061: preparation, presentation and approval of the report on their physical, psychological, legal, family and social situation and
p.000061: of the declaration of suitability of the adopter.
p.000061: Officials of the Technical Adoption Unit, legal representatives or officials of the entities of
p.000061: Attention or the Judge, who breaches the prohibitions established in this article, will be sanctioned
p.000061: in accordance with this Code, without prejudice to administrative responsibilities,
p.000061: civil and criminal to which there may be.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000061: Art. 167.- Bodies in charge of the administrative phase.- Bodies in charge of the phase
p.000061: administrative are:
p.000061: 1. The Technical Adoption Units of the Ministry of Social Welfare; and,
p.000061: 2. The Family Allowance Committees.
p.000061: Art. 168.- Of the Technical Adoption Units.- Corresponds to the Technical Adoption Units:
p.000061: 1. Prepare or request and approve medical, psychological, legal, family and social reports related to the
p.000061: person to be adopted; and require any extensions or clarifications that are
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 47
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: necessary;
p.000061: 2. Study the adoption applications of the adopter candidates, evaluate the reports on the realization of
p.000061: adoptive parent training courses and declare their suitability;
p.000061: 3. Carry out the matching process provided by the Family Allowance Committees and present the
p.000061: respective reports;
p.000061: 4. Design and execute, directly or through authorized entities, the continuous process of
p.000061: adoptive parent training and post-adoption support services; and,
p.000061: 5. Regulate the procedures to guarantee that the child or adolescent is adopted by the person or persons
p.000061: best suited to your needs, characteristics and conditions. For this purpose, it will establish a system
p.000061: integrated national information that has a registry of the candidates for adopters and a registry of children,
p.000061: girls and adolescents fit for adoption.
p.000061: Any report required in the adoption process must be motivated and commit responsibility
p.000061: solidarity of the Technical Unit of Adoptions and the entity that prepared it.
p.000061: These reports and studies are reserved and must be filed and preserved in order to ensure this
p.000061: character. They can be accessed by the adoptee who has reached the age of eighteen, his adoptive parents and persons
p.000061: legitimized for the action of nullity of the adoption.
p.000061: Art. 169.- Refusal of adoption request.- In case the adoption request is denied by the respective
p.000061: Technical Adoption Unit, the applicant may file an administrative appeal with the Minister
p.000061: of Social Welfare.
p.000061: Art. 170.- Of the Family Allocation Committees.- The Family Allocation Committees will be integrated
p.000061: by three appointed members; two by the Ministry in charge of economic inclusion issues and
p.000061: social and one by the municipal government where each committee has jurisdiction.
p.000061: Each Committee will elect a President from its bosom.
p.000061: The Family Allocation Committees will be called by their President at the request of the respective Technical Unit of
p.000061: Adoptions. The representatives and technicians of the attention entities and the officials of the Unit
p.000061: Adoption Technician will attend the Committee meetings with the sole purpose of issuing their technical criteria.
p.000061: The jurisdiction of the Family Allowance Committees will be determined by the Ministry in charge of the affairs of
p.000061: economic and social inclusion in the act of its creation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 171.- Of the members of the Assignment Committees.- To be a member of the Assignment Committees
p.000061: Family members must be accredited knowledge and experience in social, psychological, legal or medical work with children and
p.000061: adolescence, especially with children deprived of their family environment and adoption. The representatives cannot be
...
p.000061: according to the case; and,
p.000061: 7. Meet the other requirements that this Code requires for adoption in general.
p.000061: Art. 183.- Presentation of the adoption request.- When the candidates for adopters are
p.000061: domiciled abroad, must submit their adoption request through public institutions
p.000061: competent from the country of your domicile or from private institutions duly accredited in the country of residence
p.000061: and authorized by the Ministry in charge of matters of economic and social inclusion, with all
p.000061: background, reports and documents necessary for its study, according to the terms of the respective agreement
p.000061: international.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 184.- Administrative procedure.- The application for international adoption will be submitted to the Technical Unit
p.000061: of Adoptions, the same as in a period not exceeding thirty days and after reviewing the studies made
p.000061: by the competent organisms of the country of residence or origin of the candidates for adopters, will issue a report
p.000061: on compliance with the requirements contained in the law and international conventions, and will declare the suitability
p.000061: of the adopters.
p.000061: If the report of the Technical Adoption Unit reports omissions or errors in the application and its documentation
p.000061: attached, it will notify the petitioner or applicants so that they may complete or rectify it within a period not exceeding sixty
p.000061: days, after which said Unit will proceed to deny the request or approve it and declare the suitability of the
p.000061: applicants.
p.000061: If the request is rejected, it may be appealed to the Minister of Social Welfare.
p.000061: The relationship and assignment will be made in accordance with the provisions of this Code.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 152
p.000061: Art. 185.- Transfer of the adopted person abroad.- Once the adoption decision has been executed, the Judge will authorize the
p.000061: the adoptee leaves the country only if the following conditions are met:
p.000061: 1. Travel in the company of at least one of the adopters; and,
p.000061: 2. That the central authority confer the certificate referred to in literal d) of article 17 of the Convention of
p.000061: The Hague on international adoptions.
p.000061: Art. 186.- Monitoring of international adoptions.- The State, through the central adoption authority,
p.000061: has the responsibility of periodically monitoring the residence and living conditions of the
p.000061: children and adolescents adopted in accordance with the rules of this title; and to demand that they be taken
p.000061: the measures that are necessary, in accordance with the international instruments in force, to improve said
p.000061: conditions when it is found that they are not suitable for the comprehensive development of the adopted.
p.000061: It is also responsible for annually requesting the foreign centers and institutions that have sponsored
p.000061: international adoptions, the follow-up reports to which they are required under said instruments
p.000061: international.
p.000061: The responsibilities indicated in the preceding paragraphs will cease after two years from the date of
p.000061: adoption. The agreements must stipulate that this monitoring will be quarterly during the first
p.000061: year and semester in the second.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 51
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: The information gathered by the actions described in this article will be forwarded to the Technical Adoption Unit, which
p.000061: It will keep an updated statistic on the compliance of the different countries and entities of
p.000061: international adoption of the commitments assumed. Failure to submit reports
p.000061: Follow-up will be sufficient cause to terminate the international adoption agreement.
p.000061: Art. 187.- Obligations for adoption entities.- International adoption entities are
p.000061: forced to:
p.000061: 1. Maintain a legal representative in Ecuador;
p.000061: 2. Be covered by a current adoption agreement;
p.000061: 3. Accredit the authorization to manage international adoptions, granted by the central authority
p.000061: of adoptions, or their delegates, of the country of domicile of the adopters where the person will live
p.000061: adopted
p.000061: 4. Have the registration and registration of the program with the Ministry of Social Welfare;
p.000061: 5. Guarantee the capacity for overseas monitoring of adopted children and adolescents;
p.000061: 6. Thoroughly inform applicants of adoption costs; and,
p.000061: 7. Facilitate the access of the competent control authority to your administrative information and
p.000061: financial.
p.000061: Article 188.- International agreements on adoption.- The State may not sign international agreements
p.000061: on adoption that does not at least respect the rights, guarantees and procedures
p.000061: established in the Political Constitution, the Convention on the Rights of the Child, international instruments
p.000061: on the matter, the Hague Convention on the Protection of Children and Cooperation in the Matter of
p.000061: International adoption, this Code and the policies defined by the Ministry in charge of affairs
p.000061: of economic and social inclusion.
p.000061: Said agreements shall stipulate, at least:
p.000061: 1. The minimum requirements to be met by candidates for adopters, which in no case may be less than
p.000061: required for national adoption;
p.000061: 2. The indication of mechanisms for evaluating the agreement;
p.000061: 3. The commitment of accountability in all those matters that are required by the authority
p.000061: central; and,
p.000061: 4. The obligation of the counterparty to send the reports that are requested.
...
p.002014: National Council of the Judiciary expressly establishes it. These people will receive the same wages and
p.002014: remuneration than those who exercise equivalent functions in the Judicial Function, in no case,
p.002014: those will be less than those they had been receiving.
p.002014: Fourth.- The other officials, employees, servers and administrative workers that currently
p.002014: provide their services in the Juvenile Judicial Service, they will become part of the Children's Courts and
p.002014: Adolescence and technical offices according to the distribution made by the National Council of the Judiciary
p.002014: within a maximum period of sixty days; in the same way they will receive the same remuneration as their peers of the Function
p.002014: Judicial.
p.002014: Fifth.- The aforementioned charges will be subject to what is prescribed in the Organic Law of the Function
p.002014: Judicial and other applicable legal norms. The National Council of the Judiciary, when carrying out the
p.002014: assignment and distribution of these positions, will ensure that the people who held them, under the new structure
p.002014: lend it in the same cities where they exercised their function, at the time of publication in the Official Registry of this
p.002014: Code.
p.002014: Sixth.- The budget items corresponding to the spending groups of: remunerations, goods and
p.002014: consumer services and general services; and the movable property assigned to
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 112
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: operation of the National Juvenile Court, District Juvenile Courts and Juvenile Courts,
p.002014: they will transfer from the Social Welfare Budget to the budget of the Judicial Branch. Within the maximum period of
p.002014: ninety days the Ministry of Economy and Finance and the Ministry of Social Welfare by the Function
p.002014: Executive and the competent bodies of the Judicial Function, will proceed to adopt the pertinent measures to
p.002014: compliance with these provisions.
p.002014: Seventh.- The National Council of the Judiciary will take all necessary measures for the full application of these
p.002014: provisions, as well as to organize, appoint and integrate the Courts for Children and Adolescents and
p.002014: technical offices within sixty days after publication in the Official Register of this Code.
p.002014: Eighth.- All magistrates, officials, employees and workers, who have or will assume
p.002014: Responsibilities related to the application of this Code in the Judicial Function must be
p.002014: duly trained, for which purpose, the National Judicial Council will coordinate with the organizations
p.002014: relevant public and private.
p.002014: Ninth.- The National Council for Children and Adolescents must conform according to this Code and
p.002014: come into operation within a maximum period of ninety days from the publication of this Organic Law in
p.002014: the Official Registry, for which the competent bodies will take the necessary measures for its effective
p.002014: compliance.
p.002014: Tenth.- The different organisms and institutions within the scope of their competence will adopt all the measures
p.002014: and will implement the necessary mechanisms for its organization and operation in accordance with
p.002014: this Code within a maximum period of eighteen months from the publication of this Code in the Official Registry,
p.002014: with the exception of the provisions regarding the integration and operation of the National Council for Children and Adolescents
...
Searching for indicator access:
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p.000069: Jurisprudence:
p.000069: Judicial Gazette, AMOUNT AND FORM OF FOOD SUPPLY, Feb 14, 2007
p.000069: Art. 11.- The best interest of the child.- The best interest of the child is a principle that is aimed at satisfying
p.000069: the effective exercise of all the rights of children and adolescents; and imposes on all
p.000069: administrative and judicial authorities and public and private institutions, the duty to adjust their
p.000069: decisions and actions for compliance.
p.000069: In order to appreciate the best interest, the need to maintain a fair balance between rights and
p.000069: duties of children and adolescents, in the way that best suits the realization of their rights and
p.000069: guarantee.
p.000069: This principle prevails over the principle of ethnic and cultural diversity.
p.000069: The best interests of the child is a principle of interpretation of this Law. No one may invoke it.
p.000069: against express norm and without previously listening to the opinion of the child or adolescent involved, who is in
p.000069: conditions to express it.
p.000069: Art. 12.- Absolute priority.- In the formulation and execution of public policies and in the provision of resources,
p.000069: absolute priority must be assigned to children and adolescents, who will also ensure preferential access to
p.000069: public services and any kind of attention they require.
p.000069: Special priority will be given to the care of children under the age of six.
p.000069: In the event of conflict, the rights of children and adolescents prevail over the rights of others.
p.000069: Art. 13.- Progressive exercise.- The exercise of rights and guarantees and compliance with the
p.000069: Duties and responsibilities of children and adolescents will be done progressively, according to their
p.000069: degree of development and maturity. Any restriction on the exercise of these rights and guarantees that is not
p.000069: expressly contemplated in this Code.
p.000069: Art. 14.- Application and interpretation more favorable to the child and adolescent.- No judicial authority or
p.000069: administrative may invoke lack or insufficiency of rule or express procedure to justify the violation or
p.000069: ignorance of the rights of children and adolescents.
p.000069: The rules of the legal system, the clauses and stipulations of acts and contracts involving children,
p.000069: girls or adolescents, or that refer to them, must be interpreted according to the principle of the best interest of the
p.000069: boy.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 18
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 169
p.000069: TITLE III
p.000069: RIGHTS, GUARANTEES AND DUTIES
p.000069: Chapter I
p.000069: General disposition
...
p.000069: The person responsible for the application of this rule that violates this prohibition or allows another to
p.000069: contravenes, will be sanctioned in the manner provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248 CIVIL CODE (BOOK I), Arts. 61
p.000069: Art. 24.- Right to breastfeeding.- Boys and girls have the right to breastfeeding to ensure their
p.000069: affective bond with his mother, adequate nutrition, growth and development.
p.000069: It is the obligation of public and private health establishments to develop stimulation programs for
p.000069: breastfeeding.
p.000069: Art. 25.- Attention to pregnancy and childbirth.- Public power and health institutions and assistance to boys and girls
p.000069: and adolescents will create adequate conditions for care during pregnancy and childbirth, to
p.000069: favor of the mother and of the boy or girl, especially in the case of adolescent mothers and of boys or girls with
p.000069: weight less than two thousand five hundred grams.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 35, 42, 43, 46, 51, 363
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 5
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 26.- Right to a decent life.- Children and adolescents have the right to a decent life,
p.000069: that allows them to enjoy the necessary socioeconomic conditions for their integral development.
p.000069: This right includes those benefits that ensure a nutritious, balanced and
p.000069: enough, recreation and play, access to health services, quality education, clothing
p.000069: adequate, safe, hygienic and equipped with basic services.
p.000069: In the case of children and adolescents with disabilities, the State and the institutions that serve them
p.000069: they must guarantee the conditions, technical aids and elimination of architectural barriers for the
p.000069: communication and transportation.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 13, 24
p.000069: Art. 27.- Right to health.- Children and adolescents have the right to enjoy the highest level of health
p.000069: physical, mental, psychological and sexual.
p.000069: The right to health of children and adolescents includes:
p.000069: 1. Free access to public health programs and actions, adequate nutrition and an environment
p.000069: healthy;
p.000069: 2. Permanent and uninterrupted access to public health services, for prevention, treatment
p.000069: disease and health rehabilitation. Public health services are free for children,
p.000069: girls and adolescents who need them;
p.000069: 3. Access to free medicine for children and adolescents who need it;
p.000069: 4. Immediate and effective access to public and private emergency medical services;
p.000069: 5. Information about their health status, according to the evolutionary level of the child or adolescent;
p.000069: 6. Information and education on the basic principles of prevention in health, sanitation
p.000069: environmental, first aid;
p.000069: 7. Attention with procedures and resources of alternative and traditional medicines;
p.000069: 8. Living and developing in a stable and affective environment that allow them adequate emotional development;
p.000069: 9. Access to services that strengthen the emotional bond between the boy and girl and their mother and father; and,
p.000069: 10. The right of mothers to receive adequate prenatal and postnatal health care.
p.000069: The sale of narcotic drugs, psychotropic substances and others that may cause addiction is prohibited.
p.000069: alcoholic beverages, industrial glues, tobacco, firearms and explosives of any kind, to
p.000069: boys, girls and adolescents.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 43, 45, 46, 360, 362, 363
p.000069: Art. 28.- Responsibility of the State in relation to this right to health.- They are obligations of the State, which
p.000069: through the Ministry of Health:
p.000069: 1. Prepare and implement the policies, plans and programs that favor the enjoyment of the right
p.000069: contemplated in the previous article;
p.000069: 2. Promote the initiatives necessary to expand the coverage and quality of health services, particularly
p.000069: primary health care; and will take appropriate measures to combat maternal and infant mortality,
p.000069: child malnutrition and diseases that affect the child population;
p.000069: 3. Promote interdisciplinary action in the study and early diagnosis of delays in
p.000069: development, so that they receive the appropriate treatment and stimulation;
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p.000069: 4. Guarantee the provision of free medicine for children and adolescents;
p.000069: 5. Control the application of the complete vaccination schedule;
...
p.000069: disabilities of any kind;
p.000069: 8. Inform the parents in a timely manner about the ordinary and special care they must provide to the newborn
p.000069: born, especially to children who have been found to have a disability;
p.000069: 9. Encourage the child to be fed through breastfeeding, at least until the first year of
p.000069: lifetime;
p.000069: 10. Provide a warm and quality treatment compatible with the dignity of the child and adolescent;
p.000069: 11. Immediately report to the authorities and competent bodies the cases of children and adolescents with
p.000069: signs of sexual abuse or abuse; and those in which the identity or address of
p.000069: The parents;
p.000069: 12. Collect and retain evidence of sexual abuse or maltreatment; and,
p.000069: 13. Inform the competent authorities when children with evident disabilities are born.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 362, 365
p.000069: Art. 31.- Right to social security.- Children and adolescents have the right to security
p.000069: Social. This right consists of effective access to the general benefits and benefits of the system,
p.000069: in accordance with the law.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 7
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3. 4
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
p.000069: healthy, ecologically balanced and pollution-free environment that guarantees your health, safety
p.000069: food and integral development.
p.000069: The Central Government and the sectional governments will establish clear and precise policies for the
p.000069: conservation of the environment and the ecosystem.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 15, 66, 397, 414
p.000069: Chapter III
p.000069: Development-related rights
p.000069: Art. 33.- Right to identity.- Children and adolescents have the right to identity and the elements
p.000069: that constitute it, especially the name, nationality and family relationships, in accordance with
p.000069: the law.
p.000069: It is the State's obligation to preserve the identity of children; girls and adolescents and punish those responsible for
p.000069: alteration, replacement or deprivation of this right.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Art. 34.- Right to cultural identity.- Children and adolescents have the right to keep,
...
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
p.000069: be registered with proper names of the respective language. The Civil Registry authorities have the obligation to
p.000069: register these names without any limitation or objection.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 64 CIVIL CODE (BOOK I), Arts. 60
p.000069: GENERAL LAW OF CIVIL REGISTRY IDENTIFICATION AND IDENTIFICATION, Arts. 32
p.000069: Art. 37.- Right to education.- Children and adolescents have the right to a quality education. East
p.000069: Law demands an educational system that:
p.000069: 1. Guarantee the access and permanence of all boys and girls to basic education, as well as
p.000069: adolescent through high school or its equivalent;
p.000069: 2. Respect the cultures and specificities of each region and place;
p.000069: 3. Consider flexible and alternative educational proposals to meet the needs of all
p.000069: Children and adolescents, with priority for those who have disabilities, work or live in a situation that requires
p.000069: greater opportunities to learn;
p.000069: 4. Ensure that children and adolescents have teachers, teaching materials, laboratories,
p.000069: adequate premises, facilities and resources and enjoy a favorable environment for learning. This right includes
p.000069: effective access to initial education from zero to five years, and therefore programs will be developed and
p.000069: flexible and open projects, adapted to the cultural needs of the students; and,
p.000069: 5. To respect the ethical, moral and religious convictions of the parents and of the children and adolescents themselves.
p.000069: Public education is secular at all levels, compulsory until the tenth year of basic education and free
p.000069: up to high school or its equivalent.
p.000069: The State and the pertinent organisms will assure that the educational establishments offer services with equity,
p.000069: quality and opportunity and that the right of parents to choose the education that is guaranteed is also guaranteed
p.000069: the more it suits your sons and your daughters.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 28, 45, 66
p.000069: Art. 38.- Objectives of education programs.- Basic and secondary education will ensure knowledge, values ​​and
p.000069: indispensable attitudes for:
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p.000069: representatives.
p.000069: Any form of sexual assault in educational establishments will be brought to the attention of the Agent
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
p.000069: that correspond in the educational field.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 10
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 42.- Right to education of children and adolescents with disabilities.- Children and adolescents
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
p.000069: Art. 43.- Right to cultural life.- Children and adolescents have the right to participate
p.000069: freely in all expressions of cultural life.
p.000069: In the exercise of this right they can access any public show that has been qualified
p.000069: as suitable for his age, by the competent authority.
p.000069: It is the obligation of the State and sectional governments to promote cultural, artistic and
p.000069: sports to which children and adolescents have access.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 22, 377
p.000069: Art. 44.- Cultural rights of indigenous and black or Afro-Ecuadorian peoples.- All care and
p.000069: care for children and adolescents of nationalities and indigenous peoples, black or Afro-Ecuadorian, shall
p.000069: respect the worldview, cultural reality and knowledge of their respective nationality or people and take into account their
p.000069: specific needs, in accordance with the Constitution and the law.
p.000069: Public and private care entities that provide services to such children and
p.000069: adolescents, must coordinate their activities with the corresponding entities of those nationalities or
p.000069: towns.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 45, 57, 58, 377
p.000069: Art. 45.- Right to information.- Children and adolescents have the right to search and choose
p.000069: information; and to use the different means and sources of communication, with the limitations
p.000069: established in the law and those derived from the exercise of parental authority.
p.000069: It is the duty of the State, society and the family to ensure that children and adolescents receive a
p.000069: adequate, truthful and pluralistic information; and provide them with guidance and critical education that allows them
p.000069: properly exercise the rights indicated in the previous paragraph.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 16, 18, 19, 94
p.000069: Art. 46.- Prohibitions related to the right to information.- It is prohibited:
p.000069: 1. The circulation of publications, videos and recordings aimed at and intended for children and
p.000069: adolescence, containing images, texts or messages inappropriate for their development; and any form of
p.000069: access of children and adolescents to these media;
p.000069: 2. The dissemination of inappropriate information for children and adolescents during family hours,
p.000069: nor in publications aimed at the family and children and adolescents; and,
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p.000069: 3. The circulation of any product intended for children and adolescents, with packaging containing
p.000069: inappropriate images, texts or messages for its development.
p.000069: These prohibitions apply to the media, communication systems, advertising companies and programs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19
p.000069: Art. 47.- Guarantees of access to adequate information.- To guarantee the right to information
p.000069: adequate, which is dealt with in the previous article, the State shall:
p.000069: a) Require the media to disseminate information and materials of social and cultural interest
p.000069: for children and adolescents;
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
...
p.000069: Public, issued by the President of the Republic.
p.000069: Note: Literal b) amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18, 19
p.000069: Art. 48.- Right to recreation and rest.- Children and adolescents have the right to recreation, to
p.000069: rest, games, sports and more activities typical of each evolutionary stage.
p.000069: It is the obligation of the State and the sectional governments to promote and inculcate in children and
p.000069: adolescence, the practice of traditional games; create and maintain safe and accessible spaces and facilities,
p.000069: adequate, safe and free public programs and shows for the exercise of this right.
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p.000069: Educational establishments must have sports, recreational, artistic and cultural areas, and
p.000069: allocate sufficient budgetary resources to carry out these activities.
p.000069: The Municipalities will dictate regulations on public shows; while the Regulatory Council of
p.000069: Development of Information and Communication will dictate regulations on radio and television programs and the use of games
p.000069: and computer or electronic programs.
p.000069: Note: Fourth paragraph replaced by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 49.- Rules on access to public shows.- The entry of children and adolescents to the
p.000069: shows that have been rated as inconvenient for their age.
p.000069: Public shows suitable for children and adolescents will enjoy a special regime regarding
p.000069: taxes and fiscal and municipal contributions, which will be regulated by the respective authorities. Whether
p.000069: have organized exclusively for the benefit of protection establishments, they will enjoy tax exemption.
p.000069: In the shows referred to in the previous article, they will be admitted free of charge and
p.000069: children and adolescents belonging to protection establishments are compulsory.
p.000069: The companies responsible for the shows must offer the necessary safeguards and guarantee the
p.000069: measures in case of accident.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Chapter IV
p.000069: Protection rights
p.000069: Art. 50.- Right to personal integrity.- Children and adolescents have the right to have their
p.000069: personal, physical, psychological, cultural, emotional and sexual integrity. They may not be subjected to torture,
p.000069: cruel and degrading treatment.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
...
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
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p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
p.000069: require; and the provision of early stimulation, rehabilitation, preparation for
p.000069: work, recreation and other necessary activities, which will be free for children and adolescents whose
p.000069: parents or caregivers are unable to pay for them.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46, 47
p.000069: Art. 56.- Right of children of persons deprived of liberty.- Children; girls and adolescents who do not enjoy
p.000069: of their family environment because one or both parents are deprived of their liberty, they must receive
p.000069: special protection and assistance from the State, outside the rehabilitation centers, through modalities
p.000069: of care that ensure their right to family and community coexistence and to direct personal relationships and
p.000069: regular with their parents.
p.000069: Art. 57.- Right to special protection in cases of disasters and armed conflicts.- Boys, girls and
p.000069: adolescents have the right to special protection in cases of natural disasters and armed conflict
...
p.000069: Art. 92.- Training work.- Children and adolescents may carry out training activities that
p.000069: incorporate work as an important element in their comprehensive training. These activities must be carried out in
p.000069: conditions suitable for their age, capacity, physical state and intellectual development, respecting their values
p.000069: moral and cultural, their rights to rest, recreation and play.
p.000069: Programs that incorporate work with the purpose indicated in this article, will give priority to the demands
p.000069: pedagogical related to the integral development of the child or adolescent, over the productive objectives.
p.000069: Chapter III
p.000069: Work without dependency relationship
p.000069: Art. 93.- Self-employment.- The municipalities will grant, in their respective jurisdictions, the permits to
p.000069: that adolescents who have reached the age of fifteen carry out economic activities on their own behalf
p.000069: own, provided they are not those considered harmful or harmful or that are prohibited in
p.000069: this or other legal bodies.
p.000069: Each Municipality will keep a record of these authorizations and will control the development of activities
p.000069: authorized to adolescents.
p.000069: The adolescents authorized in accordance with the previous paragraph, will receive from the Municipality a work card that
p.000069: will provide the following benefits: free access to public shows determined by regulation,
p.000069: preferential access to protection programs such as soup kitchens, medical services, night shelters,
p.000069: free registration and exemption from other payments in the tax and municipal educational centers.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 24
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The Ministry in charge of Labor Relations will issue the Regulations for issuing the license
p.000069: and the regulation of the benefits it provides.
p.000069: Note: Fourth paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 35, 138
p.000069: Chapter IV
p.000069: Protection measures and work-related sanctions
p.000069: Art. 94.- Protection measures.- In cases of infringement of the provisions of this title, the judges and
p.000069: competent administrative authorities may order one or more of the following protection measures in favor
p.000069: of the children and adolescents affected, without prejudice to the others contemplated in this Code:
p.000069: 1. The order to separate the child or adolescent from work activity;
p.000069: 2. The insertion of the child or adolescent and / or their family in a protection program; and,
...
p.000069: pursuant to what is determined in this law and the establishment of emerging measures and
p.000069: Immediate to prevent the delay of the judicial decision regarding pension fixing
p.000069: food.
p.000069: Within the same period, the provisional and emergent appointment of Family Judges shall be empowered to the Judicial Council,
p.000069: Women, Children and Adolescents, in the number that is necessary for the cities of: Quito, Guayaquil, Manta, Santo
p.000069: Domingo de los Colorados, Esmeraldas and in the provincial capitals that the Council determines.
p.000069: A specialized commission of the Ministry of Justice will evaluate the results of the program and will issue the report
p.000069: respective, so that in case of negligence or non-compliance, the National Assembly initiates the respective impeachment
p.000069: against the Members of the Council of the Judiciary.
p.000069: THIRD.- The Judicial Council within thirty days from the effective date of the
p.000069: This Law will prepare and order the immediate implementation of the "Single Form for the Demand for
p.000069: Alimony and Incident of Increase or Decrease of Alimony ". Failure to comply with this
p.000069: obligation will be informed by the Ministry of Justice and if warranted it will lead to the initiation of
p.000069: respective impeachment for the removal of the members and members of said councils, by
p.000069: of the National Assembly.
p.000069: FOURTH.- The Council of the Judiciary will implement, within 120 days, an automated direct access system to
p.000069: the information on the income of those obliged to provide food, for which purpose the
p.000069: respective agreement with the Internal Revenue Service, SRI. For the purposes of other information, the Council
p.000069: of the Judiciary will prepare the respective project in order to cross information with other systems of
p.000069: registration such as that of the Superintendency of Banks, property and commercial.
p.000069: The institutions described and those determined by the Judicial Council, will implement mechanisms
p.000069: free of automatic and electronic delivery of information to the judges through key systems or
p.000069: others.
p.000069: FIFTH.- In food lawsuits that, at the date of issuance of the Pension Table
p.000069: Minimum Alimony, they are in process in the Judicial Branch and in which a pension has not been set
p.000069: provisional maintenance, check as provisional alimony the basic determined in the Table of
p.000069: Minimum Alimony.
p.000069: SIXTH.- As of the Table of Minimum Alimony Pensions, no pension
p.000069: food may be less than the minimum established in the Table.
p.000069: SEVENTH.- The Ministry of Public Health will implement within a period of no more than 360 days a
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p.000069: Genetic Research Unit in which comparative examinations of
p.000069: the patterns of bands or sequences of deoxyribonucleic acid (DNA).
p.000069: EIGHTH.- Within a period of one hundred and eighty days from the approval of this law, the municipalities that have not created
p.000069: the Rights Protection Boards will have the obligation to do so. Failure to comply will lead to
p.000069: corresponding action by the State Comptroller General.
p.000069: FINAL DISPOSITION
...
p.000061: administrative, and will comply with the procedure indicated in Chapter IV, Title X, Book III of this Code.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 284, 285
p.000061: Art. 176.- Registration in the Civil Registry.- The sentence granting the adoption must be registered in the Registry
p.000061: Civil, so that the original birth registration is canceled, through a marginal annotation that accounts for the
p.000061: adoption, and a new registry is practiced in which this circumstance will not be mentioned.
p.000061: Art. 177.- Nullity of the adoption.- The adoption will be annulled by the Judge, in the following cases:
p.000061: 1. Falsity of the reports or documents necessary to grant it;
p.000061: 2. Non-observance of the age requirement of the adoptee according to article 157;
p.000061: 3. Lack of any of the requirements that the adopter must meet, according to article 159;
p.000061: 4. Omission or defect of the consents required by article 161; and,
p.000061: 5. Failure to comply with the requirement set forth in article 160 for adoption by the guardian.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CIVIL CODE (BOOK IV), Arts. 1467
p.000061: Art. 178.- The nullity action.- The nullity of the adoption may only be sued by the adoptee,
p.000061: by the persons whose consent was omitted, in the case of numeral 4 of the article
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 49
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p.000061: above, and by the Ombudsman.
p.000061: This action prescribes within two years from the registration of the adoption decision.
p.000061: in the Civil Registry.
p.000061: Those legitimized actively for the exercise of the nullity action have the right to access all
p.000061: the documents and information that on the particular case are necessary.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK III), Arts. 1389
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 75
p.000061: Art. 179.- Monitoring of adoptions.- During the two years following the adoption, the national adopters
p.000061: and the adopted children and adolescents will receive advice and orientation and will be subject to the control of the Unit.
p.000061: Adoption Technique or the care entities that it designates, in order to strengthen ties
p.000061: family that creates the adoption and ensure the full exercise of the rights of the adopted.
p.000061: Chapter IV
p.000061: Of international adoption
p.000061: Art. 180.- Concept.- An international adoption is one in which the candidates for adopters,
p.000061: whatever their nationality, they have their habitual domicile in another State with which Ecuador has signed a
p.000061: adoption agreement; as well as the one in which the adoptive candidate or candidates are foreigners, domiciled in the
p.000061: Ecuador for less than three years.
p.000061: In case of not being domiciled in their country of origin, the applicant must prove a minimum residence of three
p.000061: years in another country with which Ecuador has signed an adoption agreement.
p.000061: Art. 181.- Authorized entities for adoption.- International adoption will be carried out only through entities
p.000061: created and authorized expressly and exclusively for this activity.
p.000061: Art. 182.- Requirements for international adoption.- In addition to the provisions of article 182, for it to take place
p.000061: An international adoption must meet the following requirements:
...
p.000061: international.
p.000061: The responsibilities indicated in the preceding paragraphs will cease after two years from the date of
p.000061: adoption. The agreements must stipulate that this monitoring will be quarterly during the first
p.000061: year and semester in the second.
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p.000061: The information gathered by the actions described in this article will be forwarded to the Technical Adoption Unit, which
p.000061: It will keep an updated statistic on the compliance of the different countries and entities of
p.000061: international adoption of the commitments assumed. Failure to submit reports
p.000061: Follow-up will be sufficient cause to terminate the international adoption agreement.
p.000061: Art. 187.- Obligations for adoption entities.- International adoption entities are
p.000061: forced to:
p.000061: 1. Maintain a legal representative in Ecuador;
p.000061: 2. Be covered by a current adoption agreement;
p.000061: 3. Accredit the authorization to manage international adoptions, granted by the central authority
p.000061: of adoptions, or their delegates, of the country of domicile of the adopters where the person will live
p.000061: adopted
p.000061: 4. Have the registration and registration of the program with the Ministry of Social Welfare;
p.000061: 5. Guarantee the capacity for overseas monitoring of adopted children and adolescents;
p.000061: 6. Thoroughly inform applicants of adoption costs; and,
p.000061: 7. Facilitate the access of the competent control authority to your administrative information and
p.000061: financial.
p.000061: Article 188.- International agreements on adoption.- The State may not sign international agreements
p.000061: on adoption that does not at least respect the rights, guarantees and procedures
p.000061: established in the Political Constitution, the Convention on the Rights of the Child, international instruments
p.000061: on the matter, the Hague Convention on the Protection of Children and Cooperation in the Matter of
p.000061: International adoption, this Code and the policies defined by the Ministry in charge of affairs
p.000061: of economic and social inclusion.
p.000061: Said agreements shall stipulate, at least:
p.000061: 1. The minimum requirements to be met by candidates for adopters, which in no case may be less than
p.000061: required for national adoption;
p.000061: 2. The indication of mechanisms for evaluating the agreement;
p.000061: 3. The commitment of accountability in all those matters that are required by the authority
p.000061: central; and,
p.000061: 4. The obligation of the counterparty to send the reports that are requested.
p.000061: In the negotiation of agreements, it should, try to contemplate the prerogative of the country to terminate
p.000061: unilaterally the agreement in case of breach.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69, 45, 46
...
p.000061: In communication:
p.000061: 1. On the reasons for the investigation, interrogation, arrest, the authority that ordered them, the
p.000061: identity of those who investigate, interrogate or detain him and the actions initiated against him; and,
p.000061: 2. About your right to remain silent, to request the presence of a lawyer and to communicate
p.000061: with a family member or with anyone you indicate.
p.000061: The adolescent will have the free assistance of an interpreter, if he does not understand or speak the
p.000061: language used.
p.000061: In all cases, the legal representatives of the investigated, questioned or detained, will be informed of
p.000061: righ now.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 77
p.000061: Art. 313.- Right to defense.- The adolescent has the right to an adequate professional defense during all
p.000061: instances of the process. When you do not have a private defender, you will be assigned, within a period of
p.000061: twenty-four hours, a specialized public defender, who will assume the case within twenty-four hours
p.000061: following notification of your assignment.
p.000061: The lack of defender will cause the nullity of everything acted in defenselessness.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 314.- Right to be heard and question.- At all stages of the process, the adolescent subjected to trial
p.000061: you have the right:
p.000061: 1. Free and complete access to documents and parts of the process;
p.000061: 2. To be heard in any instance of the process; and,
p.000061: 3. To question directly or through their defense attorney and orally, the witnesses and experts, who will be
p.000061: obliged to appear before the judge for this purpose.
p.000061: The adolescent may be heard and questioned by sign language in case of hearing impairment.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 315.- Procedural speed. - Judges, Prosecutors for Teenage Offenders, public or private defenders and
p.000061: the Technical Office of the Administration of Justice must promptly promote the actions
p.000061: judicial. Those who unduly delay the process followed against a teenager, will be sanctioned in the form
p.000061: provided for in this Code, without prejudice to the penalties provided for in other laws.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 80
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 99
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 253, 254 CONSTITUTION
p.000061: OF THE REPUBLIC OF ECUADOR, Arts. 169
p.000061: Art. 316.- Right to be instructed on procedural actions.- The adolescent has the right to be instructed with
...
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 382.- Semi-open regime.- Consists of the execution of the socio-educational measure in a Teen Center
p.002014: offenders, with the possibility of being absent for reasons of education or work. In addition, activities of
p.002014: family, social and community insertion.
p.002014: In case of non-compliance with the regime, the adolescent will be declared a fugitive.
p.002014: If sixty percent of the imposed socio-educational measure is met, the detention may be modified
p.002014: Institutional closed for the internment with semi-open regime or weekend internment.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 383.- Open regime.- It is the period of social inclusion in which the adolescent will coexist in their social environment
p.002014: in which the adolescent will live in his family and social environment supervised by the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: This regime can be revoked by the judge, at the request of the Center Coordinator when there is reason for it, in
p.002014: consideration of technical team reports.
p.002014: In case of breach of this regime without sufficient and proven justification, in addition to the revocation of
p.002014: This benefit, the judge, at the request of the Center Coordinator, may declare the adolescent a fugitive.
p.002014: To access this regime, compliance with eighty percent of the measure is required
p.002014: socio-educational. At this stage the adolescent will appear periodically before the judge.
p.002014: Adolescents who run away from a center for offending adolescents will not be able to access this regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Article 384.- Application of socio-educational measures in contraventions.- For cases of
p.002014: contraventions, the warning measure will be applied to the adolescent and the parents' attention call and one or more of
p.002014: the following measures:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 101
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: a) Imposition of rules of conduct from one to three months.
p.002014: b) Orientation and psycho-family partner support from one to three months.
p.002014: c) Community services of up to one hundred hours.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 385.- Application of socio-educational measures in crimes sanctioned in the Comprehensive Organic Penal Code.
p.002014: The socio-educational measures applicable to crimes sanctioned in the Comprehensive Organic Penal Code are:
p.002014: 1. For cases of crimes punishable by a custodial sentence of more than one month to five years, the
p.002014: the warning measure and one or more of the following measures:
p.002014: a) Imposition of rules of conduct from one to six months.
p.002014: b) Orientation and psycho-family partner support from three to six months.
p.002014: c) Community services from one to six months.
p.002014: d) Freedom from three months to one year.
...
p.002014: general instruction and sociocultural and sports activities.
p.002014: 4. Integral health and permanent treatment.
p.002014: 5. The visiting regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER I
p.002014: THE TREATMENT
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 400.- Individual plan of application of the socio-educational measure.- For adolescents at liberty
p.002014: assisted, home hospitalization, weekend hospitalization, hospitalization with semi-open regime and
p.002014: institutional internment, individual plans of application of the socio-educational measure will be elaborated and executed,
p.002014: in accordance with the respective Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 401.- Programs.- The programs carried out in the centers will be framed in the following categories:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 106
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Education program that includes basic and higher, formal and informal instruction that contributes to the development of
p.002014: motor, psycho-affective and cognitive learning abilities and skills, in order to guarantee their access and
p.002014: permanence to the educational system.
p.002014: 2. Program to reduce violence and sexual assault.
p.002014: 3. Physical culture and sports program.
p.002014: 4. Cultural and artistic program.
p.002014: 5. Physical, sexual and mental health program.
p.002014: 6. Program of labor, productive and community service activities.
p.002014: 7. Crafts and plastic arts program.
p.002014: 8. Program that strengthens family ties.
p.002014: 9. Participation and human rights program.
p.002014: 10. Agricultural promotion and development program.
p.002014: 11. Programs and projects approved by the Ministry in charge of justice and rights affairs
p.002014: humans.
p.002014: 12. Others determined by the Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 402.- Record of program activities.- Each Center will keep a record of activities that the adolescent
p.002014: It is complying and its progress in them, according to its individualized program of
p.002014: application of the socio-educational measure, which will include the reports of the technical team, the
p.002014: comprehensive development evaluation, results, observations and recommendations that
p.002014: presented quarterly to the entity in charge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 403.- The adolescent's discharge from the center.- The approximate date of the adolescent's discharge is informed to their
...
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p.000069: NATIONAL CONGRESS
p.000069: In use of its constitutional and legal powers, issues the following: CODE OF CHILDREN AND ADOLESCENTS
p.000069: BOOK FIRST
p.000069: CHILDREN, GIRLS AND ADOLESCENTS AS SUBJECTS OF RIGHTS
p.000069: TITLE I DEFINITIONS
p.000069: Art. 1.- Purpose.- This Code provides for the integral protection that the State, society and the family must
p.000069: guarantee to all children and adolescents living in Ecuador, in order to achieve their integral development
p.000069: and the full enjoyment of their rights, within a framework of freedom, dignity and equity.
p.000069: To this end, it regulates the enjoyment and exercise of children's rights, duties and responsibilities,
p.000069: girls and adolescents and the means to make them effective, guarantee and protect them, in accordance with
p.000069: principle of the best interest of childhood and adolescence and the doctrine of comprehensive protection.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 2.- Protected subjects.- The rules of this Code are applicable to all human beings, from their
p.000069: conception until I am eighteen years old. By exception, it protects people who have reached that age, in
p.000069: the cases expressly contemplated in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 157 CIVIL CODE (BOOK I), Arts. 41
p.000069: Art. 3.- Supplementality.- In what is not expressly provided for in this Code, the other regulations will apply.
p.000069: of the internal legal order, that do not contradict the principles recognized in this Code and are
p.000069: more favorable for the enforcement of the rights of children and adolescents.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
...
p.000069: the effective exercise of all the rights of children and adolescents; and imposes on all
p.000069: administrative and judicial authorities and public and private institutions, the duty to adjust their
p.000069: decisions and actions for compliance.
p.000069: In order to appreciate the best interest, the need to maintain a fair balance between rights and
p.000069: duties of children and adolescents, in the way that best suits the realization of their rights and
p.000069: guarantee.
p.000069: This principle prevails over the principle of ethnic and cultural diversity.
p.000069: The best interests of the child is a principle of interpretation of this Law. No one may invoke it.
p.000069: against express norm and without previously listening to the opinion of the child or adolescent involved, who is in
p.000069: conditions to express it.
p.000069: Art. 12.- Absolute priority.- In the formulation and execution of public policies and in the provision of resources,
p.000069: absolute priority must be assigned to children and adolescents, who will also ensure preferential access to
p.000069: public services and any kind of attention they require.
p.000069: Special priority will be given to the care of children under the age of six.
p.000069: In the event of conflict, the rights of children and adolescents prevail over the rights of others.
p.000069: Art. 13.- Progressive exercise.- The exercise of rights and guarantees and compliance with the
p.000069: Duties and responsibilities of children and adolescents will be done progressively, according to their
p.000069: degree of development and maturity. Any restriction on the exercise of these rights and guarantees that is not
p.000069: expressly contemplated in this Code.
p.000069: Art. 14.- Application and interpretation more favorable to the child and adolescent.- No judicial authority or
p.000069: administrative may invoke lack or insufficiency of rule or express procedure to justify the violation or
p.000069: ignorance of the rights of children and adolescents.
p.000069: The rules of the legal system, the clauses and stipulations of acts and contracts involving children,
p.000069: girls or adolescents, or that refer to them, must be interpreted according to the principle of the best interest of the
p.000069: boy.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 18
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 169
p.000069: TITLE III
p.000069: RIGHTS, GUARANTEES AND DUTIES
p.000069: Chapter I
p.000069: General disposition
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 3
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 15.- Ownership of rights.- Children and adolescents are subjects of rights and guarantees
p.000069: and, as such, they enjoy all those that the laws contemplate in favor of people, in addition to those
p.000069: age specific.
p.000069: Foreign children and adolescents who are under the jurisdiction of Ecuador, will enjoy the
p.000069: Same rights and guarantees recognized by law to Ecuadorian citizens, with the limitations established in
p.000069: the Constitution and in the laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 13 CIVIL CODE (BOOK I), Arts. 43
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 9, 45, 61, 62
p.000069: Art. 16.- Nature of these rights and guarantees.- By their nature, the rights and guarantees of childhood and
p.000069: adolescence are of public order, interdependent, indivisible, inalienable and intransigible, except for
p.000069: exceptions expressly stated in the law.
p.000069: Art. 17.- Legal duty to denounce.- Every person, including the judicial authorities and
p.000069: administrative, that by any means is aware of the violation of a right of the child or adolescent,
p.000069: is obliged to report it to the competent authority, within a maximum period of forty-eight hours.
p.000069: Art. 18.- Enforceability of rights.- The rights and guarantees that the laws recognize in favor of the boy, girl and
p.000069: adolescent, they are powers whose observance and protection are required of people and organizations
p.000069: responsible for ensuring its effectiveness, in the way that this Code and other laws establish for that purpose.
p.000069: Art. 19.- Sanctions for violation of rights.- Violations of the rights of children and adolescents will be
p.000069: sanctioned in the manner prescribed in this Code and other laws, without prejudice to the corresponding reparation as
...
p.000069: sensory.
p.000069: Art. 29.- Obligations of the parents.- Corresponds to the parents and other persons in charge of the
p.000069: care of children and adolescents, provide health care that is within their reach and ensure the
p.000069: compliance with prescriptions, controls and medical and health provisions.
p.000069: Art. 30.- Obligations of health establishments.- Public and private health establishments,
p.000069: whatever their level, they are required to:
p.000069: 1. Provide emergency medical services to all children and adolescents who require them, without demanding payment
p.000069: advance or guarantees of any nature. This attention cannot be denied on the pretext of absence
p.000069: of the legal representative, the lack of financial resources, the lack of space, the cause or origin of the emergency or
p.000069: another similar circumstance;
p.000069: 2. Inform about the health status of the child or adolescent, their parents or
p.000069: representatives;
p.000069: 3. Maintain individual records stating the care and monitoring of pregnancy, childbirth and the puerperium; and
p.000069: updated records of the mother's personal data, permanent address and family references;
p.000069: 4. Identify newborns immediately after delivery, by registering their
p.000069: fingerprints and plantar prints and the mother's first name, last name, age and fingerprint; and
p.000069: issue the corresponding legal certificate for immediate registration in the Civil Registry;
p.000069: 5. Inform the parents in a timely manner of the legal requirements and procedures for the child's enrollment.
p.000069: or girl in the Civil Registry;
p.000069: 6. Guarantee the safe permanence of the newborn with his mother, until both are in
p.000069: health conditions that allow them to subsist safely outside the establishment;
p.000069: 7. Diagnosis and medical follow-up of children born with pathological problems or
p.000069: disabilities of any kind;
p.000069: 8. Inform the parents in a timely manner about the ordinary and special care they must provide to the newborn
p.000069: born, especially to children who have been found to have a disability;
p.000069: 9. Encourage the child to be fed through breastfeeding, at least until the first year of
p.000069: lifetime;
p.000069: 10. Provide a warm and quality treatment compatible with the dignity of the child and adolescent;
p.000069: 11. Immediately report to the authorities and competent bodies the cases of children and adolescents with
p.000069: signs of sexual abuse or abuse; and those in which the identity or address of
...
p.000069: Any form of sexual assault in educational establishments will be brought to the attention of the Agent
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
p.000069: that correspond in the educational field.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 10
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 42.- Right to education of children and adolescents with disabilities.- Children and adolescents
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
p.000069: Art. 43.- Right to cultural life.- Children and adolescents have the right to participate
p.000069: freely in all expressions of cultural life.
p.000069: In the exercise of this right they can access any public show that has been qualified
p.000069: as suitable for his age, by the competent authority.
p.000069: It is the obligation of the State and sectional governments to promote cultural, artistic and
p.000069: sports to which children and adolescents have access.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 22, 377
p.000069: Art. 44.- Cultural rights of indigenous and black or Afro-Ecuadorian peoples.- All care and
p.000069: care for children and adolescents of nationalities and indigenous peoples, black or Afro-Ecuadorian, shall
p.000069: respect the worldview, cultural reality and knowledge of their respective nationality or people and take into account their
p.000069: specific needs, in accordance with the Constitution and the law.
p.000069: Public and private care entities that provide services to such children and
p.000069: adolescents, must coordinate their activities with the corresponding entities of those nationalities or
p.000069: towns.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 45, 57, 58, 377
p.000069: Art. 45.- Right to information.- Children and adolescents have the right to search and choose
p.000069: information; and to use the different means and sources of communication, with the limitations
...
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
p.000069: crime, that they have pornographic images or content or that they harm the minor's education; and,
p.000069: g) Require the audiovisual media to announce with sufficient anticipation and sufficient
p.000069: notoriety, the nature of the information and programs they present, and the age rating for their audience.
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
p.000069: messages and programs that incite violence, exploit fear or take advantage of children's lack of maturity,
p.000069: girls and adolescents to induce them to behavior harmful or dangerous to their health and safety
p.000069: personal and everything that violates morality or modesty.
p.000069: In any case, the application of measures or decisions related to this guarantee must faithfully observe
p.000069: the provisions of the Regulation for the Control of the Discretion of Administration Acts
p.000069: Public, issued by the President of the Republic.
p.000069: Note: Literal b) amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18, 19
p.000069: Art. 48.- Right to recreation and rest.- Children and adolescents have the right to recreation, to
p.000069: rest, games, sports and more activities typical of each evolutionary stage.
p.000069: It is the obligation of the State and the sectional governments to promote and inculcate in children and
p.000069: adolescence, the practice of traditional games; create and maintain safe and accessible spaces and facilities,
p.000069: adequate, safe and free public programs and shows for the exercise of this right.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 12
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Educational establishments must have sports, recreational, artistic and cultural areas, and
p.000069: allocate sufficient budgetary resources to carry out these activities.
p.000069: The Municipalities will dictate regulations on public shows; while the Regulatory Council of
p.000069: Development of Information and Communication will dictate regulations on radio and television programs and the use of games
p.000069: and computer or electronic programs.
p.000069: Note: Fourth paragraph replaced by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 49.- Rules on access to public shows.- The entry of children and adolescents to the
p.000069: shows that have been rated as inconvenient for their age.
p.000069: Public shows suitable for children and adolescents will enjoy a special regime regarding
p.000069: taxes and fiscal and municipal contributions, which will be regulated by the respective authorities. Whether
p.000069: have organized exclusively for the benefit of protection establishments, they will enjoy tax exemption.
p.000069: In the shows referred to in the previous article, they will be admitted free of charge and
p.000069: children and adolescents belonging to protection establishments are compulsory.
p.000069: The companies responsible for the shows must offer the necessary safeguards and guarantee the
p.000069: measures in case of accident.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Chapter IV
p.000069: Protection rights
p.000069: Art. 50.- Right to personal integrity.- Children and adolescents have the right to have their
p.000069: personal, physical, psychological, cultural, emotional and sexual integrity. They may not be subjected to torture,
p.000069: cruel and degrading treatment.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 51.- Right to personal liberty, dignity, reputation, honor and image.- Children and adolescents have
p.000069: right to respect:
p.000069: a) Your freedom, with no limitations other than those established by law. Parents and those responsible for their care
p.000069: they will guide them in the exercise of this right; and,
p.000069: b) Their dignity, self-esteem, honor, reputation and self-image. They should be provided with warm and good relationships
p.000069: treatment based on the recognition of their dignity and respect for differences.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 13
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 52.- Prohibitions related to the right to dignity and image. It's prohibited:
p.000069: 1. The participation of children and adolescents in programs, advertising messages, in productions of
p.000069: pornographic content and in shows whose content is inappropriate for their age;
p.000069: 2. The use of children or adolescents in programs or shows of political proselytizing or
p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
...
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 42, 46
p.000069: Article 58.- Right of refugee children and adolescents.- Children and adolescents who request or
p.000069: Those who have been granted refugee status have the right to receive humanitarian protection and assistance
p.000069: necessary for the full enjoyment of your rights. The same right assists their parents and people
p.000069: in charge of your care.
p.000069: Chapter v
p.000069: Participation rights
p.000069: Art. 59.- Right to freedom of expression.- Children and adolescents have the right to
p.000069: express themselves freely, to seek, receive and disseminate information and ideas of all kinds, orally, in writing or
p.000069: any other means they choose, with the only restrictions imposed by law, public order, health or
p.000069: public morals to protect the security, rights and fundamental freedoms of others.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 18, 66
p.000069: Art. 60.- Right to be consulted.- Children and adolescents have the right to be
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 15
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: consulted on all matters that affect them. This opinion will be taken into account to the extent of their age and maturity.
p.000069: No child or adolescent may be forced or pressured in any way to express their opinion.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 61
p.000069: Art. 61.- Right to freedom of thought, conscience and religion.- The State guarantees, in favor of children,
p.000069: girls and adolescents, the freedoms of thought, conscience and religion, subject to limitations
p.000069: prescribed by law and necessary to protect the security, fundamental rights and freedoms of
p.000069: the rest.
p.000069: It is the right and duty of the parents and other persons in charge of their care, to guide the child
p.000069: or adolescent for the proper exercise of this right, according to their evolutionary development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 62.- Right to freedom of assembly.- Children and adolescents have the right to assemble publicly and
p.000069: peacefully for the promotion, defense and exercise of your rights and guarantees.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 63.- Right of free association.- Children and adolescents have the right to freely associate with
p.000069: lawful purposes. This right includes the possibility of adolescents to form associations without ends
...
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
p.000069: Art. 81.- Right to protection against labor exploitation.- Children and adolescents have
p.000069: the right to be protected by the State, society and the family against labor and economic exploitation and any
p.000069: form of slavery, servitude, forced or harmful work for your health, your physical, mental, spiritual development,
p.000069: moral or social, or that may hinder the exercise of their right to education.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 82.- Minimum age for work.- The minimum age for all types of
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 21
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p.000069: work, including domestic service, with the exceptions provided in this Code, plus laws and
p.000069: international instruments with legal force in the country.
p.000069: Violation of the provisions of the preceding paragraph does not free the employer from complying with labor obligations and
p.000069: social imposed by the employment relationship.
p.000069: The Ministry in charge of Labor Relations, ex officio or at the request of any public entity
p.000069: or private, may authorize minimum ages above the one indicated in the previous paragraph, in accordance with the
p.000069: established in this Code, the law and in the international instruments legally ratified by the
p.000069: Ecuador.
p.000069: Note: Third paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134, 146, 150
p.000069: Art. 83.- Eradication of child labor.- The State and society must elaborate and execute policies, plans,
p.000069: protection programs and measures aimed at eradicating the work of children and adolescents who do not
p.000069: they are fifteen years old. The family must contribute to the achievement of this objective.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134
p.000069: Art. 84.- Working day and education.- For no reason the working day of adolescents
p.000069: may exceed six hours a day for a maximum period of five days a week; and will be organized
p.000069: in a way that does not limit the effective exercise of your right to education.
p.000069: The parents of the adolescent who works, those responsible for their care, their employers and the people to
p.000069: Those who carry out a productive activity have the obligation to ensure that they finish their basic education
p.000069: and fulfill their academic duties.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 135, 136, 159
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 39, 46
p.000069: Art. 85.- Register of adolescent workers.- The Ministry of Labor will keep a registry of adolescents who
p.000069: they work by cantons, having to send the information periodically to the cantonal councils of Children and
p.000069: Adolescence.
p.000069: The regulation will establish the way of keeping said register and the data that must be registered.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 147, 148
p.000069: Art. 86.- Exception related to training work carried out as cultural practices.- The limitation
p.000069: of age indicated in article 82 will not be applied to the works considered as ancestral practices
p.000069: training, provided they meet the following conditions.
p.000069: 1. That they respect the adolescent's physical and psychological development, in the sense of being assigned
p.000069: only tasks commensurate with their abilities and evolutionary stage;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 22
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p.000069: 2. That they contribute to the formation and development of adolescent skills and abilities;
p.000069: 3. That they transmit cultural values ​​and norms in harmony with adolescent development; and,
p.000069: 4. That they develop within the scope and benefit of the community to which the adolescent or his family belongs.
p.000069: Art. 87.- Prohibited work.- Teen work is prohibited:
p.000069: 1. In mines, landfills, beds, quarries and extractive industries of any kind;
p.000069: 2. In activities that involve the manipulation of explosive, psychotropic, toxic, dangerous substances
p.000069: or harmful to your life, your physical or mental development and your health;
p.000069: 3. In brothels or tolerance zones, places of games of chance, sale of alcoholic beverages and others that may
p.000069: be inconvenient for the moral or social development of the adolescent;
p.000069: 4. In activities that require the use of dangerous machinery or that expose you to noise that exceeds the limits
p.000069: legal tolerance;
p.000069: 5. In an activity that may aggravate the disability, in the case of adolescents who have it;
p.000069: 6. In other activities prohibited in other legal bodies, including international instruments
...
p.000069: labor, social security and education; plus the specific rights contemplated in this Code.
p.000069: Art. 90.- Of the apprentices.- In the apprenticeship contracts there will be a clause on the mechanisms
p.000069: transfer to the adolescent of the knowledge of the trade, art or form of work. These contracts will not last
p.000069: more than two years, in the case of artisan work, and six months, in industrial work or other type of work.
p.000069: Employers will especially guarantee the exercise of the rights to education, health and rest of their
p.000069: apprentices.
p.000069: In no case shall the adolescent apprentice's remuneration be less than 80% of the remuneration corresponding to the
p.000069: adult for this type of work, art or trade.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 157, 158, 168
p.000069: Art. 91.- Domestic work.- Adolescents who work in domestic service will have the same
p.000069: rights and guarantees that adolescent workers in general.
p.000069: The employer will ensure the physical, psychological and moral integrity of the adolescent and will guarantee their
p.000069: rights to food, education, health, rest and recreation.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 262, 268, 269
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24, 39, 329
p.000069: Art. 92.- Training work.- Children and adolescents may carry out training activities that
p.000069: incorporate work as an important element in their comprehensive training. These activities must be carried out in
p.000069: conditions suitable for their age, capacity, physical state and intellectual development, respecting their values
p.000069: moral and cultural, their rights to rest, recreation and play.
p.000069: Programs that incorporate work with the purpose indicated in this article, will give priority to the demands
p.000069: pedagogical related to the integral development of the child or adolescent, over the productive objectives.
p.000069: Chapter III
p.000069: Work without dependency relationship
p.000069: Art. 93.- Self-employment.- The municipalities will grant, in their respective jurisdictions, the permits to
p.000069: that adolescents who have reached the age of fifteen carry out economic activities on their own behalf
p.000069: own, provided they are not those considered harmful or harmful or that are prohibited in
p.000069: this or other legal bodies.
p.000069: Each Municipality will keep a record of these authorizations and will control the development of activities
p.000069: authorized to adolescents.
p.000069: The adolescents authorized in accordance with the previous paragraph, will receive from the Municipality a work card that
p.000069: will provide the following benefits: free access to public shows determined by regulation,
p.000069: preferential access to protection programs such as soup kitchens, medical services, night shelters,
p.000069: free registration and exemption from other payments in the tax and municipal educational centers.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 24
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The Ministry in charge of Labor Relations will issue the Regulations for issuing the license
p.000069: and the regulation of the benefits it provides.
p.000069: Note: Fourth paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 35, 138
p.000069: Chapter IV
p.000069: Protection measures and work-related sanctions
p.000069: Art. 94.- Protection measures.- In cases of infringement of the provisions of this title, the judges and
p.000069: competent administrative authorities may order one or more of the following protection measures in favor
...
p.000069: 2. Ensure their education, at least at the basic and intermediate levels;
p.000069: 3. Instill values ​​compatible with respect for the dignity of the human being and the development of social coexistence
p.000069: democratic, tolerant, solidary and participatory;
p.000069: 4. Incentivize in them the knowledge, conscience, exercise and defense of their rights,
p.000069: claim the protection of said rights and their restitution, if applicable;
p.000069: 5. Stimulate and guide their cultural formation and development;
p.000069: 6. Ensure their participation in the decisions of family life, according to their evolutionary degree;
p.000069: 7. Promote the practice of recreational activities that contribute to the family unit, their physical health
p.000069: and psychological;
p.000069: 8. Apply preventive measures compatible with the rights of the child and adolescent; and,
p.000069: 9. Comply with the other obligations indicated in this Code and more laws.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 268, 273, 278 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 103.- Fundamental duties of sons and daughters.- Sons and daughters must:
p.000069: 1. Maintain a responsible and respectful behavior that provides their parents with the appropriate
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
p.000069: in case of illness, during the elderly and when they have a disability that does not allow them
p.000069: fend for themselves; and,
p.000069: 3. Collaborate in household chores, according to their age and development, as long as they do not interfere with their activities
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
p.000069: obligations of parents regarding their non-emancipated sons and daughters, regarding care, education, development
p.000069: comprehensive, defense of children's rights and guarantees in accordance with the Constitution and the law.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46, 69
p.000069: Art. 106.- Rules to entrust the exercise of parental authority.- To entrust parental authority in cases
p.000069: provided for in article 325 of the Civil Code, the Judge, after hearing the adolescent, the boy or girl who are in
p.000069: conditions to express their opinion will observe the following rules:
p.000069: 1.- What the parents agree will be respected as long as this does not harm the rights of the son or daughter;
p.000069: 2.- In the absence of agreement of the parents or if what is agreed by them is inconvenient for the best interest of the
p.000069: son or daughter of a family, the parental authority of those who have not reached twelve years of age will be entrusted to the mother,
p.000069: Unless it is proven that this damages the rights of the son or daughter;
p.000069: 3.- In the case of sons or daughters who have completed twelve years, parental authority will be entrusted to
p.000069: parent who shows greater emotional stability and psychological maturity and who are in better
p.000069: conditions to give the sons and daughters the dedication they need and a stable family environment for their
p.000069: integral development;
p.000069: 4.- If both parents demonstrate the same conditions, the mother will be preferred, provided that it does not affect the interest
p.000069: superior of the son or daughter;
p.000069: 5.- In no case will this power be entrusted to the father or mother who is in any of the causes of
p.000069: deprivation referred to in article 113; and,
p.000069: 6.- In case of lack or inability of both parents to exercise parental authority, the Judge will appoint
p.000069: a tutor according to the general rules.
p.000069: The opinion of sons and daughters under the age of twelve will be valued by the Judge, considering the degree of development of
p.000069: who issues it. That of adolescents will be mandatory for the Judge, unless it is manifestly harmful to
p.000069: its integral development.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 304, 305, 306, 307
p.000069: Art. 107.- Exercise of parental authority in case of subsequent recognition.- The recognition
p.000069: the son's or daughter's right gives the right to exercise parental authority.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 63, 247, 252
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 64
p.000069: Article 108.- Suspension of legal representation due to conflict of interest.- Representation is suspended
p.000069: legal in the case of acts, contracts or lawsuits in which there are or may exist conflicting interests
p.000069: between the son or the daughter and who or those who exercise it. In these cases, the parent or
p.000069: mother who is not in conflict of interest, or the special conservator appointed by the Judge if the interest
p.000069: disables them both.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 303, 304, 305, 306, 307
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 28
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 109.- Authorization to leave the country.- Ecuadorian and foreign children and adolescents
...
p.000069: Civil.
p.000069: Art. 2.- Of the right to maintenance.- The right to maintenance is inherent to the parental-filial relationship and is
p.000069: related to the right to life, survival and a decent life. It implies the guarantee of providing the
p.000069: resources necessary to satisfy the basic needs of food that includes:
p.000069: 1. Nutritious, balanced and sufficient food;
p.000069: 2. Comprehensive health: prevention, medical care and provision of medicines;
p.000069: 3. Education;
p.000069: 4. Beware;
p.000069: 5. Adequate clothing;
p.000069: 6. Safe, hygienic and equipped with basic services;
p.000069: 7. Transportation;
p.000069: 8. Culture, recreation and sports; and,
p.000069: 9. Rehabilitation and technical aids if the beneficiary has a temporary disability or
p.000069: definitive.
p.000069: Art. 3.- Characteristics of the right.- This right is non-transferable, non-transferable, inalienable,
p.000069: imprescriptible, unattachable and does not admit compensation or reimbursement of what was paid, except for pensions of
p.000069: foods that have been previously fixed and have not been paid and from mothers who have made expenses
p.000069: Antenatals that have not been previously recognized, cases in which they can be compensated and transmitted to the
p.000069: heirs.
p.000069: Art. 4.- Holders of maintenance rights.- They have the right to claim maintenance:
p.000069: 1. Girls, boys and adolescents, except the emancipated voluntarily who have their own income, to
p.000069: who will suspend the exercise of this right in accordance with this standard;
p.000069: 2. Adults or adults up to the age of 21 years who demonstrate that they are studying in
p.000069: any educational level that prevents or hinders them from engaging in a productive activity and lack resources
p.000069: own and sufficient; and,
p.000069: 3. People of any age, who have a disability or their physical or mental circumstances prevent them
p.000069: or makes it difficult to procure the means to subsist on their own, as stated in the respective certificate issued
p.000069: by the National Council on Disabilities CONADIS, or the health institution that may have heard of the case
p.000069: that for the purpose must be presented.
p.000069: Art. 5.- Obliged to provide food.- Parents are the main holders of the
p.000069: maintenance obligation, even in cases of limitation, suspension or deprivation of parental authority.
p.000069: In case of: absence, impediment, insufficient resources or disability of the principal,
p.000069: duly verified by the person who alleges it, the competent authority shall order that the provision of food be
p.000069: paid or completed by one or more of the following required subsidiaries, based on their ability
p.000069: economically and as long as they are not disabled, in order:
p.000069: 1. The grandparents;
p.000069: 2. Siblings who have reached the age of 21 and are not included in the cases of numerals two
p.000069: and three from the previous article; and,
p.000069: 3. The uncles / as.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 33
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p.000069: The competent authority, based on the order provided in the preceding paragraphs, in the degrees of kinship indicated,
p.000069: simultaneously and based on their resources, they will regulate the proportion in which said relatives will provide the pension
p.000069: alimony, until completing the total amount of the fixed pension or assuming it in its entirety, as the case may be.
p.000069: The relatives who have made the payment may exercise the action of repetition of the payment against the father and / or the
p.000069: mother.
p.000069: The judges will apply ex officio the international instruments ratified by Ecuador in order to
p.000069: guarantee the right to food of children and adolescents, daughters and sons of fathers or mothers
p.000069: that have migrated abroad, and will have all the necessary measures to ensure the effective collection of the
p.000069: pension.
p.000069: The central authority will act diligently to ensure respect for the rights of children and
p.000069: adolescents, and, will respond in case of negligence.
p.000069: Art. 6.- Procedural Legitimation.- They will be entitled to demand the provision of the maintenance right to
p.000069: in favor of a boy, girl or adolescent or people of any age who suffer from a physical disability or
p.000069: mental that prevents them from doing it by themselves:
p.000069: 1. The mother or father in whose care the son or daughter is and, in their absence, the person exercising their
p.000069: legal representation or who is in charge of your care; and,
p.000069: 2. Adolescents over 15 years of age.
p.000069: In order to present the demand, the attorney will not be required. The claimant will present it on the form
p.000069: that for this purpose the Judicial Council will design and publicize. If due to the complexity of the case, the judge or
p.000069: the procedural party considers that legal sponsorship is necessary, will provide for the participation of a public defender or
p.000069: from a private defender, respectively.
p.000069: Art. 7.- Provenance of the right without separation. - The alimony comes even in the cases in which the fed
p.000069: and the obligated coexist under the same roof.
p.000069: The members of the extended family that by virtue of a protection measure ordered by the competent authority or
p.000069: in the exercise of guardianship they are living with children and adolescents who are holders of the right
p.000069: of alimony, no subsidiaries of the alimony will be liable.
p.000069: Art. 8.- Moment from which the maintenance is due.- The maintenance is due from the
p.000069: presentation of the demand. The increase is due from the presentation of the corresponding
p.000069: incident, but its reduction is required only from the date of the resolution that declares it.
p.000069: Art. 9.- Provisional fixation of the alimony. - With the qualification of the claim, the Judge will fix a
p.000069: provisional pension according to the Table of Minimum Alimony that based on the criteria
p.000069: provided for in this law, will prepare the Ministry in charge of economic and social inclusion matters, without
...
p.000069: as follows:
p.000069: a) The constitution of usufruct rights, the receipt of a rental pension or other similar mechanism,
p.000069: that ensure income or other fruits sufficient for the due provision of food of the beneficiary; and,
p.000069: b) The direct payment or satisfaction by the obligor of the beneficiary's needs that
p.000069: determine the Judge.
p.000069: In the case of usufruct or the perception of the rental income from real estate, the Judge will verify
p.000069: that are not limited by other real or personal rights or affected by embargo,
p.000069: prohibition to alienate or encumber, antichresis or any other encumbrance or contract that affects or may prevent
p.000069: or hinder said enjoyment or perception. The resolution that decrees them will be registered in the Registry of the
p.000069: Property of the canton where the property is located.
p.000069: The beneficiary son or daughter shall not be obliged to prepare an inventory or pay the bond that the law requires the
p.000069: usufructuary.
p.000069: In no case shall the child or adolescent whose custody and care have been entrusted to the other parent be obligated
p.000069: or a third party, to live with the person who is obliged to provide food, on the pretext that it
p.000069: be a form of alimony in kind.
p.000069: Art. 15.- Parameters for the elaboration of the Table of Minimum Alimony Pensions.- The Ministry
p.000069: in charge of economic and social inclusion issues, will define the Minimum Alimony Plan based on
p.000069: the following parameters:
p.000069: a) The basic needs by age of the fed in the terms of the present Law;
p.000069: b) The income and resources of him or the supporters, valued in relation to their ordinary income
p.000069: and extraordinary, expenses typical of their way of life and their direct dependents;
p.000069: c) Structure, distribution of family spending and income of the food and beneficiaries; and,
p.000069: d) Inflation.
p.000069: In no case may the Judge set a lower value than that determined in the Pension Table
p.000069: Minimum Food. However, you may set a higher pension than that established therein, depending
p.000069: of the merit of the evidence presented in the process.
p.000069: The pensions established in the table will be automatically indexed within the first fifteen days
p.000069: of the month of January of each year, considering also the inflation index published by the National Institute of
p.000069: Statistics and Censuses, (INEC) in the month of December of the immediately previous year and in the same percentage in which
p.000069: increase the unified basic remuneration of the worker in general.
p.000069: In cases where the income of the father and mother do not exist or are insufficient to
p.000069: satisfy the needs of the rightful holder, the Judge at the request of a party, will dispose the other liable parties, the payment
p.000069: of part or all of the fixed amount, who may exercise the action
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 36
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p.000069: of repetition of the payment against the father and / or the mother, legally obliged to fulfill this benefit.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
...
p.000069: will prefer to any other obligation.
p.000069: Art. 31.- Interest for late payment.- The default interest rate set by the Central Bank of Ecuador or the entity will be applied.
p.000069: state in charge of doing it, for each day of delay in the payment of the provision of food.
p.000069: Art. 32.- Expiration of the right.- The right to receive maintenance is extinguished by any of the following
p.000069: Causes:
p.000069: 1. For the death of the right holder;
p.000069: 2. For the death of all those obliged to pay; and,
p.000069: 3. For having disappeared all the circumstances that generated the right to payment of maintenance according to this law.
p.000069: Art. 33.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000069: Tenure and parental authority must be processed by separate rope. Forbid the counterclaim.
p.000069: CHAPTER II
p.000069: Of the Procedure for the fixation and collection of alimony and survival pensions
p.000069: Art. 34.- The demand.- The demand will be presented in writing, at the domicile of the right holder and in the form
p.000069: that for this purpose the Council of the Judiciary draw up, which will be available on its website. The formula
p.000069: must comply with the requirements established in the Code of Civil Procedure and this law and also
p.000069: It will contain a box in which the claimant identifies the data of the persons who are obligated
p.000069: subsidiaries of the provision of food as determined in article 5 unnumbered of this law; for
p.000069: notifications will indicate court box and / or email address for notifications that
p.000069: correspond to the actor.
p.000069: The Judge who is aware of the lawsuit will maintain his jurisdiction in case the holder of the right
p.000069: He will come of age.
p.000069: In the form that contains the claim, the announcement of evidence that justify the relationship of filiation and
p.000069: kinship of the claimant as well as the financial condition of the provider and in case of having them, the
p.000069: will attach. If you require a court order to obtain evidence, you must request it on the claim form.
p.000069: The defendant may make evidence announcement up to 48 hours before the date set for the single hearing.
p.000069: Art. 35.- Qualification of the demand and summons.- The Judge will qualify the demand within the term of
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p.000069: two days after receipt; will set the provisional alimony based on the pension table;
p.000069: the summons shall be provided under precautions that if the defendant does not appear, he will proceed in default; and
p.000069: will summon the parties to a hearing, which will be set within a period of ten days from the
p.000069: citation date.
p.000069: The summons will be made in the manner provided in the Code of Civil Procedure, through a notary public or by
p.000069: single ballot of summons that will be delivered to the defendant if necessary, with the support of a member of the force
p.000069: public, who will establish the respective reason.
p.000069: In cases where the defendant's domicile is unknown, and who represents the
p.000069: rightful holder lacks the resources to do so, the Judicial Council will make a single publication
p.000069: monthly in the newspaper with the largest national circulation, being able to request a refund of what was paid, when the
p.000069: cited appear.
...
p.000069: modalities and, once perfected, is irrevocable. Any condition that is imposed by those who must
p.000069: giving your consent will be deemed not written, without affecting the validity of the adoption.
p.000069: Art. 155.- Prohibition of undue economic benefits.- Obtaining of undue economic benefits is prohibited.
p.000069: as a consequence of adoption. Who conditions the consent for the adoption to an economic consideration
p.000069: and whoever mediates in this matter for profit, will be sanctioned as provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248, 252
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 44
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 156.- Limitation on the separation of siblings.- Only in exceptional cases may they be separated, for
p.000069: cause of adoption, children or adolescent siblings who have family relationships with each other. When i will
p.000069: hiciere, the necessary measures must be taken to ensure that the personal relationship and communication are preserved
p.000069: among them.
p.000069: The opinion of the boy or girl who expresses the desire to stay with their siblings, as well as the verification of a
p.000069: affective bond between them, must be specially considered by the Judge as antecedents that make
p.000069: adoption not recommended. In the same case, the Judge may not order the adoption against the express will of the
p.000069: Teen.
p.000069: Art. 157.- Age of the adoptee.- Only people under the age of eighteen can be adopted. By exception, the
p.000069: adult adoption in the following cases:
p.000069: a) When they have a relationship of kinship with the candidate for adoption within the fifth degree of consanguinity;
p.000069: b) When they have been integrated into the home of the candidate for adoption in foster care for a period of not less than
p.000069: two years;
p.000069: c) When they have been integrated into the candidate's home since childhood, or since adolescence for a period of
p.000069: less than four years; and,
p.000069: d) When it comes to adopting the spouse's child.
p.000069: In no case may persons over the age of twenty-one be adopted.
p.000069: Article 158.- Legal capacity of the child or adolescent to be adopted.- The Judge may only declare that a child,
p.000069: girl or adolescent is in legal capacity to be adopted, when the investigations
p.000069: carried out is established without a doubt that it is found in any of the following cases:
p.000069: 1. Orphanhood with respect to both parents;
p.000069: 2. Impossibility of determining who are their parents or, where appropriate, their relatives up to the third degree of
p.000069: consanguinity;
p.000069: 3. Deprivation of parental authority to both parents; and,
p.000069: 4. Consent of the father, mother, or both parents, as appropriate, that would not have been
p.000069: deprived of parental authority.
p.000069: In the cases of numerals 1, 3 and 4 the Judge will declare the adoptability whenever, in addition to the circumstances
p.000069: described there, the child or adolescent lacks other relatives up to the third degree of consanguinity, or these
p.000069: are unable to permanently and stable assume their care and protection.
p.000069: The Judge who declares the adoptability of a child or adolescent must notify the Technical Unit of
p.000069: Adoptions of the respective jurisdiction, within a maximum period of ten days from the sentence
p.000069: was executed.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Article 159.- Requirements for adopters.- Candidates for adopters must meet the following requirements:
p.000069: 1. Be domiciled in Ecuador or in one of the states with which Ecuador has signed agreements of
p.000069: adoption;
p.000069: 2. Be legally capable;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 45
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p.000069: 3. Be in full exercise of political rights;
p.000069: 4. Be over twenty-five years old.
p.000069: 5. Have an age difference of not less than fourteen nor greater than forty-five years with the
p.000069: adopted. The minimum difference will be reduced to ten years when it comes to adopting the spouse's child or
p.000069: cohabiting, in cases of de facto union that meets legal requirements. These age limitations are not
p.000069: apply to cases of adoption between relatives. For couples, the age limits will apply
p.000069: to the spouse, or younger partner;
p.000069: 6. In the case of a couple of adopters, they must be heterosexual and have been together for more than three years, in marriage or
p.000069: de facto union that meets legal requirements;
p.000069: 7. Enjoy adequate physical and mental health to fulfill parental responsibilities;
p.000069: 8. Have indispensable economic resources to guarantee the adoptee the satisfaction of their needs
p.000069: basic; and,
p.000069: 9. Failure to record a criminal record for crimes punishable by imprisonment.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1462, 1463
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 73 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000061: 61
p.000061: Art. 160.- Adoption by the guardian.- The guardian can adopt the conservatee once he has legally ceased
p.000061: of his office and the accounts of his administration have been judicially approved.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 252
p.000061: Art. 161.- Necessary consents.- For the adoption the following are required
p.000061: consents:
p.000061: 1. Of the adolescent to be adopted;
p.000061: 2. The father and mother of the child or adolescent to be adopted, who have not been deprived
p.000061: of parental authority;
p.000061: 3. From the guardian of the child or adolescent;
p.000061: 4. Of the spouse or partner of the adopter, in cases of marriage or de facto union that meets the requirements
p.000061: legal; and,
...
p.000061: adoption must have the opinion of the child who is in a position to express it, and the adolescent in all
p.000061: the cases.
p.000061: The Judge will hear the relatives of the child or adolescent, the care entity involved and any person
p.000061: that can provide well-founded information on the inconvenience of the adoption or irregularities in the
p.000061: procedure used.
p.000061: Chapter II
p.000061: Administrative phase
p.000061: Art. 165.- Object of the administrative phase.- Every judicial adoption process will be preceded by a phase
p.000061: administrative which aims to:
p.000061: 1. Study and report on the physical, psychological, legal, family and social situation of the person who is going to
p.000061: be adopted
p.000061: 2. Declare the suitability of the candidates for adopters; and,
p.000061: 3. Assign, by administrative resolution, a family to a boy, girl or adolescent. This faculty
p.000061: it is exclusive to the corresponding Family Allowance Committee.
p.000061: Art. 166.- Prohibitions related to this phase.- It is prohibited:
p.000061: 1. The pre-allocation of a family to a child or adolescent, except in cases of difficult adoption,
p.000061: either due to illness, disability, age over 4 years or others duly justified; and,
p.000061: 2. The relationship of a child or adolescent before the legal declaration of adoptability, of the
p.000061: preparation, presentation and approval of the report on their physical, psychological, legal, family and social situation and
p.000061: of the declaration of suitability of the adopter.
p.000061: Officials of the Technical Adoption Unit, legal representatives or officials of the entities of
p.000061: Attention or the Judge, who breaches the prohibitions established in this article, will be sanctioned
p.000061: in accordance with this Code, without prejudice to administrative responsibilities,
p.000061: civil and criminal to which there may be.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000061: Art. 167.- Bodies in charge of the administrative phase.- Bodies in charge of the phase
p.000061: administrative are:
p.000061: 1. The Technical Adoption Units of the Ministry of Social Welfare; and,
p.000061: 2. The Family Allowance Committees.
p.000061: Art. 168.- Of the Technical Adoption Units.- Corresponds to the Technical Adoption Units:
p.000061: 1. Prepare or request and approve medical, psychological, legal, family and social reports related to the
p.000061: person to be adopted; and require any extensions or clarifications that are
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 47
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p.000061: necessary;
p.000061: 2. Study the adoption applications of the adopter candidates, evaluate the reports on the realization of
p.000061: adoptive parent training courses and declare their suitability;
p.000061: 3. Carry out the matching process provided by the Family Allowance Committees and present the
p.000061: respective reports;
p.000061: 4. Design and execute, directly or through authorized entities, the continuous process of
p.000061: adoptive parent training and post-adoption support services; and,
p.000061: 5. Regulate the procedures to guarantee that the child or adolescent is adopted by the person or persons
p.000061: best suited to your needs, characteristics and conditions. For this purpose, it will establish a system
p.000061: integrated national information that has a registry of the candidates for adopters and a registry of children,
p.000061: girls and adolescents fit for adoption.
p.000061: Any report required in the adoption process must be motivated and commit responsibility
p.000061: solidarity of the Technical Unit of Adoptions and the entity that prepared it.
p.000061: These reports and studies are reserved and must be filed and preserved in order to ensure this
p.000061: character. They can be accessed by the adoptee who has reached the age of eighteen, his adoptive parents and persons
p.000061: legitimized for the action of nullity of the adoption.
p.000061: Art. 169.- Refusal of adoption request.- In case the adoption request is denied by the respective
p.000061: Technical Adoption Unit, the applicant may file an administrative appeal with the Minister
p.000061: of Social Welfare.
p.000061: Art. 170.- Of the Family Allocation Committees.- The Family Allocation Committees will be integrated
p.000061: by three appointed members; two by the Ministry in charge of economic inclusion issues and
p.000061: social and one by the municipal government where each committee has jurisdiction.
p.000061: Each Committee will elect a President from its bosom.
p.000061: The Family Allocation Committees will be called by their President at the request of the respective Technical Unit of
p.000061: Adoptions. The representatives and technicians of the attention entities and the officials of the Unit
p.000061: Adoption Technician will attend the Committee meetings with the sole purpose of issuing their technical criteria.
p.000061: The jurisdiction of the Family Allowance Committees will be determined by the Ministry in charge of the affairs of
p.000061: economic and social inclusion in the act of its creation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 171.- Of the members of the Assignment Committees.- To be a member of the Assignment Committees
...
p.000061: pronounce within the established period.
p.000061: Art. 174.- The relationship.- Once the assignment has been made, the Family Assignment Committee will order the
p.000061: establishing an initial bond between the child or adolescent to be adopted and the candidate (s) to
p.000061: adopters, in order to check, in the practice of the relationship, if the allocation has been the most appropriate for
p.000061: the boy, girl or adolescent.
p.000061: For the relationship to take place it is necessary that both the candidate for adoption and the future adoptive family
p.000061: have received adequate preparation to assume the relationship they initiate.
p.000061: The relationship does not create rights or obligations for the adopter candidates with respect to the person to
p.000061: be adopted.
p.000061: Chapter III Judicial phase
p.000061: Art. 175.- Adoption trial.- The adoption trial will begin once the phase has concluded
p.000061: administrative, and will comply with the procedure indicated in Chapter IV, Title X, Book III of this Code.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 284, 285
p.000061: Art. 176.- Registration in the Civil Registry.- The sentence granting the adoption must be registered in the Registry
p.000061: Civil, so that the original birth registration is canceled, through a marginal annotation that accounts for the
p.000061: adoption, and a new registry is practiced in which this circumstance will not be mentioned.
p.000061: Art. 177.- Nullity of the adoption.- The adoption will be annulled by the Judge, in the following cases:
p.000061: 1. Falsity of the reports or documents necessary to grant it;
p.000061: 2. Non-observance of the age requirement of the adoptee according to article 157;
p.000061: 3. Lack of any of the requirements that the adopter must meet, according to article 159;
p.000061: 4. Omission or defect of the consents required by article 161; and,
p.000061: 5. Failure to comply with the requirement set forth in article 160 for adoption by the guardian.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CIVIL CODE (BOOK IV), Arts. 1467
p.000061: Art. 178.- The nullity action.- The nullity of the adoption may only be sued by the adoptee,
p.000061: by the persons whose consent was omitted, in the case of numeral 4 of the article
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 49
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p.000061: above, and by the Ombudsman.
p.000061: This action prescribes within two years from the registration of the adoption decision.
p.000061: in the Civil Registry.
p.000061: Those legitimized actively for the exercise of the nullity action have the right to access all
p.000061: the documents and information that on the particular case are necessary.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK III), Arts. 1389
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 75
p.000061: Art. 179.- Monitoring of adoptions.- During the two years following the adoption, the national adopters
p.000061: and the adopted children and adolescents will receive advice and orientation and will be subject to the control of the Unit.
p.000061: Adoption Technique or the care entities that it designates, in order to strengthen ties
p.000061: family that creates the adoption and ensure the full exercise of the rights of the adopted.
p.000061: Chapter IV
...
p.000061: groups of one or more children or adolescents;
p.000061: b) The knowledge and sanction of the infractions sanctioned with warning; and,
p.000061: c) The knowledge and sanction of the irregularities committed by the attention entities, it is up to
p.000061: the bodies that registered and authorized the offending entity.
p.000061: The knowledge and resolution of the matters indicated in paragraphs a) and b) correspond to the Cantonal Board of
p.000061: Protection of Rights of the canton where the threat, violation of law or infraction occurred.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 63
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Article 236.- Active legitimation.- Without prejudice to the power of the competent bodies to act ex officio and of the
p.000061: In cases where public action is granted, they can propose administrative protection action:
p.000061: 1. The affected child or adolescent;
p.000061: 2. Any member of your family, up to the fourth degree of consanguinity and second of affinity;
p.000061: 3. The Ombudsman's Office;
p.000061: 4. The Community Defenders; and,
p.000061: 5. Any other person or entity that has an interest in it.
p.000061: Art. 237.- Beginning of the procedure.- The administrative procedure for the protection of rights can be initiated from
p.000061: ex officio or by verbal or written complaint in which it will be indicated:
p.000061: 1. The organism before which he appears;
p.000061: 2. The names, surnames, age and address of the complainant and the quality in which he appears;
p.000061: 3. The most detailed identification possible of the affected child or adolescent;
p.000061: 4. The most detailed possible identification of the person or entity reported; and,
p.000061: 5. The circumstances of the denounced fact, indicating the right affected or the
p.000061: imputed irregularity.
p.000061: Within forty-eight hours of knowing the fact or receiving the complaint, the agency,
p.000061: The administrative officer will take notice and will set the day and time for the answering hearing.
p.000061: The summons for the hearing will be practiced personally or through a ballot left at home.
p.000061: of the aforementioned in business day and time.
p.000061: Art. 238.- Hearing.- The oral arguments of the parties will be heard at the hearing, beginning with the complainant,
p.000061: after which the adolescent, in any case, or the boy or girl who is in conditions of
p.000061: Express your opinion.
p.000061: The substantive body will then seek conciliation between the parties, if the nature of the matter so
p.000061: allows, in accordance with the law. Likewise, you can refer the case to a specialized center for
p.000061: mediation.
p.000061: If the parties reconcile, a protection measure will be established to promote relations between those affected
p.000061: and the mechanisms for evaluating and monitoring the measure will be determined. Otherwise, if there are facts that
p.000061: must be proven, the substantiating body will immediately convene a new hearing for the surrender of
...
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
p.000061: 5. Educational establishments that unjustifiably expel a child or adolescent,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 66
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: do not allow their right to defense and deny the guarantees of due process;
p.000061: 6. Educational establishments that impose unjustified disciplinary sanctions on a child or adolescent,
p.000061: do not allow their right to defense and deny the guarantees of due process; and,
p.000061: 7. Establishments and authorities that violate the exercise of the right to diversity or cultural identity.
p.000061: The payment of the fine does not exempt educational establishments from restoring the violated right.
p.000061: Art. 250.- Violations against the right to information.- They will be sanctioned with the fine indicated in the article
p.000061: previous:
p.000061: 1. The media, cinemas, theaters and public shows and those responsible for their programming, which
p.000061: comply with the obligation to announce, with due anticipation, the nature and age classification for the audience
p.000061: or enter their programs;
p.000061: 2. Media directors, video and recording editors, and manufacturers
p.000061: and merchants of products aimed at children or adolescents, whose publications,
p.000061: editions and packaging of products contravene the prohibitions contained in article 46;
p.000061: 3. Those responsible for establishments and shows, public or private, that admit boys, girls and
p.000061: teens to shows and shows not rated as age-appropriate; and,
p.000061: 4. People who promote or allow any form of participation, public or private, of children,
p.000061: girls and adolescents in programs, commercial messages and shows whose content is inappropriate for their age.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 251.- Infractions against the right to privacy and image.- They will be sanctioned with a fine
p.000061: indicated in article 248:
p.000061: 1. The media, those responsible for programming or editing, and journalists, who disseminate
p.000061: information that allows or enables the identification of a teenager involved in criminal prosecution, or
p.000061: from their relatives;
p.000061: 2. The media and persons indicated in the previous numeral, that publish or exhibit reports, voice or image or any
p.000061: data or information that allows the identification of a child or adolescent who has been the object of any form of
p.000061: sexual abuse or maltreatment;
p.000061: 3. Public officials who by any means, directly or indirectly, do or allow them to be done
p.000061: public the police or judicial records of the adolescents that have been investigated,
p.000061: prosecuted or deprived of their liberty for a criminal offense, in contravention of the provisions
p.000061: by article 53;
p.000061: 4. Those who use the image of a child or adolescent in any means of communication or advertising resource
p.000061: without the express authorization of the latter or his legal representative; and,
p.000061: 5. Natural or legal persons who distort, ridicule or exploit through any means the image of
...
p.000061: 3. The legal representatives of the attention entities that do not fulfill the obligations indicated in the
p.000061: Article 211. The same sanction shall be incurred, in cases of similar non-compliance, by natural persons who have
p.000061: his position a protection program;
p.000061: 4. Public officials, of the central and sectional administration, who do not send the information in a timely manner and
p.000061: documents that are required by the Cantonal Boards of Protection of Rights or the Municipalities, for the
p.000061: fulfillment of its functions;
p.000061: 5. The judge ministers, members of the Cantonal Councils for Children and Adolescents and of the Protection Boards
p.000061: of Rights and municipalities, judges and public officials, who refuse to hear a boy, girl or
p.000061: adolescent, who are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 6. Those who by any means put restrictions that prevent the exercise of the right of assembly and free association
p.000061: of a boy, girl or adolescent, outside the cases expressly allowed by law;
p.000061: 7. The members of the Public Ministry, the defenders of childhood and adolescence, the public defenders or the
p.000061: public defenders, lawyers, experts, secretaries, officers, and clerks of the courts and tribunals, who
p.000061: unreasonably delay the judicial procedures regulated in this Code;
p.000061: 8. Those who use or allow the use of children or adolescents who have not reached the age of sixteen, in
p.000061: political or religious proselytizing programs or shows;
p.000061: 9. Commercial establishments and people who sell alcoholic beverages and cigarettes to minors
p.000061: eighteen years;
p.000061: 10. Those who violate the right to association, assembly and demonstration of children and
p.000061: adolescents, in the terms enshrined in this Code; and,
p.000061: 11. Public officials who impede the right of children and adolescents to their identity and
p.000061: ID.
p.000061: Note: Number 7. reformed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 729
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 66, 362, 365
p.000061: Article 254.- Sanction to the judges for the delay in the processing of the processes.- Without prejudice to the
p.000061: civil, administrative or criminal responsibilities that correspond, will be sanctioned with a fine equivalent to three
p.000061: dollars for each business day or fraction of the day that exceeds the maximum time of substantiation of the trials and
p.000061: administrative procedures that know, in accordance with the provisions of this Code, the
p.000061: Judge Ministers of the Supreme Court and Superior Courts, the Judges of Children and Adolescents and the
p.000061: members of the Boards of Protection of Rights.
p.000061: In the case of judges, judges, civil servants and judicial servants, the infraction will be
...
p.000061: merits, whose aptitude test will include an evaluation of the candidate's knowledge and understanding
p.000061: about the principles and rules of this Code, Political Constitution, Convention on
p.000061: Rights of the Child and more international instruments in force on the rights and guarantees of children
p.000061: and adolescents.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 170
p.000061: Chapter III
p.000061: The judicial action for protection
p.000061: Art. 264.- Purpose and nature.- The judicial action for protection aims to obtain a
p.000061: judicial order for the protection of the collective and diffuse rights of children and
p.000061: adolescence, and consists in the imposition of a certain behavior of action or omission, of possible
p.000061: compliance, directed to the person or entity required, with the precautions provided by law.
p.000061: Art. 265.- Active legitimation. - The following may propose legal action for protection:
p.000061: a) The Rights Protection Boards, in cases of threats or violations of rights produced in their
p.000061: respective jurisdiction;
p.000061: b) The Ombudsman's Office; and,
p.000061: c) Any person over the age of fifteen who has an interest in it.
p.000061: For the action of literal c), the sponsorship of a lawyer will be required.
p.000061: Art. 266.- Competent body.- Knowledge and resolution of the judicial action for protection
p.000061: corresponds to the Judge of Children and Adolescents of the jurisdiction in which the violation of the right has occurred, in
p.000061: the domicile of the defendant or that of the plaintiff, at the latter's choice.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 45, 48 CODE OF CIVIL PROCEDURE, Arts. 26
p.000061: Art. 267.- Procedure.- The summary procedure that guarantees the contradiction will be applied to this action.
p.000061: procedural, due process guarantees and the right to effective judicial protection.
p.000061: Chapter IV Legal proceedings
p.000061: First Section
p.000061: Special rules for the investigation of the Police and the Technical Office
p.000061: Art. 268.- Investigation.- This Code regulates the investigation of the Police and the Technical Office for Children and the
p.000061: Adolescence for the substantiation of research aimed at:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 71
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p.000061: 1. Locate children and adolescents deprived of their family environment, presumably lost, disappeared or
p.000061: plagiarized; and,
p.000061: 2. Identify and locate the places of residence of the father, mother or relatives within the third
...
p.000061: whose resolution is the exclusive competence of the Judge of Children and Adolescents and
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 72
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: in which an actively legitimized person raises a legal claim.
p.000061: Matches:
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 62
p.000061: Art. 272.- The demand and the summons.- The demand must meet the requirements contemplated in article 71 of the Code
p.000061: of Civil Procedure and the Judge will qualify it within the forty-eight hours following the presentation of the
p.000061: same.
p.000061: In his first ruling the Judge will classify it and, if he meets the legal requirements, he will accept it for processing, case
p.000061: Otherwise it will be ordered to complete it as provided in article 73 of the aforementioned Code.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 66, 73
p.000061: Art. 273.- Conciliation and reply hearing.- The conciliation hearing will be conducted
p.000061: personally by the Judge, who will initiate it promoting in the parties a conciliatory settlement that, if any, will be
p.000061: approved at the same hearing and will end the trial.
p.000061: If no conciliation occurs, the Judge will immediately hear the parties' rebuttals and counter-rebuttals, beginning
p.000061: for the defendant's answer, who, after the plaintiff's argument, will have the opportunity to make a brief
p.000061: replica. After the allegations have been concluded, the opinion of the adolescent, necessarily, or of the child or
p.000061: girl who is of age and conditions to lend it.
p.000061: Before closing the hearing, the Judge will insist on a conciliation of the parties; if there is not and there are facts that
p.000061: must be proven, it will call the evidence hearing that must be held not earlier than fifteen nor after twenty days
p.000061: counted from the date of the signaling.
p.000061: Art. 274.- Provisional resolution.- In lawsuits on parental authority, provision of maintenance and
p.000061: visitation regime, the judge will necessarily make a provisional determination on the claim of the
p.000061: plaintiff, in the same hearing that the previous article deals with. If there is agreement of the
p.000061: parents in this regard, will end the trial.
p.000061: This fixation may be modified in the manner indicated in article 278.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 355
p.000061: Art. 275.- Evidence hearing.- In the evidence hearing, actor and defendant, in the same order, will present the
p.000061: evidentiary means that would have been duly announced, beginning with the examination of the witnesses, which may be
p.000061: questioned by the defenders of both parties, and the reports of the technicians, who must respond to the
p.000061: observations and requests for clarification or extension that they make.
p.000061: By the Clerk of the Court, a summary reading of the documents added by the parties and of the official documents will be given.
p.000061: reports that have been received.
p.000061: The interrogations of the defense attorneys will be made directly to the witnesses, experts and
p.000061: counterparty, without the need for mediation by the Judge, who may only object, ex officio or at the request of a party, the
...
p.000061: law and if the file has been attached with the previous actions of the respective Technical Adoption Unit with
p.000061: the other documents. If from the examination of the documents attached to the complaint, I find that the
p.000061: presuppositions of the adoptability of the child or adolescent; the requirements for the qualification of candidates for
p.000061: adopters and the allocation phase meets all the requirements provided by law, the judge will qualify the demand and
p.000061: will provide the recognition of signature and heading of the plaintiffs.
p.000061: In case of any violation of the administrative procedure, if any of its phases had been omitted
p.000061: or the documents are incomplete, the Judge will grant three days to complete the demand.
p.000061: It is the Judge's obligation to notify this order to the respective Technical Adoption Unit.
p.000061: Art. 285.- Hearing.- Once the signature and signature recognition has been made, the official judge will summon the candidates to
p.000061: adopters at a hearing to be held within the next five business days from
p.000061: the notification of the order that summons it; the audience must personally attend the
p.000061: Candidates for adopters, the child who is in a position to express their opinion or the adolescent.
p.000061: The hearing will begin with the manifestation of the will of the adoptive candidates to adopt. Then
p.000061: the judge will question them to verify their knowledge of the legal and social consequences of the
p.000061: adoption. After that, he will listen privately to the boy or girl to be adopted who is in a condition of age and
p.000061: development to express your opinion. If it is a teenager, your consent will be required, according to what
p.000061: provided in article 164 of this Code.
p.000061: Concluded the hearing, will pronounce sentence in the form prescribed in article 277 of this Code against which
p.000061: the appeal will proceed before the Superior Court of the district.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 273, 274, 323
p.000061: Art. 286.- Verification of identities and causes of appearance.- The Judge will verify with the instruments
p.000061: relevant public, the identity of relationship or appointment of guardian, as the case may be, of the
p.000061: persons who appear under the provisions of articles 163 and
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 75
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 166 of this Code.
p.000061: If you have doubts about the paternity or maternity of the person or parties, you can order the practice
p.000061: Comparative Examination of Deoxyribonucleic Acid (DNA) Bands or Sequence Patterns
p.000061: of the child or adolescent to be adopted and of those who present themselves as parents. If these
p.000061: The latter refuse Unjustifiably to the practice of the exam, consent will be considered denied. If the negatives
p.000061: are founded on lack of economic resources to cover their costs, the procedure provided in the
p.000061: rule 4 of article 131 of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 16, 24 CIVIL CODE (BOOK I), Arts. 253
...
p.000061: for the Protection of Children and Adolescents.-
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 77
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 300.- Of the National Fund for the Protection of Children and Adolescents.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 301.- Of the sources of resources.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 302.- Of municipal funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 303.- Of the administration of the funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Article 304.- Of the sources of resources of the municipal funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: BOOK FOUR
p.000061: RESPONSIBILITY OF THE ADOLESCENT OFFENDER
p.000061: TITLE I
p.000061: GENERAL DISPOSITION
p.000061: Art. 305.- Unimputability of adolescents.- Adolescents are criminally imputable and, therefore,
p.000061: they will not be judged by ordinary criminal judges nor will the sanctions provided for in the criminal laws be applied to them.
p.000061: Art. 305-A.- Verification of age and identity. The verification of the age and identity of the
p.000061: adolescents will be held before the first hearing, for which they will resort to:
p.000061: 1. Any public identification document; or,
p.000061: 2. The pertinent scientific evidence carried out by an expert.
p.000061: In case of adolescent refusal to carry out the scientific test, the prosecutor will request a court order to
p.000061: the practice of expertise guaranteeing due process.
p.000061: In no case will the deprivation of liberty be decreed for the purposes of verifying age or identity.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 306.- Responsibility of adolescents.- Adolescents who commit offenses typified in the
p.000061: Organic Comprehensive Criminal Code will be subject to socio-educational measures for their responsibility in accordance with the
p.000061: precepts of this Code.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 78
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 307.- Non-imputability and exemption of responsibility of boys and girls.- Boys and girls are absolutely
p.000061: they are not imputable and neither are they responsible; therefore, they are not subject to judgment or
p.000061: socio - educational measures contemplated in this Code.
p.000061: If a boy or girl is surprised in cases that may be considered flagrancy according to the article
p.000061: 326, will be delivered to their legal representatives and, if they do not have them, to a service entity. It's prohibited
p.000061: his detention and preventive internment.
p.000061: When the need to take protective measures arises from the circumstances of the case, these will be taken
p.000061: respecting the conditions and requirements of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000061: Art. 308.- Principle of legality.- Adolescents may only be tried for acts considered
p.000061: as crimes by the Organic Comprehensive Criminal Code prior to the fact attributed to it and according to the
...
p.000061: regularly to the judge about the adolescent's behavior;
p.000061: 3. The obligation to appear before the Judge with the periodicity that the latter orders;
p.000061: 4. The prohibition to be absent from the country or town indicated by the Judge;
p.000061: 5. The prohibition to attend the places or meetings determined by the Judge;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 82
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 6. The prohibition to communicate with certain people that the Judge indicates, provided that this does not affect their right to
p.000061: family environment and adequate defense; and,
p.000061: 7. Deprivation of liberty, in the exceptional cases indicated in the following articles.
p.000061: Art. 325.- Conditions for the precautionary measure of deprivation of liberty.- To ensure immediate
p.000061: of the adolescent with the process, he may proceed to his detention or his preventive internment, with attachment to
p.000061: the following rules:
p.000061: 1. Detention only proceeds in the cases of articles 328 and 329, by written and motivated order of a competent judge;
p.000061: 2. Adolescents deprived of liberty will be taken to adolescent detention centers
p.000061: offenders who guarantee their safety, well-being and rehabilitation;
p.000061: 3. Any form of solitary confinement for a teenager deprived of liberty is prohibited; and,
p.000061: 4. In any case of deprivation of liberty, the age of the person affected must be verified and, in cases of doubt, it will be applied
p.000061: the presumption of article 5 and will be subject to the provisions of this Code until said presumption is destroyed
p.000061: according to law.
p.000061: The official who contravenes the provisions of this article will be removed from office by the
p.000061: corresponding authority.
p.000061: Art. 326.- Reasons for apprehension.- Police officers and anyone can apprehend a teenager:
p.000061: a) When he is caught in flagrant infraction of public action. There is flagrancy when it is apprehended
p.000061: to the author at the same moment of the commission of the offense or immediately after its commission, if it is
p.000061: apprehended with weapons, instruments, prints or documents related to the offense just committed;
p.000061: b) When you have escaped from a specialized detention center in which you were complying with a partner measure -
p.000061: educational; and,
p.000061: c) When the competent Judge has ordered the deprivation of liberty.
p.000061: No adolescent may be detained without a trial formula for more than twenty-four hours. Elapsed
p.000061: said period without being resolved on his arrest, the Coordinator or person in charge of the Internment Center will set it
p.000061: immediately released.
p.000061: No child may be detained, even in the event of a flagrant offense. In this event, it must be delivered from
...
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 8 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 328.- Detention for investigation.- The competent Judge may order the detention, for up to twenty-four hours,
p.000061: of an adolescent against whom there are reasonable presumptions of responsibility for illegal acts, when
p.000061: requested by the Prosecutor, in order to investigate a public action violation and justify that it is
p.000061: the presence of the adolescent is essential for this.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 329.- Detention to ensure the appearance.- The Prosecutor may request the Judge to order the arrest of a
p.000061: adolescent, for up to twenty-four hours, to ensure their appearance at the trial hearing.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 330.- Preventive internment.- The judge may only order the preventive internment of an adolescent in
p.000061: the following cases, provided there are sufficient indications of the existence of an infringement of public action
p.000061: and its authorship and complicity in the infraction investigated:
p.000061: a) Of the adolescents who do not turn fourteen years of age, in the trial of theft crimes with the result of
p.000061: death, homicide, murder, femicide, hit man, rape, extortive kidnapping, genocide, against humanity and
p.000061: organized crime.
p.000061: b) Of the adolescents who turn fourteen years old, in the trial of crimes sanctioned in the Organic Code
p.000061: Integral Penal with deprivation of liberty of more than five years.
p.000061: The preventive internment can be revoked at any time, ex officio or at the request of a party.
p.000061: Note: Literals a) and b) replaced by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 331.- Duration of the preventive internment.- The preventive internment may not exceed ninety days,
p.000061: after which the official responsible for the establishment in which he has been interned, will release the
p.000061: teenager immediately and without the need for a prior court order.
p.000061: Failure to comply with this provision by said official will be sanctioned with dismissal
p.000061: of the position, without prejudice to his criminal and civil liability.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 84
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 332.- Precautionary measures of patrimonial order.- To ensure civil liability, the Judge may order the
p.000061: kidnapping, retention or prohibition of alienating assets of the adolescent's professional property, in accordance with
p.000061: the law; or their legal representatives or people in charge of their care, in the terms of the Civil Code referring to
p.000061: bail.
...
p.000061: of criminal offenses typified in the Organic Comprehensive Criminal Code in accordance with article 319
p.000061: of this code.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 371.- Purpose of the socio-educational measures.- The socio-educational measures are intended to
p.000061: protection and development of adolescent offenders, guarantee their education, family integration and
p.000061: constructive inclusion to society, as well as promoting the exercise of the other rights of the
p.000061: person in accordance with the Constitution, international instruments ratified by Ecuador and this
p.000061: Book.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 372.- Classes of socio-educational measures.- The socio-educational measures are:
p.000061: 1. Deprivation of liberty.
p.000061: 2. Not custodial.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 373.- Appreciation of age.- For the imposition of socio-educational measures, the
p.000061: age of the adolescent at the date of the offense.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 374.- Competent authority.- Judges specialized in offending adolescents are competent
p.000061: for the jurisdictional control of the execution of the socio-educational measures that are applied.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 375.- Assistance after the fulfillment of the socio-educational measure.- The State through
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 98
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: The different public institutions are responsible for providing adolescents with social assistance and
p.000061: psychological after compliance with the socio-educational measure, by entities
p.000061: specialized, whose monitoring and evaluation corresponds to the Ministry in charge of justice and
p.000061: human rights, according to the time it deems necessary.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 376.- Agreements.- For the fulfillment of socio-educational measures, the State may subscribe
p.000061: agreements with public or private entities that guarantee compliance with the objectives and conditions
p.000061: indicated in this Book.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
...
p.002014: 2014
p.002014: Art. 378.- Non-custodial socio-educational measures.- Non-custodial socio-educational measures
p.002014: freedom that can be imposed are:
p.002014: 1. Warning: it is a verbal attention call made directly by the judge, to the adolescent; already
p.002014: their parents or legal representatives or those responsible for their care so that the illegality of the actions is understood.
p.002014: 2. Imposition of rules of conduct: it is the fulfillment of certain obligations and
p.002014: restrictions so that the illegality of the actions is understood and the behavior of each adolescent is modified, to
p.002014: in order to achieve integration into their family and social environment.
p.002014: 3. Orientation and psycho-family partner support: it is the obligation of the adolescent and his parents,
p.002014: legal representatives or those responsible for your care, to participate in family counseling and support programs to
p.002014: achieve adolescent adaptation to their family and social environment.
p.002014: CODE OF CHILDHOOD AND ADOLESCENCE - Page 99
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 4. Service to the community: they are concrete activities of community benefit imposed by the judge,
p.002014: so that the adolescent can carry them out without undermining their integrity and dignity, or affecting their
p.002014: academic or work obligations, taking into account their age, aptitudes, abilities and skills,
p.002014: and the socio-educational benefit they report.
p.002014: 5. Assisted freedom: is the state of freedom conditioned on compliance with guidelines and restrictions
p.002014: of conduct set by the judge, subject to guidance, assistance, supervision and evaluation,
p.002014: forcing the adolescent to comply with educational programs, receive orientation and follow-up, with the
p.002014: assistance from specialists and people with knowledge or skills in the treatment of adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Jurisprudence:
p.002014: Judicial Gazette, TRIAL FOR QUALIFIED THEFT, Apr 26, 2012
p.002014: Art. 379.- Socio-educational measures depriving liberty.- The socio-educational measures depriving liberty are:
p.002014: 1. Home internment: it is the partial restriction of freedom by which the adolescent does not
p.002014: You can leave your home, except to attend the establishment of studies, health and work.
p.002014: 2. Weekend confinement: is the partial restriction of liberty by virtue of which the
p.002014: adolescent will be required to attend weekends at the Center for Teenage Offenders, allowing him
p.002014: maintain family relationships and normally go to the establishment of studies or work.
...
p.002014: Judge will impose the measure of assisted liberty or home confinement for the remaining time of the
p.002014: initial measure.
p.002014: In case of non-compliance with the socio-educational measures of assisted freedom, home internment,
p.002014: weekend internment and semi-open internment, the judge will impose the measure
p.002014: immediately superior socio-educational for the remaining time of the initial measurement.
p.002014: When the teenager runs away from the establishment, he will be prosecuted for the crime of evasion, without prejudice
p.002014: that when apprehended again the missing time of the initial measure will be fulfilled.
p.002014: The Coordinator will present to the judge the reports of non-compliance with the measure, issued by the technical team of the
p.002014: Center for adolescent offenders or the zonal Unit for the comprehensive development of adolescent offenders, who then
p.002014: if this non-compliance is duly verified for reasons attributable to the adolescent, the superior measure will be imposed.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 388.- Continuity of compliance with socio-educational measures for adults.
p.002014: sentenced upon reaching the age of majority will continue with the imposed socio-educational measure. If it is a
p.002014: deprivation of liberty socio-educational measure, will remain in a special section in the same
p.002014: Teenage offenders.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 389.- Emerging exits.- The adolescent is guaranteed emergent exit from the center of
p.002014: institutional internment for:
p.002014: a) Receive specialized medical attention, when it cannot be provided at the center.
p.002014: b) Attend the burial of their ascendants or descendants in the first degree, their spouse or partner in common law, as well
p.002014: as if to visit them in their bed of serious illness.
p.002014: In these cases, the exits will be carried out under the supervision of the Specialized Police for Children and
p.002014: Adolescence, which will be responsible for returning the adolescent to the center, once the need has been met.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 390.- Comprehensive care model.- Socio-educational measures must be progressively fulfilled according to the
p.002014: individualized program and the guidelines of the comprehensive care model provided by the Regulations issued
p.002014: for its effect.
p.002014: The comprehensive care model is developed on five axes:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 103
...
p.002014: adolescent's situation, selecting and assigning the private or public institution that has the program,
p.002014: professionals and necessary equipment that ensures the execution of the non-custodial socio-educational measure.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 392.- Compulsory registration of the offending adolescents.- In the adolescent Centers
p.002014: offenders and in the zonal units of comprehensive development of young offenders, a record of
p.002014: each adolescent in order to facilitate specialized treatment for their comprehensive development. Measures fulfilled
p.002014: imposed socio-educational, this record will be deleted.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 393.- Sections of the offending Teen Centers.- The offending Teen Centers
p.002014: They are separated into the following sections:
p.002014: 1. Section of provisional internment for adolescents who enter as a result of a precautionary measure.
p.002014: 2. Orientation and support section for the fulfillment of socio-educational measures of
p.002014: weekend internment and semi-open regime internment.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 104
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 3. Internment section for the fulfillment of socio-educational institutional internment measures
p.002014: closed regime.
p.002014: Within the sections determined in numerals 2 and 3 there will be four subsections:
p.002014: a) Adolescents under the age of fifteen.
p.002014: b) Adolescents between fifteen and eighteen years of age.
p.002014: c) Those over eighteen years of age and up to twenty-four years.
p.002014: d) Those over twenty-four years of age.
p.002014: The Center coordinator will take care of the proper preparation for the transition in each of these
p.002014: subsections.
p.002014: All specialized care sections will have adequate living, communal and living areas for the
p.002014: development of activities and programs.
p.002014: The centers of adolescent offenders will only host adolescents of the same sex. In the cities where not
p.002014: there are centers separated by sex, adolescents can be accommodated, provided the environments are fully
p.002014: separated.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 394.- Admission.- An adolescent will only enter the Center for adolescent offenders with authority order
p.002014: competent or for having been arrested for a flagrant crime.
p.002014: Teens detained for research will be admitted to an existing temporary reception section
p.002014: throughout the Teenage Offender Center.
p.002014: From the moment the adolescent enters the Center, they will be informed in a clear and simple way about their rights,
p.002014: duties, rules and routines of coexistence in the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 395.- Compulsory health examination.- Adolescents will undergo a medical examination at the time of their admission and
p.002014: of their departure from the centers of adolescent offenders and they will be provided, if necessary, care and treatment
p.002014: doctor.
...
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p.000069: enforceability of all children's rights; girls and adolescents.
p.000069: The State and society will formulate and apply social and economic public policies; and they will allocate resources
p.000069: sufficient financial resources, in a stable, permanent and timely manner.
p.000069: Art. 9.- Basic function of the family.- The law recognizes and protects the family as the natural and fundamental space
p.000069: for the integral development of children and adolescents.
p.000069: Priority corresponds to the father and the mother, the shared responsibility of respect, protection and
p.000069: childcare and promotion, respect and enforcement of their rights.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 220, 268
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 2
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 10.- Duty of the State to the family.- The State has the priority duty to define and execute policies,
p.000069: plans and programs that support the family to fulfill the responsibilities specified in the
p.000069: previous article.
p.000069: Jurisprudence:
p.000069: Judicial Gazette, AMOUNT AND FORM OF FOOD SUPPLY, Feb 14, 2007
p.000069: Art. 11.- The best interest of the child.- The best interest of the child is a principle that is aimed at satisfying
p.000069: the effective exercise of all the rights of children and adolescents; and imposes on all
p.000069: administrative and judicial authorities and public and private institutions, the duty to adjust their
p.000069: decisions and actions for compliance.
p.000069: In order to appreciate the best interest, the need to maintain a fair balance between rights and
p.000069: duties of children and adolescents, in the way that best suits the realization of their rights and
p.000069: guarantee.
p.000069: This principle prevails over the principle of ethnic and cultural diversity.
p.000069: The best interests of the child is a principle of interpretation of this Law. No one may invoke it.
p.000069: against express norm and without previously listening to the opinion of the child or adolescent involved, who is in
p.000069: conditions to express it.
p.000069: Art. 12.- Absolute priority.- In the formulation and execution of public policies and in the provision of resources,
p.000069: absolute priority must be assigned to children and adolescents, who will also ensure preferential access to
p.000069: public services and any kind of attention they require.
p.000069: Special priority will be given to the care of children under the age of six.
p.000069: In the event of conflict, the rights of children and adolescents prevail over the rights of others.
p.000069: Art. 13.- Progressive exercise.- The exercise of rights and guarantees and compliance with the
p.000069: Duties and responsibilities of children and adolescents will be done progressively, according to their
p.000069: degree of development and maturity. Any restriction on the exercise of these rights and guarantees that is not
p.000069: expressly contemplated in this Code.
p.000069: Art. 14.- Application and interpretation more favorable to the child and adolescent.- No judicial authority or
p.000069: administrative may invoke lack or insufficiency of rule or express procedure to justify the violation or
p.000069: ignorance of the rights of children and adolescents.
p.000069: The rules of the legal system, the clauses and stipulations of acts and contracts involving children,
p.000069: girls or adolescents, or that refer to them, must be interpreted according to the principle of the best interest of the
p.000069: boy.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 18
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 169
p.000069: TITLE III
p.000069: RIGHTS, GUARANTEES AND DUTIES
p.000069: Chapter I
p.000069: General disposition
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 3
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 15.- Ownership of rights.- Children and adolescents are subjects of rights and guarantees
p.000069: and, as such, they enjoy all those that the laws contemplate in favor of people, in addition to those
p.000069: age specific.
p.000069: Foreign children and adolescents who are under the jurisdiction of Ecuador, will enjoy the
p.000069: Same rights and guarantees recognized by law to Ecuadorian citizens, with the limitations established in
p.000069: the Constitution and in the laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 13 CIVIL CODE (BOOK I), Arts. 43
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 9, 45, 61, 62
p.000069: Art. 16.- Nature of these rights and guarantees.- By their nature, the rights and guarantees of childhood and
p.000069: adolescence are of public order, interdependent, indivisible, inalienable and intransigible, except for
p.000069: exceptions expressly stated in the law.
p.000069: Art. 17.- Legal duty to denounce.- Every person, including the judicial authorities and
p.000069: administrative, that by any means is aware of the violation of a right of the child or adolescent,
p.000069: is obliged to report it to the competent authority, within a maximum period of forty-eight hours.
p.000069: Art. 18.- Enforceability of rights.- The rights and guarantees that the laws recognize in favor of the boy, girl and
p.000069: adolescent, they are powers whose observance and protection are required of people and organizations
p.000069: responsible for ensuring its effectiveness, in the way that this Code and other laws establish for that purpose.
p.000069: Art. 19.- Sanctions for violation of rights.- Violations of the rights of children and adolescents will be
p.000069: sanctioned in the manner prescribed in this Code and other laws, without prejudice to the corresponding reparation as
p.000069: consequence of civil liability.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000069: Chapter II
p.000069: Survival rights
p.000069: Art. 20.- Right to life.- Children and adolescents have the right to life from their
p.000069: conception. It is the obligation of the State, society and the family to ensure by all means at their disposal, their
p.000069: survival and development.
p.000069: Genetic and medical experiments and manipulations from fertilization of the ovum to the birth of
p.000069: boys, girls and adolescents; and the use of any technique or practice that endangers your life or affects your
p.000069: integrity or comprehensive development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 23, 49
...
p.000069: Exceptionally, when this is impossible or contrary to their best interests, children and adolescents
p.000069: they have the right to another family, in accordance with the law.
p.000069: In all cases, the family must provide them with a climate of affection and understanding that allows respect for their
p.000069: rights and their integral development.
p.000069: Institutional fostering, preventive detention, deprivation of liberty or any other
p.000069: A solution that distracts them from the family environment, should be applied as the last and exceptional measure.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67, 69
p.000069: Art. 23.- Prenatal protection.- The application of penalties and custodial measures to women will be replaced.
p.000069: pregnant until ninety days after delivery, and the judge must order the precautionary measures that are appropriate.
p.000069: The Judge may extend this term in the case of mothers of children with severe disabilities and qualified by the body
p.000069: relevant, for as long as necessary, according to the needs of the child.
p.000069: The person responsible for the application of this rule that violates this prohibition or allows another to
p.000069: contravenes, will be sanctioned in the manner provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248 CIVIL CODE (BOOK I), Arts. 61
p.000069: Art. 24.- Right to breastfeeding.- Boys and girls have the right to breastfeeding to ensure their
p.000069: affective bond with his mother, adequate nutrition, growth and development.
p.000069: It is the obligation of public and private health establishments to develop stimulation programs for
p.000069: breastfeeding.
p.000069: Art. 25.- Attention to pregnancy and childbirth.- Public power and health institutions and assistance to boys and girls
p.000069: and adolescents will create adequate conditions for care during pregnancy and childbirth, to
p.000069: favor of the mother and of the boy or girl, especially in the case of adolescent mothers and of boys or girls with
p.000069: weight less than two thousand five hundred grams.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 35, 42, 43, 46, 51, 363
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 5
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 26.- Right to a decent life.- Children and adolescents have the right to a decent life,
p.000069: that allows them to enjoy the necessary socioeconomic conditions for their integral development.
p.000069: This right includes those benefits that ensure a nutritious, balanced and
...
p.000069: they must guarantee the conditions, technical aids and elimination of architectural barriers for the
p.000069: communication and transportation.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 13, 24
p.000069: Art. 27.- Right to health.- Children and adolescents have the right to enjoy the highest level of health
p.000069: physical, mental, psychological and sexual.
p.000069: The right to health of children and adolescents includes:
p.000069: 1. Free access to public health programs and actions, adequate nutrition and an environment
p.000069: healthy;
p.000069: 2. Permanent and uninterrupted access to public health services, for prevention, treatment
p.000069: disease and health rehabilitation. Public health services are free for children,
p.000069: girls and adolescents who need them;
p.000069: 3. Access to free medicine for children and adolescents who need it;
p.000069: 4. Immediate and effective access to public and private emergency medical services;
p.000069: 5. Information about their health status, according to the evolutionary level of the child or adolescent;
p.000069: 6. Information and education on the basic principles of prevention in health, sanitation
p.000069: environmental, first aid;
p.000069: 7. Attention with procedures and resources of alternative and traditional medicines;
p.000069: 8. Living and developing in a stable and affective environment that allow them adequate emotional development;
p.000069: 9. Access to services that strengthen the emotional bond between the boy and girl and their mother and father; and,
p.000069: 10. The right of mothers to receive adequate prenatal and postnatal health care.
p.000069: The sale of narcotic drugs, psychotropic substances and others that may cause addiction is prohibited.
p.000069: alcoholic beverages, industrial glues, tobacco, firearms and explosives of any kind, to
p.000069: boys, girls and adolescents.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 43, 45, 46, 360, 362, 363
p.000069: Art. 28.- Responsibility of the State in relation to this right to health.- They are obligations of the State, which
p.000069: through the Ministry of Health:
p.000069: 1. Prepare and implement the policies, plans and programs that favor the enjoyment of the right
p.000069: contemplated in the previous article;
p.000069: 2. Promote the initiatives necessary to expand the coverage and quality of health services, particularly
p.000069: primary health care; and will take appropriate measures to combat maternal and infant mortality,
p.000069: child malnutrition and diseases that affect the child population;
p.000069: 3. Promote interdisciplinary action in the study and early diagnosis of delays in
p.000069: development, so that they receive the appropriate treatment and stimulation;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 6
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 4. Guarantee the provision of free medicine for children and adolescents;
p.000069: 5. Control the application of the complete vaccination schedule;
p.000069: 6. Develop educational programs for parents and other caregivers of children,
p.000069: girls and adolescents, to provide instruction in the basic principles of their health and nutrition, and in the advantages
p.000069: environmental hygiene and sanitation; and,
p.000069: 7. Organize specific care services for children and adolescents with physical, mental or
p.000069: sensory.
p.000069: Art. 29.- Obligations of the parents.- Corresponds to the parents and other persons in charge of the
p.000069: care of children and adolescents, provide health care that is within their reach and ensure the
p.000069: compliance with prescriptions, controls and medical and health provisions.
p.000069: Art. 30.- Obligations of health establishments.- Public and private health establishments,
p.000069: whatever their level, they are required to:
p.000069: 1. Provide emergency medical services to all children and adolescents who require them, without demanding payment
p.000069: advance or guarantees of any nature. This attention cannot be denied on the pretext of absence
p.000069: of the legal representative, the lack of financial resources, the lack of space, the cause or origin of the emergency or
p.000069: another similar circumstance;
p.000069: 2. Inform about the health status of the child or adolescent, their parents or
p.000069: representatives;
p.000069: 3. Maintain individual records stating the care and monitoring of pregnancy, childbirth and the puerperium; and
p.000069: updated records of the mother's personal data, permanent address and family references;
p.000069: 4. Identify newborns immediately after delivery, by registering their
p.000069: fingerprints and plantar prints and the mother's first name, last name, age and fingerprint; and
p.000069: issue the corresponding legal certificate for immediate registration in the Civil Registry;
p.000069: 5. Inform the parents in a timely manner of the legal requirements and procedures for the child's enrollment.
p.000069: or girl in the Civil Registry;
p.000069: 6. Guarantee the safe permanence of the newborn with his mother, until both are in
p.000069: health conditions that allow them to subsist safely outside the establishment;
p.000069: 7. Diagnosis and medical follow-up of children born with pathological problems or
p.000069: disabilities of any kind;
p.000069: 8. Inform the parents in a timely manner about the ordinary and special care they must provide to the newborn
p.000069: born, especially to children who have been found to have a disability;
p.000069: 9. Encourage the child to be fed through breastfeeding, at least until the first year of
p.000069: lifetime;
p.000069: 10. Provide a warm and quality treatment compatible with the dignity of the child and adolescent;
p.000069: 11. Immediately report to the authorities and competent bodies the cases of children and adolescents with
p.000069: signs of sexual abuse or abuse; and those in which the identity or address of
p.000069: The parents;
p.000069: 12. Collect and retain evidence of sexual abuse or maltreatment; and,
p.000069: 13. Inform the competent authorities when children with evident disabilities are born.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 362, 365
p.000069: Art. 31.- Right to social security.- Children and adolescents have the right to security
p.000069: Social. This right consists of effective access to the general benefits and benefits of the system,
p.000069: in accordance with the law.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 7
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3. 4
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
p.000069: healthy, ecologically balanced and pollution-free environment that guarantees your health, safety
p.000069: food and integral development.
...
p.000069: alteration, replacement or deprivation of this right.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Art. 34.- Right to cultural identity.- Children and adolescents have the right to keep,
p.000069: develop, strengthen and recover their identity and spiritual, cultural, religious, linguistic values,
p.000069: political and social and to be protected against any type of interference that is intended to replace, alter
p.000069: or decrease these values.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 21, 57
p.000069: Art. 35.- Right to identification.- Boys and girls have the right to be registered
p.000069: immediately after birth, with the corresponding paternal and maternal surnames. The State will guarantee
p.000069: the right to identity and identification through a Civil Registry service with agile procedures,
p.000069: free and easy to obtain identity documents.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 708
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69
p.000069: Art. 36.- Norms for identification.- In the live birth certification, which must be issued under the
p.000069: responsibility of the public or private health center or institution that attended the birth, the
p.000069: fingerprint identification of the mother and plantar identification of the newborn or newborn boy or girl. In cases of
p.000069: late registration, the fingerprint of the child or adolescent must be registered in the respective file.
p.000069: When the identity of one of the parents is unknown, the child or adolescent will bear the surnames of the
p.000069: parent who registers it, without prejudice to the right to obtain legal recognition
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 8
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: from the other parent.
p.000069: If the identity or address of both parents is unknown, the child or adolescent
p.000069: will register by judicial or administrative order, with two names and two surnames in common use in the country. Will be respected
p.000069: the name by which it has been known and your opinion will be taken into account when possible. Registration may be
p.000069: requested by the person in charge of the protection program in charge of the child or by the Protection Board of
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
p.000069: be registered with proper names of the respective language. The Civil Registry authorities have the obligation to
p.000069: register these names without any limitation or objection.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 64 CIVIL CODE (BOOK I), Arts. 60
p.000069: GENERAL LAW OF CIVIL REGISTRY IDENTIFICATION AND IDENTIFICATION, Arts. 32
p.000069: Art. 37.- Right to education.- Children and adolescents have the right to a quality education. East
...
p.000069: 6. Ensure the maximum use of the educational means provided by the State and society;
p.000069: 7. Monitor the respect of the rights of their sons, daughters or those represented on campus
p.000069: educational; and,
p.000069: 8. Report violations of these rights, to which they are aware.
p.000069: Art. 40.- Disciplinary measures.- Teaching practice and discipline in educational establishments
p.000069: they will respect the rights and guarantees of children and adolescents; will exclude all forms of abuse,
p.000069: mistreatment and devaluation, therefore, any form of cruel, inhuman and degrading punishment.
p.000069: Art. 41.- Sanctions prohibited.- Educational establishments are prohibited from applying:
p.000069: 1. Corporal sanctions;
p.000069: 2. Psychological sanctions threatening the dignity of children and adolescents;
p.000069: 3. Collective sanctions are prohibited; and,
p.000069: 4. Measures that imply exclusion or discrimination due to a student's personal condition,
p.000069: their parents, legal representatives or those who have them in their care. Included in this prohibition are
p.000069: discriminatory measures due to pregnancy or maternity of an adolescent. No child or adolescent is
p.000069: You can deny registration or expel due to the condition of your parents.
p.000069: In any procedure aimed at establishing the responsibility of a child or adolescent for an act of
p.000069: indiscipline in an educational establishment, the right to defense of the student and their parents or
p.000069: representatives.
p.000069: Any form of sexual assault in educational establishments will be brought to the attention of the Agent
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
p.000069: that correspond in the educational field.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 10
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 42.- Right to education of children and adolescents with disabilities.- Children and adolescents
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
...
p.000069: they will guide them in the exercise of this right; and,
p.000069: b) Their dignity, self-esteem, honor, reputation and self-image. They should be provided with warm and good relationships
p.000069: treatment based on the recognition of their dignity and respect for differences.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 13
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 52.- Prohibitions related to the right to dignity and image. It's prohibited:
p.000069: 1. The participation of children and adolescents in programs, advertising messages, in productions of
p.000069: pornographic content and in shows whose content is inappropriate for their age;
p.000069: 2. The use of children or adolescents in programs or shows of political proselytizing or
p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
...
p.000069: Those who have been granted refugee status have the right to receive humanitarian protection and assistance
p.000069: necessary for the full enjoyment of your rights. The same right assists their parents and people
p.000069: in charge of your care.
p.000069: Chapter v
p.000069: Participation rights
p.000069: Art. 59.- Right to freedom of expression.- Children and adolescents have the right to
p.000069: express themselves freely, to seek, receive and disseminate information and ideas of all kinds, orally, in writing or
p.000069: any other means they choose, with the only restrictions imposed by law, public order, health or
p.000069: public morals to protect the security, rights and fundamental freedoms of others.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 18, 66
p.000069: Art. 60.- Right to be consulted.- Children and adolescents have the right to be
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 15
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: consulted on all matters that affect them. This opinion will be taken into account to the extent of their age and maturity.
p.000069: No child or adolescent may be forced or pressured in any way to express their opinion.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 61
p.000069: Art. 61.- Right to freedom of thought, conscience and religion.- The State guarantees, in favor of children,
p.000069: girls and adolescents, the freedoms of thought, conscience and religion, subject to limitations
p.000069: prescribed by law and necessary to protect the security, fundamental rights and freedoms of
p.000069: the rest.
p.000069: It is the right and duty of the parents and other persons in charge of their care, to guide the child
p.000069: or adolescent for the proper exercise of this right, according to their evolutionary development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 62.- Right to freedom of assembly.- Children and adolescents have the right to assemble publicly and
p.000069: peacefully for the promotion, defense and exercise of your rights and guarantees.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 63.- Right of free association.- Children and adolescents have the right to freely associate with
p.000069: lawful purposes. This right includes the possibility of adolescents to form associations without ends
p.000069: of profit, according to the law.
p.000069: The State will guarantee and promote the exercise of this right; mainly in terms of associations
p.000069: student, cultural, sports, labor and community.
p.000069: Any restriction on the exercise of this right, which is not expressly provided for in the law, is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Chapter VI
p.000069: Duties, capacity and responsibility of children and adolescents
...
p.000069: CIVIL CODE (BOOK IV), Arts. 1453, 1461, 1462, 1463, 1486
p.000069: COMMERCE CODE, Arts. 6, 8, 9, 483 LABOR CODE, Arts. 35
p.000069: Art. 66.- Responsibility of children and adolescents.- Boys and girls are exempt from responsibility
p.000069: legal. For their harmful acts and acts, their parents or guardians will respond civilly in cases and forms.
p.000069: provided for in the Civil Code.
p.000069: Adolescents are responsible for their legal acts and illegal acts, under the terms of this Code. its
p.000069: civil liability for the acts or contracts they enter into will be effective on their professional property
p.000069: or industrial or on the assets of the association that they represent in accordance with the provisions of the previous article,
p.000069: according to the case.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1698, 1702, 2219, 2220, 2221
p.000069: TITLE IV
p.000069: OF THE PROTECTION AGAINST MISTREAT, ABUSE, SEXUAL EXPLOITATION, TRAFFICKING AND LOSS OF CHILDREN AND ADOLESCENTS
p.000069: Art. 67.- Concept of mistreatment.- Abuse is understood as all conduct, of action or omission, that causes or may
p.000069: cause harm to the physical, psychological or sexual integrity or health of a child or adolescent by
p.000069: anyone, including their parents, other relatives,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 17
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: educators and caregivers; Whatever the means used for the effect, its consequences and
p.000069: the time necessary for the recovery of the victim. The treatment is included in this rating
p.000069: negligent or serious or repeated negligence in fulfilling the obligations towards children and
p.000069: adolescents, relating to the provision of food, nutrition, medical care, education or care
p.000069: newspapers; and its use in begging.
p.000069: Psychological abuse is the one that causes emotional disturbance, psychological alteration or a decrease in self-esteem
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
p.000069: authority or person in charge of the institution or establishment to which it belongs.
p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 28 CIVIL CODE (BOOK I), Arts. 571
p.000069: CIVIL CODE (BOOK IV), Arts. 1464, 1981, 1983, 1998, 2035, 2058, 2064, 2076 LAW AGAINST VIOLENCE OF WOMEN AND
p.000069: FAMILY, Arts. 2, 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. eleven
p.000069: Art. 68.- Concept of sexual abuse.- Without prejudice to the provisions of the Penal Code on the matter,
p.000069: For the purposes of this Code, all physical contact, suggestion of
p.000069: sexual nature, to which a boy, girl or adolescent submits, even with their apparent consent,
p.000069: through seduction, blackmail, intimidation, deception, threats, or any other means.
p.000069: Any form of sexual harassment or abuse will be brought to the attention of the competent Tax Agent for the purposes of the
p.000069: law, without prejudice to the corresponding administrative investigations and sanctions.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 4
p.000069: Art. 69.- Concept of sexual exploitation.- Prostitution and pornography constitute sexual exploitation.
p.000069: childish. Child prostitution is the use of a child or adolescent in sexual activities in exchange for
p.000069: remuneration or any other remuneration. Child pornography is any representation, by any
p.000069: medium, of a boy, girl and adolescent in explicit, real or simulated sexual activities; or your organs
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
p.000069: the delivery or receipt of undue payments or benefits aimed at obtaining the consent of
p.000069: the parents, persons or institution in whose charge the child or adolescent is.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 46
p.000069: Art. 71.- Concept of loss of children or adolescents.- For the purposes of this Code, it is considered
p.000069: loss of children or adolescents, their voluntary or involuntary absence from the home, educational establishment or
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
p.000069: fundamental.
p.000069: Art. 73.- Duty of protection in cases of abuse.- It is the duty of all people to intervene in the act to
p.000069: protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 74.- Prevention and policies regarding the matters covered by this title.- The State
p.000069: adopt legislative, administrative, social, educational and other measures, which are
p.000069: necessary to protect children and adolescents against the behaviors and acts provided for in this title, and
p.000069: will promote policies and programs aimed at:
p.000069: 1. Assistance to children and adolescents and to the persons responsible for their care and protection, in order to
p.000069: prevent these forms of violation of rights;
p.000069: 2. The prevention and investigation of cases of mistreatment, sexual abuse and exploitation, trafficking and
p.000069: lost;
...
p.000069: Art. 76.- Cultural practices of mistreatment.- It will not be admitted as justification of the practices to which it refers
p.000069: neither this mitigation nor the effect of establishing the consequent responsibilities, the allegation
p.000069: that they constitute training methods or that they are traditional cultural practices.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: Art. 77.- Protection against the illegal transfer and retention of children and adolescents. - The transfer is prohibited.
p.000069: and the retention of children and adolescents when they violate the exercise of parental authority, the
p.000069: visiting regime or the rules on authorization to leave the country.
p.000069: Children and adolescents who have been transferred or held illegally, have the right to be reinstated to
p.000069: their family environment and to enjoy visits from their parents and other relatives in accordance with the provisions of this
p.000069: Code.
p.000069: The State will take all the necessary measures to achieve the family return and reintegration of the child or
p.000069: adolescent who is in the situation provided for in this article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272, 283
p.000069: Art. 78.- Right to protection against other forms of abuse.- Children and adolescents have the right to be
p.000069: provide protection against:
p.000069: 1. The consumption and improper use of alcoholic beverages, tobacco, narcotic drugs and psychotropic substances;
p.000069: 2. Participation in the production, marketing and advertising of the substances and objects to which the
p.000069: numerals 1 and 3;
p.000069: 3. The use of weapons, explosives and substances that endanger his life or personal integrity;
p.000069: 4. Public exposure of their organic or functional diseases or disabilities, to obtain
p.000069: economic benefits; and,
p.000069: 5. Induction to gambling.
p.000069: Art. 79.- Protection measures for the cases provided for in this title.- For the cases provided for in this title and without
p.000069: to the detriment of the general protection measures provided for in this Code and more laws, the authorities
p.000069: Administrative and judicial authorities will order one or more of the following measures:
p.000069: 1. Search of the place where the child or adolescent is, victim of the practice
p.000069: illicit, for its immediate recovery. This measure may only be decreed by the Judge for Children and Adolescents,
p.000069: who will order it immediately and without any formality;
p.000069: 2. Family custody or institutional care;
p.000069: 3. Insertion of the child or adolescent and their family in a protection and care program;
p.000069: 4. Granting of aid tickets in favor of the boy, girl or adolescent, against the person
p.000069: aggressor
p.000069: 5. Warning to the aggressor;
p.000069: 6. Insertion of the aggressor in a specialized care program;
p.000069: 7. Order of departure of the aggressor from the house, if his coexistence with the victim involves a risk to
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 20
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p.000069: the physical, psychological or sexual security of the latter; and re-entry of the victim, if applicable;
p.000069: 8. Prohibition of the aggressor from approaching the victim or maintaining any type of contact with her;
p.000069: 9. Prohibition of the aggressor from making threats, directly or indirectly, against the victim or his relatives;
p.000069: 10. Suspension of the aggressor in the tasks or functions that he performs;
p.000069: 11. Suspension of the operation of the entity or establishment where the abuse occurred
p.000069: institutional, while the conditions that justify the measure last;
p.000069: 12. Participation of the aggressor or the staff of the institution in which the institutional abuse has occurred,
p.000069: in workshops, courses or any type of training events; and,
p.000069: 13. Follow-up by the social work teams, to verify the rectification of the
p.000069: abusive behaviors.
p.000069: In emergency cases that provide serious indications of aggression or threat to physical integrity,
p.000069: psychological or sexual of the boy, girl or adolescent or of flagrant crime, the authorized attention entities may
p.000069: provisionally execute the measures of numerals 2 to 9, 12 and 13, and report it to the authority
p.000069: competent within a maximum period of seventy-two hours, to order the final measures.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 80.- Legal medical examinations.- Legal medical examinations of a boy, girl or adolescent will be practiced in
p.000069: strict conditions of confidentiality and respect for the intimacy and physical and emotional integrity of the patient.
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
p.000069: Art. 81.- Right to protection against labor exploitation.- Children and adolescents have
p.000069: the right to be protected by the State, society and the family against labor and economic exploitation and any
p.000069: form of slavery, servitude, forced or harmful work for your health, your physical, mental, spiritual development,
p.000069: moral or social, or that may hinder the exercise of their right to education.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 82.- Minimum age for work.- The minimum age for all types of
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 21
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p.000069: work, including domestic service, with the exceptions provided in this Code, plus laws and
p.000069: international instruments with legal force in the country.
p.000069: Violation of the provisions of the preceding paragraph does not free the employer from complying with labor obligations and
p.000069: social imposed by the employment relationship.
p.000069: The Ministry in charge of Labor Relations, ex officio or at the request of any public entity
p.000069: or private, may authorize minimum ages above the one indicated in the previous paragraph, in accordance with the
p.000069: established in this Code, the law and in the international instruments legally ratified by the
p.000069: Ecuador.
p.000069: Note: Third paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134, 146, 150
p.000069: Art. 83.- Eradication of child labor.- The State and society must elaborate and execute policies, plans,
p.000069: protection programs and measures aimed at eradicating the work of children and adolescents who do not
p.000069: they are fifteen years old. The family must contribute to the achievement of this objective.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134
p.000069: Art. 84.- Working day and education.- For no reason the working day of adolescents
p.000069: may exceed six hours a day for a maximum period of five days a week; and will be organized
p.000069: in a way that does not limit the effective exercise of your right to education.
p.000069: The parents of the adolescent who works, those responsible for their care, their employers and the people to
p.000069: Those who carry out a productive activity have the obligation to ensure that they finish their basic education
p.000069: and fulfill their academic duties.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 135, 136, 159
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 39, 46
p.000069: Art. 85.- Register of adolescent workers.- The Ministry of Labor will keep a registry of adolescents who
p.000069: they work by cantons, having to send the information periodically to the cantonal councils of Children and
p.000069: Adolescence.
...
p.000069: Employers will especially guarantee the exercise of the rights to education, health and rest of their
p.000069: apprentices.
p.000069: In no case shall the adolescent apprentice's remuneration be less than 80% of the remuneration corresponding to the
p.000069: adult for this type of work, art or trade.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 157, 158, 168
p.000069: Art. 91.- Domestic work.- Adolescents who work in domestic service will have the same
p.000069: rights and guarantees that adolescent workers in general.
p.000069: The employer will ensure the physical, psychological and moral integrity of the adolescent and will guarantee their
p.000069: rights to food, education, health, rest and recreation.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 262, 268, 269
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24, 39, 329
p.000069: Art. 92.- Training work.- Children and adolescents may carry out training activities that
p.000069: incorporate work as an important element in their comprehensive training. These activities must be carried out in
p.000069: conditions suitable for their age, capacity, physical state and intellectual development, respecting their values
p.000069: moral and cultural, their rights to rest, recreation and play.
p.000069: Programs that incorporate work with the purpose indicated in this article, will give priority to the demands
p.000069: pedagogical related to the integral development of the child or adolescent, over the productive objectives.
p.000069: Chapter III
p.000069: Work without dependency relationship
p.000069: Art. 93.- Self-employment.- The municipalities will grant, in their respective jurisdictions, the permits to
p.000069: that adolescents who have reached the age of fifteen carry out economic activities on their own behalf
p.000069: own, provided they are not those considered harmful or harmful or that are prohibited in
p.000069: this or other legal bodies.
p.000069: Each Municipality will keep a record of these authorizations and will control the development of activities
p.000069: authorized to adolescents.
p.000069: The adolescents authorized in accordance with the previous paragraph, will receive from the Municipality a work card that
p.000069: will provide the following benefits: free access to public shows determined by regulation,
p.000069: preferential access to protection programs such as soup kitchens, medical services, night shelters,
p.000069: free registration and exemption from other payments in the tax and municipal educational centers.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 24
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The Ministry in charge of Labor Relations will issue the Regulations for issuing the license
p.000069: and the regulation of the benefits it provides.
p.000069: Note: Fourth paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 35, 138
p.000069: Chapter IV
p.000069: Protection measures and work-related sanctions
p.000069: Art. 94.- Protection measures.- In cases of infringement of the provisions of this title, the judges and
p.000069: competent administrative authorities may order one or more of the following protection measures in favor
p.000069: of the children and adolescents affected, without prejudice to the others contemplated in this Code:
p.000069: 1. The order to separate the child or adolescent from work activity;
p.000069: 2. The insertion of the child or adolescent and / or their family in a protection program; and,
p.000069: 3. The temporary separation of the family environment of the boy, girl, adolescent or aggressor, as the case may be.
p.000069: The necessary measures will be adopted so that the application of these measures does not affect the rights and
p.000069: guarantees for children and adolescents, beyond the restrictions inherent in each of them; and to
p.000069: ensure the daily sustenance of the child or adolescent, in a manner compatible with their right to a decent life.
p.000069: Art. 95.- Sanctions applicable for violation of the provisions relating to work.- Violation of the
p.000069: prohibitions contained in this title, will be repressed with one or more of the following sanctions, without
p.000069: damage to those contemplated in other legal bodies:
p.000069: 1. Reprimand to parents or caregivers of the child or adolescent;
p.000069: and to those who employ them or benefit directly from their work;
p.000069: 2. A fine of fifty to three hundred dollars, if the offenders are the parents or those responsible for the care of the
p.000069: boy, girl or adolescent;
p.000069: 3. A fine of two hundred to one thousand dollars, in the case of the employer or any person who benefits directly or
p.000069: indirectly from the work of the child or adolescent; and,
p.000069: 4. Closure of the establishment where the work is carried out, in case of recidivism.
p.000069: Note: The Ministry in charge of Labor Relations will assume the competence of article 95, numeral 4 of the Code.
p.000069: Childhood and Adolescence. Given by fourth reform provision of Law No. 0, published in the Official Registry
p.000069: Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 148, 156, 628
p.000069: SECOND BOOK
p.000069: THE BOY, GIRL AND ADOLESCENT IN HIS FAMILY RELATIONS
p.000069: TITLE I
p.000069: GENERAL DISPOSITION
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 25
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p.000069: Art. 96.- Nature of the family relationship.- The family is the basic nucleus of social formation and the environment
p.000069: natural and necessary for the integral development of its members, mainly boys, girls and
p.000069: teenagers. It receives the support and protection of the State so that each of its members can
p.000069: Fully exercise your rights and assume your duties and responsibilities.
p.000069: Its internal legal relations of a non-patrimonial nature are very personal and, therefore,
p.000069: inalienable, non-transferable and non-transferable. Except for the cases expressly provided by law, they are also
p.000069: imprescriptibles.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: Art. 97.- Protection of the State.- The state protection referred to in the previous article is
...
p.000069: protect and develop the rights and guarantees of their sons and daughters. For this effect they are obliged to provide what
p.000069: adequate to meet their material, psychological, emotional, spiritual and intellectual needs, in the form
p.000069: established by this Code.
p.000069: Consequently, parents must:
p.000069: 1. Provide their sons and daughters with what is necessary to satisfy their material requirements and
p.000069: psychological, in a family environment of stability, harmony and respect;
p.000069: 2. Ensure their education, at least at the basic and intermediate levels;
p.000069: 3. Instill values ​​compatible with respect for the dignity of the human being and the development of social coexistence
p.000069: democratic, tolerant, solidary and participatory;
p.000069: 4. Incentivize in them the knowledge, conscience, exercise and defense of their rights,
p.000069: claim the protection of said rights and their restitution, if applicable;
p.000069: 5. Stimulate and guide their cultural formation and development;
p.000069: 6. Ensure their participation in the decisions of family life, according to their evolutionary degree;
p.000069: 7. Promote the practice of recreational activities that contribute to the family unit, their physical health
p.000069: and psychological;
p.000069: 8. Apply preventive measures compatible with the rights of the child and adolescent; and,
p.000069: 9. Comply with the other obligations indicated in this Code and more laws.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 268, 273, 278 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 103.- Fundamental duties of sons and daughters.- Sons and daughters must:
p.000069: 1. Maintain a responsible and respectful behavior that provides their parents with the appropriate
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
p.000069: in case of illness, during the elderly and when they have a disability that does not allow them
p.000069: fend for themselves; and,
p.000069: 3. Collaborate in household chores, according to their age and development, as long as they do not interfere with their activities
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
p.000069: obligations of parents regarding their non-emancipated sons and daughters, regarding care, education, development
p.000069: comprehensive, defense of children's rights and guarantees in accordance with the Constitution and the law.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46, 69
p.000069: Art. 106.- Rules to entrust the exercise of parental authority.- To entrust parental authority in cases
p.000069: provided for in article 325 of the Civil Code, the Judge, after hearing the adolescent, the boy or girl who are in
...
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
p.000069: 5. Manifests lack of interest in maintaining with the son or daughter the parental relationships essential for their
p.000069: integral development, for a period of more than six months;
p.000069: 6. Serious or repeated breach of the duties imposed by parental authority; and,
p.000069: 7. Allow or induce begging of the son or daughter.
p.000069: Private one of the parents of parental authority, will exercise the other who is not
p.000069: disabled. If both are, the non-emancipated son will be given a guardian. In the absence of relatives
p.000069: called by law to exercise guardianship either because it does not exist or because they cannot assume it, the Judge will declare in it
p.000069: the decision of deprivation, the adoptability of the child or adolescent.
p.000069: When the behaviors described in this article constitute a crime of public action of official instance,
p.000069: the Judge will send a copy of the file ex officio to the corresponding Prosecutor to initiate the criminal process.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 279, 281, 303, 306, 308, 311, 367, 385
p.000069: Article 114.- Inadmissibility of limiting, suspending or depriving parental authority for economic reasons.- The circumstance of
p.000069: Lack of sufficient financial resources is not causal to limit, suspend or deprive the father or mother
p.000069: of parental authority. Neither will it be done when due to migration motivated by needs
p.000069: economic, the father, the mother or both must temporarily leave the son or daughter in the care of a relative
p.000069: consanguineous throughout the straight line or up to the fourth degree of the collateral line. In this case it can only be suspended
p.000069: parental authority for the purpose of entrusting guardianship to the relative who received the order.
p.000069: Art. 115.- Active legitimation.- They have the action to request the limitation, suspension or deprivation of the homeland.
p.000069: power:
p.000069: 1. The father or mother who is not affected by any of the causes that justify said measures;
p.000069: 2. Relatives up to the fourth degree of consanguinity;
p.000069: 3. The Ombudsman's Office, ex officio or at the request of a party;
p.000069: 4. The Cantonal Rights Protection Board, ex officio or at the request of a party; and,
p.000069: 5. The legal representatives or directors of the care entities in which a child or
p.000069: Teen.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 305, 306
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 116.- Protection measures.- In the same resolution that orders the deprivation, suspension or
p.000069: limitation of parental authority, the judge will order one or more protection measures for the child or adolescent and
p.000069: their parents, in order to favor the circumstances that justify a subsequent restitution of this
p.000069: power.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 30
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p.000069: Art. 117.- Restitution of parental authority.- The Judge, at the request of a party, can restitute the fatherland
p.000069: power in favor of one or both parents, as the case may be, if there is sufficient evidence
p.000069: that if the circumstances that caused their deprivation, limitation or
p.000069: suspension.
p.000069: To order restitution, the Judge must previously hear the person who requested the measure and in any case the son or daughter of
p.000069: according to its evolutionary development.
p.000069: The Judge may also, considering the circumstances of the case, substitute the deprivation or the suspension for the limitation of
p.000069: parental authority, complying with the provisions of the two preceding paragraphs.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 275, 279, 281
p.000069: TITLE III
p.000069: OF THE TENURE
p.000069: Art. 118.- Provenance.- When the Judge deems more convenient for the integral development of the son or daughter of the family,
p.000069: entrust their care and upbringing to one of the parents, without altering the joint exercise of parental authority,
p.000069: It will entrust its tenure following the rules of article 106.
p.000069: You can also entrust the possession with attribution of one or more of the rights and obligations
p.000069: included in parental authority, always taking into account the convenience indicated in the subsection,
p.000069: previous.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 119.- Modifications of tenure resolutions.- Tenure resolutions are not enforceable. The
p.000069: Judge may alter them at any time if it is proven that this is in accordance with the proper enjoyment and exercise of rights.
p.000069: of the family son or daughter.
p.000069: If it is a change of tenure; it will be done in a way that does not produce psychological harm to the son or daughter, to
p.000069: which the Judge must order support measures for the son or daughter and their parents.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 120.- Immediate execution.- Resolutions on tenure will be fulfilled immediately, having
p.000069: resort to personal pressure and the search of the home where the child is presumed to be,
p.000069: girl or teenager, if necessary. No jurisdiction will be recognized that prevents or hinders the
p.000069: compliance with the resolution.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 924, 925
p.000069: Art. 121.- Recovery of the son or daughter.- When a boy, girl or adolescent has been taken to
p.000069: foreigner in violation of the provisions of this Code and judicial decisions on
p.000069: exercise of parental authority and tenure, the competent State agencies shall arbitrate
p.000069: immediately all the necessary measures for his return to the country. For the same effect, the Judge will exhort the
p.000069: competent judges of the state where the child or
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 31
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p.000069: Teen.
p.000069: TITLE IV
p.000069: OF THE RIGHT TO VISITS
p.000069: Art. 122.- Obligation.- In all cases in which the Judge entrusts the possession or exercise of parental authority to
p.000069: one of the parents must regulate the regime of visits that the other may make to the son or daughter.
p.000069: When a protection measure has been decreed in favor of the son or daughter due to physical violence,
p.000069: psychological or sexual, the judge may deny the visitation regime with respect to the aggressor parent, or regulate visits
p.000069: in a directed manner, according to the severity of the violence. The Judge will consider this limitation when there is intra violence
p.000069: - family. The measures taken will seek to overcome the causes that determined the suspension.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272
p.000069: Art. 123.- How to regulate the visitation regime.- For the fixing and modifications of the visitation regime, the Judge
p.000069: The provisions of rule No. 1 of article 106 and the final paragraph of said article shall apply.
p.000069: If there is no agreement between the parents or the relatives requesting the fixation, or if the agreement to which
p.000069: have arrived is inconvenient for the rights of the son or daughter, the judge will regulate the visits taking into account:
p.000069: 1. If it is a parent, the way in which the parent has fulfilled his parental obligations; and,
p.000069: 2. The technical reports they deem necessary.
p.000069: Art. 124.- Extension.- The Judge will extend the regime of visits to ascendants and other blood relatives until
p.000069: the fourth degree of the collateral line, under the conditions contemplated in this title. You can also
p.000069: Do it with respect to other people, relatives or not emotionally linked to the child or adolescent.
p.000069: Art. 125.- Undue retention of the son or daughter.- The father, the mother or any person who unduly retains the
p.000069: son or daughter whose parental authority, possession or guardianship have been entrusted to another, or who hinders the
p.000069: visits, may be judicially required to deliver it immediately to the person who must have it and
p.000069: will be obliged to compensate the damages caused by the undue retention, including the expenses caused by the
p.000069: requirement and restitution.
p.000069: If the requested does not comply with the order, the Judge will decree personal compulsion against him, without
p.000069: prejudice to order, without the need for a prior resolution, the search of the property in which
p.000069: finds or is supposed to find the son or daughter, to achieve recovery.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 272
p.000069: CIVIL PROCEDURE CODE, Arts. 925, 928
p.000069: TITLE V
p.000069: OF THE RIGHT TO FOOD
p.000069: Note: Title with its respective articles replaced by Law No. 00, published in Official Gazette Supplement 643 of
p.000069: July 28, 2009.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 32
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CHAPTER I
p.000069: Food law
p.000069: Art. 1.- Scope and relationship with other legal bodies.- This Title regulates the right to food of children,
p.000069: girls, adolescents, and adults considered as holders of rights established in this Law.
p.000069: with respect to other persons who enjoy this right, the provisions on maintenance of the Code will apply
p.000069: Civil.
...
p.000069: adolescent to a person whose affiliation or kinship in the case of other blood relatives does not
p.000069: It has been legally established, in accordance with the following rules:
p.000069: a) In the event of a refusal by the defendant or defendant to submit to scientific DNA tests
p.000069: that the Judge provides, the filiation or kinship relationship will be presumed in fact in the case of
p.000069: other blood relatives, with food and in the same providence the pension will be established
p.000069: provisional, which will be required from the filing of the demand.
p.000069: b) If the result of the DNA test is positive, the Judge will declare the filiation and the corresponding paternity or
p.000069: maternity and will order the registration of the respective Resolution in which it declares it in the Civil Registry; wave
p.000069: kinship relationship in the case of other blood relatives. In the same providence will set the pension
p.000069: definitive maintenance, which will be required from the filing date of the demand.
p.000069: c) If the defendant or defendant founds his refusal to practice DNA testing in the
p.000069: Circumstance lacking resources to defray it, the Judge will order that the Ministry of Public Health, to
p.000069: Through a Genetic Research Unit, take the DNA test for free.
p.000069: The demonstration of the lack of resources of the alleged father, mother or blood relative will be admitted.
p.000069: obliged to bear the expenses demanded by the DNA examination, as well as the procedural costs and expenses of the study
p.000069: social, when the study of the technical office proves said particular and in accordance with the test that is
p.000069: act in the respective hearing.
p.000069: DNA testing of the unborn child is prohibited; however it can be done on deceased people,
p.000069: when it is necessary to establish the parent-child relationship.
p.000069: Art. 11.- Conditions for DNA testing.- The comparative examination will have probative value in court.
p.000069: of deoxyribonucleic acid (DNA) band or sequence patterns practiced by specialized laboratories
p.000069: public and private, that have qualified experts by the Prosecutor's Office. In the case of laboratories
p.000069: Private must have the operating permit of the Ministry of Public Health.
p.000069: The identity of the person to whom the sample belongs will be verified by means of the identity card
p.000069: or citizenship or passport or any other mechanism that reliably ensures the identity of the person
p.000069: and, the registration of your fingerprint. Identification and sampling will be done in the presence of the authority that the
p.000069: orders or its delegate, the expert and the parties or those who represent them.
p.000069: DNA test results are confidential. All movement of the sample must be registered with
p.000069: indication of the date, time and the name and identification of the people who intervened. The Judge may
p.000069: arrange for police assistance, the intervention of medical lawyers or other experts at the request of the party
p.000069: interested, to ensure the authenticity and reliability of the taking of samples, their examination, custody and
p.000069: transport.
p.000069: Art. 12.- Responsibility of the experts.- The experts will be administrative, civil and criminal
p.000069: responsible for the procedures and methodology, false or adulterated results of the tests they perform and
p.000069: for the reports they issue, without prejudice to the joint civil liability of the laboratory in which
...
p.000069: mainly additional benefits, and, if requested by the food company or its representative, to
p.000069: through the deposit of a sum of money that must be made in advance monthly payments,
p.000069: within the first five days of each month, and, in the case of subsidies and additional benefits, on the date indicated
p.000069: for the effect; in the account indicated for it, whose deposit certificate will constitute proof for
p.000069: demonstrate the payment or lack of in favor of the beneficiary / or of who legally represents it.
p.000069: In addition, payment of alimony and subsidies and additional benefits of
p.000069: as follows:
p.000069: a) The constitution of usufruct rights, the receipt of a rental pension or other similar mechanism,
p.000069: that ensure income or other fruits sufficient for the due provision of food of the beneficiary; and,
p.000069: b) The direct payment or satisfaction by the obligor of the beneficiary's needs that
p.000069: determine the Judge.
p.000069: In the case of usufruct or the perception of the rental income from real estate, the Judge will verify
p.000069: that are not limited by other real or personal rights or affected by embargo,
p.000069: prohibition to alienate or encumber, antichresis or any other encumbrance or contract that affects or may prevent
p.000069: or hinder said enjoyment or perception. The resolution that decrees them will be registered in the Registry of the
p.000069: Property of the canton where the property is located.
p.000069: The beneficiary son or daughter shall not be obliged to prepare an inventory or pay the bond that the law requires the
p.000069: usufructuary.
p.000069: In no case shall the child or adolescent whose custody and care have been entrusted to the other parent be obligated
p.000069: or a third party, to live with the person who is obliged to provide food, on the pretext that it
p.000069: be a form of alimony in kind.
p.000069: Art. 15.- Parameters for the elaboration of the Table of Minimum Alimony Pensions.- The Ministry
p.000069: in charge of economic and social inclusion issues, will define the Minimum Alimony Plan based on
p.000069: the following parameters:
p.000069: a) The basic needs by age of the fed in the terms of the present Law;
p.000069: b) The income and resources of him or the supporters, valued in relation to their ordinary income
p.000069: and extraordinary, expenses typical of their way of life and their direct dependents;
p.000069: c) Structure, distribution of family spending and income of the food and beneficiaries; and,
p.000069: d) Inflation.
p.000069: In no case may the Judge set a lower value than that determined in the Pension Table
p.000069: Minimum Food. However, you may set a higher pension than that established therein, depending
p.000069: of the merit of the evidence presented in the process.
p.000069: The pensions established in the table will be automatically indexed within the first fifteen days
p.000069: of the month of January of each year, considering also the inflation index published by the National Institute of
p.000069: Statistics and Censuses, (INEC) in the month of December of the immediately previous year and in the same percentage in which
p.000069: increase the unified basic remuneration of the worker in general.
p.000069: In cases where the income of the father and mother do not exist or are insufficient to
...
p.000069: EIGHTH.- Within a period of one hundred and eighty days from the approval of this law, the municipalities that have not created
p.000069: the Rights Protection Boards will have the obligation to do so. Failure to comply will lead to
p.000069: corresponding action by the State Comptroller General.
p.000069: FINAL DISPOSITION
p.000069: FIRST: Title V of the Second Book "On the Right to Food" of the Children's Code is repealed and
p.000069: Adolescence, published in the Official Registry No. 737 of January 3, 2003.
p.000069: TITLE VI
p.000069: ON THE RIGHT OF PREGNANT WOMEN TO FOOD
p.000069: Art. 148.- Content.- The pregnant woman has the right, from the moment of conception, to food for the
p.000069: attention to their needs for food, health, clothing, housing, childbirth, postpartum care, and during the
p.000069: lactation period for a period of twelve months from the birth of the son or daughter; if the creature dies in
p.000069: the mother's womb, or the boy or girl dies after childbirth, the protection to the mother will subsist for up to a period
p.000069: not more than twelve months from the death of the fetus or the boy or girl.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 61, 62, 233
p.000069: Jurisprudence:
p.000069: Judicial Gazette, SPECIAL SUMMARY PRENATAL FOOD TRIAL, May 28, 2012
p.000069: Art. 149.- Obligations to provide alimony.- The father of the child or
p.000069: girl, the alleged father in the case of article 131, and the other persons indicated in article 129.
p.000069: If the paternity of the defendant is not legally established, the Judge may decree the maintenance payment,
p.000069: provisional and definitive, since in the process there are tests that provide precise indications, sufficient
p.000069: and concordant to reach a conviction about the paternity or maternity of the defendant.
p.000069: Once the birth has occurred, the parties may request the biological tests referred to in the
p.000069: Article 131, with the consequences indicated in the same article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 253, 276, 355
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Art. 150.- Applicable regulations.- Regarding the order of the obligated parties, criteria and ways of fixing this
p.000069: benefit, constraints, precautionary measures, subsidies, competition, procedure and more compatible with the nature of
p.000069: this right, the rules on the right to maintenance in favor of the child or in favor of the pregnant mother will apply
p.000069: daughter.
p.000069: TITLE VII
p.000069: OF ADOPTION
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 43
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Chapter I
p.000069: General rules
p.000069: Art. 151.- Purpose of the adoption.- The purpose of the adoption is to guarantee a suitable family,
p.000069: permanent and definitive to the boy, girl or adolescent who are in social and legal capacity to be adopted.
p.000069: Art. 152.- Full adoption.- The law only admits full adoption, by virtue of which
p.000069: they establish between the adopter or adoptees all the rights, attributes, duties,
p.000069: responsibilities, prohibitions, inabilities and impediments of the parental filial relationship. In consecuense,
p.000069: Legally, the adoptive son is assimilated in everything to the consanguineous son.
p.000069: The adoption extinguishes the relationship between the adoptee and the members of his family of origin. However, they will remain
p.000069: Marital impediments that affected the adoptee due to kinship relationships persist
p.000069: extinguished.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 74 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000069: 69
p.000069: Art. 153.- Principles of adoption.- Adoption is governed by the following specific principles:
p.000069: 1. Adoption will be resorted to when the family support and family reintegration measures have been exhausted;
p.000069: 2. Priority will be given to national adoption over international adoption. International adoption will be exceptional;
p.000069: 3. Priority will be given to adoption by legally constituted heterosexual couples, over adoption by
p.000069: single people;
p.000069: 4. Members of the child's or adolescent's family of origin will be preferred as adopters, up to the fourth
p.000069: degree of consanguinity;
p.000069: 5. The boy and girl, whenever they are in a position to do so, must be heard in the process of
p.000069: adoption and their opinions will be valued according to the evolutionary and emotional development of each one. It is mandatory the
p.000069: adolescent consent;
p.000069: 6. Adopted persons have the right to know their status, their origin, their personal history
p.000069: and his inbred family, unless there is an express prohibition on the latter;
p.000069: 7. Candidates for adopters must be suitable persons;
p.000069: 8. Children, adolescents and adopter candidates must receive adequate preparation
p.000069: for adoption; and,
p.000069: 9. In cases of adoption of children and adolescents belonging to peoples and nationalities
p.000069: indigenous and Afro - Ecuadorian, adopters from their own culture will be preferred.
p.000069: Art. 154.- Unconditionality and irrevocability of the adoption.- The adoption cannot be subject to
p.000069: modalities and, once perfected, is irrevocable. Any condition that is imposed by those who must
p.000069: giving your consent will be deemed not written, without affecting the validity of the adoption.
p.000069: Art. 155.- Prohibition of undue economic benefits.- Obtaining of undue economic benefits is prohibited.
...
p.000069: Art. 156.- Limitation on the separation of siblings.- Only in exceptional cases may they be separated, for
p.000069: cause of adoption, children or adolescent siblings who have family relationships with each other. When i will
p.000069: hiciere, the necessary measures must be taken to ensure that the personal relationship and communication are preserved
p.000069: among them.
p.000069: The opinion of the boy or girl who expresses the desire to stay with their siblings, as well as the verification of a
p.000069: affective bond between them, must be specially considered by the Judge as antecedents that make
p.000069: adoption not recommended. In the same case, the Judge may not order the adoption against the express will of the
p.000069: Teen.
p.000069: Art. 157.- Age of the adoptee.- Only people under the age of eighteen can be adopted. By exception, the
p.000069: adult adoption in the following cases:
p.000069: a) When they have a relationship of kinship with the candidate for adoption within the fifth degree of consanguinity;
p.000069: b) When they have been integrated into the home of the candidate for adoption in foster care for a period of not less than
p.000069: two years;
p.000069: c) When they have been integrated into the candidate's home since childhood, or since adolescence for a period of
p.000069: less than four years; and,
p.000069: d) When it comes to adopting the spouse's child.
p.000069: In no case may persons over the age of twenty-one be adopted.
p.000069: Article 158.- Legal capacity of the child or adolescent to be adopted.- The Judge may only declare that a child,
p.000069: girl or adolescent is in legal capacity to be adopted, when the investigations
p.000069: carried out is established without a doubt that it is found in any of the following cases:
p.000069: 1. Orphanhood with respect to both parents;
p.000069: 2. Impossibility of determining who are their parents or, where appropriate, their relatives up to the third degree of
p.000069: consanguinity;
p.000069: 3. Deprivation of parental authority to both parents; and,
p.000069: 4. Consent of the father, mother, or both parents, as appropriate, that would not have been
p.000069: deprived of parental authority.
p.000069: In the cases of numerals 1, 3 and 4 the Judge will declare the adoptability whenever, in addition to the circumstances
p.000069: described there, the child or adolescent lacks other relatives up to the third degree of consanguinity, or these
p.000069: are unable to permanently and stable assume their care and protection.
p.000069: The Judge who declares the adoptability of a child or adolescent must notify the Technical Unit of
p.000069: Adoptions of the respective jurisdiction, within a maximum period of ten days from the sentence
p.000069: was executed.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Article 159.- Requirements for adopters.- Candidates for adopters must meet the following requirements:
p.000069: 1. Be domiciled in Ecuador or in one of the states with which Ecuador has signed agreements of
p.000069: adoption;
p.000069: 2. Be legally capable;
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p.000069: 3. Be in full exercise of political rights;
p.000069: 4. Be over twenty-five years old.
p.000069: 5. Have an age difference of not less than fourteen nor greater than forty-five years with the
p.000069: adopted. The minimum difference will be reduced to ten years when it comes to adopting the spouse's child or
p.000069: cohabiting, in cases of de facto union that meets legal requirements. These age limitations are not
p.000069: apply to cases of adoption between relatives. For couples, the age limits will apply
p.000069: to the spouse, or younger partner;
p.000069: 6. In the case of a couple of adopters, they must be heterosexual and have been together for more than three years, in marriage or
p.000069: de facto union that meets legal requirements;
p.000069: 7. Enjoy adequate physical and mental health to fulfill parental responsibilities;
p.000069: 8. Have indispensable economic resources to guarantee the adoptee the satisfaction of their needs
p.000069: basic; and,
p.000069: 9. Failure to record a criminal record for crimes punishable by imprisonment.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1462, 1463
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 73 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000061: 61
p.000061: Art. 160.- Adoption by the guardian.- The guardian can adopt the conservatee once he has legally ceased
p.000061: of his office and the accounts of his administration have been judicially approved.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 252
p.000061: Art. 161.- Necessary consents.- For the adoption the following are required
p.000061: consents:
p.000061: 1. Of the adolescent to be adopted;
p.000061: 2. The father and mother of the child or adolescent to be adopted, who have not been deprived
p.000061: of parental authority;
p.000061: 3. From the guardian of the child or adolescent;
p.000061: 4. Of the spouse or partner of the adopter, in cases of marriage or de facto union that meets the requirements
p.000061: legal; and,
p.000061: 5. The parents of the adolescent father or mother who consents to the adoption of their child.
p.000061: The Judge has the obligation to personally verify, at the corresponding hearing, that the
p.000061: consent has been freely and spontaneously granted; and that the Technical Adoption Unit of the Ministry of
p.000061: Social Welfare has fulfilled the obligations indicated in the following article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461
p.000061: Art. 162.- Advice to the person who must give consent.- The Technical Unit for Adoptions of the
p.000061: Ministry of Social Welfare will give free advice to the person who must give consent for the
p.000061: adoption, on the meaning and effects of this protection measure; and will propose the alternatives that
p.000061: preserve the family bond after adoption. This unit will prepare a report on compliance with these
p.000061: obligations and will present it to the Judge who knows the adoption.
p.000061: Art. 163.- Prohibited adoptions.- Adoption is prohibited:
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p.000061: 1. Of the unborn child; and,
p.000061: 2. By predetermined candidates, except when the child or adolescent to be adopted is a relative within
p.000061: of the fourth degree of consanguinity of the candidate to adopter, or son of the spouse or partner in the cases
p.000061: de facto union that meets the legal requirements. However, even in these cases the candidates for adopters must
p.000061: be declared suitable in accordance with the general rules.
p.000061: Art. 164.- Persons who must be heard for adoption.- In the administrative and judicial phases of the
p.000061: adoption must have the opinion of the child who is in a position to express it, and the adolescent in all
p.000061: the cases.
p.000061: The Judge will hear the relatives of the child or adolescent, the care entity involved and any person
p.000061: that can provide well-founded information on the inconvenience of the adoption or irregularities in the
p.000061: procedure used.
p.000061: Chapter II
p.000061: Administrative phase
p.000061: Art. 165.- Object of the administrative phase.- Every judicial adoption process will be preceded by a phase
p.000061: administrative which aims to:
p.000061: 1. Study and report on the physical, psychological, legal, family and social situation of the person who is going to
p.000061: be adopted
p.000061: 2. Declare the suitability of the candidates for adopters; and,
p.000061: 3. Assign, by administrative resolution, a family to a boy, girl or adolescent. This faculty
p.000061: it is exclusive to the corresponding Family Allowance Committee.
p.000061: Art. 166.- Prohibitions related to this phase.- It is prohibited:
p.000061: 1. The pre-allocation of a family to a child or adolescent, except in cases of difficult adoption,
p.000061: either due to illness, disability, age over 4 years or others duly justified; and,
p.000061: 2. The relationship of a child or adolescent before the legal declaration of adoptability, of the
p.000061: preparation, presentation and approval of the report on their physical, psychological, legal, family and social situation and
p.000061: of the declaration of suitability of the adopter.
p.000061: Officials of the Technical Adoption Unit, legal representatives or officials of the entities of
p.000061: Attention or the Judge, who breaches the prohibitions established in this article, will be sanctioned
p.000061: in accordance with this Code, without prejudice to administrative responsibilities,
p.000061: civil and criminal to which there may be.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000061: Art. 167.- Bodies in charge of the administrative phase.- Bodies in charge of the phase
p.000061: administrative are:
p.000061: 1. The Technical Adoption Units of the Ministry of Social Welfare; and,
p.000061: 2. The Family Allowance Committees.
p.000061: Art. 168.- Of the Technical Adoption Units.- Corresponds to the Technical Adoption Units:
p.000061: 1. Prepare or request and approve medical, psychological, legal, family and social reports related to the
p.000061: person to be adopted; and require any extensions or clarifications that are
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p.000061: necessary;
p.000061: 2. Study the adoption applications of the adopter candidates, evaluate the reports on the realization of
p.000061: adoptive parent training courses and declare their suitability;
p.000061: 3. Carry out the matching process provided by the Family Allowance Committees and present the
p.000061: respective reports;
p.000061: 4. Design and execute, directly or through authorized entities, the continuous process of
p.000061: adoptive parent training and post-adoption support services; and,
p.000061: 5. Regulate the procedures to guarantee that the child or adolescent is adopted by the person or persons
p.000061: best suited to your needs, characteristics and conditions. For this purpose, it will establish a system
p.000061: integrated national information that has a registry of the candidates for adopters and a registry of children,
p.000061: girls and adolescents fit for adoption.
p.000061: Any report required in the adoption process must be motivated and commit responsibility
p.000061: solidarity of the Technical Unit of Adoptions and the entity that prepared it.
p.000061: These reports and studies are reserved and must be filed and preserved in order to ensure this
p.000061: character. They can be accessed by the adoptee who has reached the age of eighteen, his adoptive parents and persons
p.000061: legitimized for the action of nullity of the adoption.
p.000061: Art. 169.- Refusal of adoption request.- In case the adoption request is denied by the respective
p.000061: Technical Adoption Unit, the applicant may file an administrative appeal with the Minister
p.000061: of Social Welfare.
p.000061: Art. 170.- Of the Family Allocation Committees.- The Family Allocation Committees will be integrated
p.000061: by three appointed members; two by the Ministry in charge of economic inclusion issues and
p.000061: social and one by the municipal government where each committee has jurisdiction.
p.000061: Each Committee will elect a President from its bosom.
...
p.000061: The jurisdiction of the Family Allowance Committees will be determined by the Ministry in charge of the affairs of
p.000061: economic and social inclusion in the act of its creation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 171.- Of the members of the Assignment Committees.- To be a member of the Assignment Committees
p.000061: Family members must be accredited knowledge and experience in social, psychological, legal or medical work with children and
p.000061: adolescence, especially with children deprived of their family environment and adoption. The representatives cannot be
p.000061: of adoption agencies or entities, their officials or employees, and their relatives until
p.000061: fourth degree of consanguinity or second degree of affinity.
p.000061: Members of the Family Allowance Committees are subject to disabilities and
p.000061: incompatibilities provided for in the regulation.
p.000061: Art. 172.- The allocation.- The Allocation is the decision of the Family Allocation Committee, expressed by
p.000061: administrative resolution, by which an appropriate family is assigned to a certain child or adolescent, according to their
p.000061: needs, characteristics and conditions.
p.000061: The assignment will be notified to the candidates for adopters, the person to be adopted and the Care Entity
p.000061: where appropriate.
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p.000061: Adoptive families may not accept the assignment made, in a motivated way, if it does not respond
p.000061: to the terms of your request. If the non-acceptance of the assignment is due to reasons that the Committee considers
p.000061: discriminatory, will provide that the Technical Adoption Unit remove the family from the family registry
p.000061: adopters.
p.000061: Art. 173.- Refusal of assignment.- The Family Assignment Committee will deny the assignment in the
p.000061: following cases:
p.000061: 1. When adolescents do not consent to the assignment or the boys and girls give contrary opinion to
p.000061: its adoption; and,
p.000061: 2. When the adoptive candidates desist from adopting the child or adolescent or not
p.000061: pronounce within the established period.
p.000061: Art. 174.- The relationship.- Once the assignment has been made, the Family Assignment Committee will order the
p.000061: establishing an initial bond between the child or adolescent to be adopted and the candidate (s) to
p.000061: adopters, in order to check, in the practice of the relationship, if the allocation has been the most appropriate for
p.000061: the boy, girl or adolescent.
p.000061: For the relationship to take place it is necessary that both the candidate for adoption and the future adoptive family
p.000061: have received adequate preparation to assume the relationship they initiate.
p.000061: The relationship does not create rights or obligations for the adopter candidates with respect to the person to
p.000061: be adopted.
p.000061: Chapter III Judicial phase
p.000061: Art. 175.- Adoption trial.- The adoption trial will begin once the phase has concluded
p.000061: administrative, and will comply with the procedure indicated in Chapter IV, Title X, Book III of this Code.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 284, 285
p.000061: Art. 176.- Registration in the Civil Registry.- The sentence granting the adoption must be registered in the Registry
p.000061: Civil, so that the original birth registration is canceled, through a marginal annotation that accounts for the
p.000061: adoption, and a new registry is practiced in which this circumstance will not be mentioned.
p.000061: Art. 177.- Nullity of the adoption.- The adoption will be annulled by the Judge, in the following cases:
p.000061: 1. Falsity of the reports or documents necessary to grant it;
p.000061: 2. Non-observance of the age requirement of the adoptee according to article 157;
p.000061: 3. Lack of any of the requirements that the adopter must meet, according to article 159;
p.000061: 4. Omission or defect of the consents required by article 161; and,
p.000061: 5. Failure to comply with the requirement set forth in article 160 for adoption by the guardian.
...
p.000061: Adoption Technique or the care entities that it designates, in order to strengthen ties
p.000061: family that creates the adoption and ensure the full exercise of the rights of the adopted.
p.000061: Chapter IV
p.000061: Of international adoption
p.000061: Art. 180.- Concept.- An international adoption is one in which the candidates for adopters,
p.000061: whatever their nationality, they have their habitual domicile in another State with which Ecuador has signed a
p.000061: adoption agreement; as well as the one in which the adoptive candidate or candidates are foreigners, domiciled in the
p.000061: Ecuador for less than three years.
p.000061: In case of not being domiciled in their country of origin, the applicant must prove a minimum residence of three
p.000061: years in another country with which Ecuador has signed an adoption agreement.
p.000061: Art. 181.- Authorized entities for adoption.- International adoption will be carried out only through entities
p.000061: created and authorized expressly and exclusively for this activity.
p.000061: Art. 182.- Requirements for international adoption.- In addition to the provisions of article 182, for it to take place
p.000061: An international adoption must meet the following requirements:
p.000061: 1. The existence of an international adoption treaty or agreement between Ecuador and the country of residence or
p.000061: origin, as the case may be, of the applicant (s). The country of domicile must comply with the terms established in
p.000061: the Convention on the Rights of the Child and the Hague Convention on the Protection of Children and
p.000061: Cooperation in the Field of International Adoption;
p.000061: 2. In the absence of the provisions of the preceding paragraph, the existence of an adoption agreement between Ecuador and a
p.000061: entity that mediates international adoption, duly accredited by the country of residence or origin, as
p.000061: the cases, provided that this country complies with the provisions of the international instruments mentioned in
p.000061: the previous numeral;
p.000061: 3. The central authority of the country of domicile of the applicants or the competent authority of
p.000061: protection of the rights of children and adolescents, must guarantee the suitability of the procedures and
p.000061: that adopted children and adolescents will enjoy all the guarantees and rights that the country of adoption
p.000061: recognizes its nationals;
p.000061: 4. That in the country of residence or origin of the applicant or applicants, be considered in favor of
p.000061: adopted rights, guarantees and conditions at least equal to those established by law
p.000061: Ecuadorian, including the Convention on the Rights of the Child. On this guarantee, the
p.000061: Technical Adoption Unit in the report to be added to the adoption procedure;
p.000061: 5. That the adoptive candidate or candidates are foreigners domiciled outside the national territory, domiciled in the
p.000061: country for less than three years or residing in another country other than the country of origin for the same period;
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p.000061: 6. That the adoptive candidates fulfill the requirements established in article 159 and those of the country of domicile,
p.000061: according to the case; and,
p.000061: 7. Meet the other requirements that this Code requires for adoption in general.
p.000061: Art. 183.- Presentation of the adoption request.- When the candidates for adopters are
p.000061: domiciled abroad, must submit their adoption request through public institutions
p.000061: competent from the country of your domicile or from private institutions duly accredited in the country of residence
p.000061: and authorized by the Ministry in charge of matters of economic and social inclusion, with all
p.000061: background, reports and documents necessary for its study, according to the terms of the respective agreement
p.000061: international.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 184.- Administrative procedure.- The application for international adoption will be submitted to the Technical Unit
p.000061: of Adoptions, the same as in a period not exceeding thirty days and after reviewing the studies made
p.000061: by the competent organisms of the country of residence or origin of the candidates for adopters, will issue a report
...
p.000061: It will keep an updated statistic on the compliance of the different countries and entities of
p.000061: international adoption of the commitments assumed. Failure to submit reports
p.000061: Follow-up will be sufficient cause to terminate the international adoption agreement.
p.000061: Art. 187.- Obligations for adoption entities.- International adoption entities are
p.000061: forced to:
p.000061: 1. Maintain a legal representative in Ecuador;
p.000061: 2. Be covered by a current adoption agreement;
p.000061: 3. Accredit the authorization to manage international adoptions, granted by the central authority
p.000061: of adoptions, or their delegates, of the country of domicile of the adopters where the person will live
p.000061: adopted
p.000061: 4. Have the registration and registration of the program with the Ministry of Social Welfare;
p.000061: 5. Guarantee the capacity for overseas monitoring of adopted children and adolescents;
p.000061: 6. Thoroughly inform applicants of adoption costs; and,
p.000061: 7. Facilitate the access of the competent control authority to your administrative information and
p.000061: financial.
p.000061: Article 188.- International agreements on adoption.- The State may not sign international agreements
p.000061: on adoption that does not at least respect the rights, guarantees and procedures
p.000061: established in the Political Constitution, the Convention on the Rights of the Child, international instruments
p.000061: on the matter, the Hague Convention on the Protection of Children and Cooperation in the Matter of
p.000061: International adoption, this Code and the policies defined by the Ministry in charge of affairs
p.000061: of economic and social inclusion.
p.000061: Said agreements shall stipulate, at least:
p.000061: 1. The minimum requirements to be met by candidates for adopters, which in no case may be less than
p.000061: required for national adoption;
p.000061: 2. The indication of mechanisms for evaluating the agreement;
p.000061: 3. The commitment of accountability in all those matters that are required by the authority
p.000061: central; and,
p.000061: 4. The obligation of the counterparty to send the reports that are requested.
p.000061: In the negotiation of agreements, it should, try to contemplate the prerogative of the country to terminate
p.000061: unilaterally the agreement in case of breach.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69, 45, 46
p.000061: Article 189.- Receptive adoption.- Foreign children and adolescents who by virtue of adoption by
p.000061: Ecuadorians or foreigners residing in Ecuador permanently reside in the country, they will enjoy all
p.000061: rights, guarantees, attributes, duties and responsibilities that the law and international instruments confer
p.000061: according to the national adoption regime.
p.000061: THIRD BOOK
...
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p.000061: five types of comprehensive protection policies, namely:
p.000061: 1. Basic and fundamental social policies, which refer to the universal conditions and services that
p.000061: All children and adolescents have the right, equally and without exception, as protection of the
p.000061: family, education; health, nutrition, housing, parental employment and social security, among
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
...
p.000061: and projects, are public and private attention entities that are in charge of the execution of
p.000061: policies, plans, programs, projects, actions and measures of protection and sanction, according to the policies and
p.000061: plans defined by the competent bodies and instructions
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p.000061: of the authority that legitimized its operation.
p.000061: Art. 210.- Efficacy and legality of their action.- The attention entities must carry out their activities
p.000061: in the way that ensures the validity and protection of the rights and guarantees of children and
p.000061: adolescents, with strict adherence to the provisions of this Code, the regulations and the
p.000061: instructions from the authority that legitimized its operation.
p.000061: Art. 211.- Obligations of the attention entities.- The attention entities and the programs they execute must
p.000061: comply with the following general obligations:
p.000061: a) Promote personal and direct relationships with the family and promote activities that allow strengthening
p.000061: family bonding or reintegration in the shortest possible time, depending on the case;
p.000061: b) Carry out educational actions with the relatives in the care of the child or adolescent;
p.000061: c) Provide personalized attention and development of educational and recreational activities with each child and
p.000061: adolescent, according to their developmental needs;
p.000061: d) Comply with national standards of quality, safety and hygiene, in addition to those indicated in each case by the
p.000061: authority that legitimized its operation;
p.000061: e) Have adequate financial, human and material resources for the programs they execute;
p.000061: f) Submit periodic and detailed reports on the progress of their programs to the body that authorized their registration
p.000061: and operation;
p.000061: g) Guarantee that children and adolescents have public identity documents;
p.000061: h) Perform all social, legal and administrative actions aimed at defining and solving the situation
p.000061: physical, psychological, legal, family and social of the boy, girl and adolescent;
p.000061: i) Provide medical, dental, legal, psychological and social care;
p.000061: j) Guarantee food, clothing and necessary implements for personal hygiene and cleanliness;
p.000061: k) Inform the competent authority of the situation of threat or violation of rights;
p.000061: l) To inform the competent authority of changes in the legal status of children and
p.000061: adolescents in order for it to adopt the corresponding measures;
p.000061: m) Guarantee the entry and permanence of children and adolescents in the educational system, when
p.000061: correspond
p.000061: n) Maintain complete and updated records of each child or adolescent; and,
p.000061: o) The others established in this Code, laws, regulations, resolutions and instructions of the authority that
p.000061: legitimized its operation.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000061: Art. 212.- Registration of the attention entities. Attention entities must request registration
p.000061: to the respective ministry, for which they will present the care program, its financing and the other documents that
p.000061: are indicated in the Regulations. The registration of care entities will be valid for two renewable years
p.000061: indefinitely. In cases of refusal to register or to enroll in a program, the affected entity may
p.000061: resort to the ministry in charge of matters of economic and social inclusion, against whose resolution there will be no
p.000061: any resource. The service entity may resubmit an application for registration or registration
p.000061: of a program, when you have overcome the reasons why you were denied. The ministry in charge of the affairs of
p.000061: economic and social inclusion may revoke at any time, by means of a reasoned resolution in the terms required
p.000061: the Constitution of the Republic, the registration of the entity or the registration of the program, when they do not comply with the
p.000061: authorized purposes or consider that they somehow threaten or violate the rights of children and
p.000061: teenagers.
p.000061: Note: Article replaced by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
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p.000061: Art. 213.- Control and sanctions.- The attention entities and the programs they execute will be subject
...
p.000061: functioning.
p.000061: In case of non-compliance with the provisions of this Code or the specific purposes for which they were
p.000061: authorized, the control body mentioned in the previous paragraph will impose on the attention entities one of the
p.000061: following penalties, observing the principle of proportionality between the offense and the penalty:
p.000061: a) Written warning and deadline to overcome the cause that motivates the sanction;
p.000061: b) A fine of five hundred to five thousand dollars, which will be doubled in case of recidivism;
p.000061: c) Suspension of operation, for a period of three months to two years;
p.000061: d) Cancellation of one or more programs; and,
p.000061: e) Cancellation of authorization and registration.
p.000061: The application of sanctions will be made after the non-compliance has been verified, through a
p.000061: administrative procedure that ensures respect for due process guarantees.
p.000061: Art. 214.- Obligations of schools, colleges and health centers.- The entities that provide
p.000061: Public and private education and health services must comply with the measures of
p.000061: protection and administrative and judicial resolutions issued by the corresponding authorities and with the standards
p.000061: of established quality.
p.000061: TITLE VI
p.000061: OF PROTECTION MEASURES
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 215.- Concept.- Protection measures are actions taken by the competent authority, through resolution
p.000061: judicial or administrative, in favor of the child or adolescent, when the risk has occurred or exists
p.000061: imminent that a violation of their rights occurs by action or omission of the State, society, their
p.000061: parents or guardians or the child or adolescent himself. In the application of the measures, preference should be given to those
p.000061: that protect and develop family and community ties.
p.000061: Protective measures impose on the State, its officials or employees or any individual, including
p.000061: parents, relatives, caregivers, teachers, educators, and the child himself or herself
p.000061: adolescents, certain actions in order to stop the act of threat, restore the right that has
p.000061: been violated and ensure permanent respect for their rights.
p.000061: Art. 216.- Concurrence of measures: One or more protection measures may be decreed for the same case and applied in
p.000061: simultaneously or successively. Its application does not prevent the imposition of sanctions that the case warrants.
p.000061: Art. 217.- List of protection measures.- Protection measures are
p.000061: administrative and judicial.
p.000061: In addition to those contemplated in Title IV of the First Book and in other legal bodies, they are measures
p.000061: administrative protection:
p.000061: 1. Actions of an educational, therapeutic, psychological or material support nature to the family nucleus, to preserve,
p.000061: strengthen or reestablish their ties for the benefit of the child or adolescent;
p.000061: 2. The order of care of the child or adolescent in their home;
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p.000061: 3. The family reintegration or return of the boy and girl to their biological family;
p.000061: 4. The order of insertion of the child or adolescent or of the person involved in the threat or violation of the
p.000061: right, in any of the protection programs contemplated by the System and which, in the judgment of the competent authority,
p.000061: it is the most appropriate according to the type of violating act, such as the order to carry out investigations
p.000061: necessary for the identification and location of the child or adolescent or their relatives and the
p.000061: clarification of the social, family and legal situation of the child or adolescent, the order to execute
p.000061: a specific action for the restitution of the violated right, such as: imposing on parents the
p.000061: enrollment of the child or adolescent in the Civil Registry or arrange for a health facility to provide
p.000061: urgent care or that an educational establishment proceed to enroll it, etc .;
p.000061: 5. The temporary removal of the person who has threatened or violated a right or guarantee, from the place where they live with
p.000061: the affected child or adolescent; and,
p.000061: 6. Emergency custody of the affected child or adolescent, in a family home or a care entity,
p.000061: up to seventy-two hours, during which time the Judge will order the corresponding protection measure.
p.000061: The following are judicial measures: foster care, institutional foster care and adoption.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 67
p.000061: Art. 218.- Competent authority and authorized entities.- They are competent to order the measures of
p.000061: protection referred to in this title, the Judges of Children and Adolescents, the Cantonal Protection Boards of
p.000061: Rights and care entities in the cases contemplated in this Code.
p.000061: Judicial protection measures can only be ordered by the Children's Judges and
p.000061: Adolescence.
p.000061: Administrative measures can be ordered interchangeably by the Children's Judges and
p.000061: Adolescence and the Cantonal Boards for the Protection of Rights, according to those who have prevented the knowledge of the
p.000061: facts that justify them.
p.000061: Care entities may only order administrative protection measures, in cases expressly
p.000061: provided for in this Code.
p.000061: Of the measures provided by the Cantonal Boards of Protection of Rights and the attention entities can
p.000061: appeal to the Childhood and Adolescence Judges, against whose resolution in this matter there will be no recourse.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 4 CODE OF CIVIL PROCEDURE, Arts. 29, 38
p.000061: Art. 219.- Monitoring, review, evaluation and revocation of the measures.- The Boards of Protection of Rights and
p.000061: The Judges for Children and Adolescents have the responsibility of monitoring the measures
p.000061: of protection that they have ordered, review their application and periodically evaluate their effectiveness, in relation
p.000061: with the purposes that were had at the time of decreeing them.
p.000061: Protection measures can be replaced, modified or revoked by the authority that imposed them.
p.000061: Chapter II
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p.000061: Foster care
p.000061: Art. 220.- Concept and purpose.- Foster care is a temporary measure of protection provided
p.000061: by the judicial authority, which aims to provide a child or adolescent deprived of their environment
p.000061: family, an ideal family and appropriate to their needs, characteristics and conditions.
p.000061: During the execution of this measure, it will seek to preserve, improve or strengthen family ties,
p.000061: prevent abandonment and seek the insertion of the child or adolescent into their biological family,
p.000061: involving parents and relatives.
p.000061: Art. 221.- Limitation on foster care.- The poverty situation of parents and relatives within
p.000061: of the third degree of inbreeding in a straight or collateral line is not in itself sufficient reason to resolve the
p.000061: foster care.
p.000061: Art. 222.- Foster care conditions.- Foster care must comply with the following
p.000061: terms:
p.000061: 1. Run in a home previously qualified for this purpose, by the competent authority;
p.000061: 2. Run in a home that, due to its location, allows the children and adolescents subject
p.000061: to the extent, normally participate in community life and can use all the services that it
p.000061: offers;
p.000061: 3. Assure children and adolescents an adequate socialization process and guarantee them security and
p.000061: emotional and affective stability; and,
p.000061: 4. Guarantee that the relationships of the foster child or adolescent develop in a family context and are
p.000061: personalized, so that the construction of their identity and the development of the
p.000061: personality.
p.000061: The regulation will establish the requirements that the foster parents must meet and more conditions that they must
p.000061: meet for the declaration of suitability.
p.000061: Art. 223.- Right to financial contribution.- The boy, girl or adolescent who is in
p.000061: Foster care has the right to receive from their relatives up to the third degree of
p.000061: consanguinity, and in the absence or impossibility of these, by the State and sectional governments,
p.000061: a monthly financial contribution sufficient to cover their needs for the duration of the foster care. The
p.000061: The amount of this financial contribution will be fixed every six months by the Judge for Children and Adolescents.
p.000061: Art. 224.- Executors of foster care.- Foster care will be carried out through families
p.000061: registered with a service entity authorized to carry out these programs.
p.000061: In order to execute a foster care program, the care entity, in addition to meeting the general standards,
p.000061: You must present a training program for foster families and individuals.
p.000061: Art. 225.- Priority for foster care.- For the foster care, the following order of
p.000061: priority:
p.000061: 1. The family to which both parents or the father or the mother according to who exercises the homeland
p.000061: power, has delivered the child or adolescent for their care and upbringing; and,
p.000061: 2. A family that guarantees the protection and integral development of the child or adolescent,
p.000061: preferably of their ethnic group, town or culture.
p.000061: All persons entrusted with the care and protection of a child or adolescent in foster care
p.000061: family must be enrolled in a foster program that will provide education and training
p.000061: necessary and will supervise the performance of its mission. People
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p.000061: indicated in numeral 1 will be enrolled in one of the programs referred to in the previous article, since
p.000061: foster care is formalized.
p.000061: Art. 226.- Duties and obligations of the foster care entities.- In addition to the obligations
p.000061: general to any care entity, the one that executes foster care programs, must comply with the
p.000061: following specific obligations:
p.000061: 1. Assume the legal representation of the foster child or adolescent, when the resolution so determines;
p.000061: 2. Submit to the competent authority in a timely manner the global project of the family and the comprehensive project of
p.000061: care for the foster child or adolescent and ensure compliance;
p.000061: 3. Seek to strengthen family ties and overcome the causes that motivated the measure;
p.000061: 4. Periodically inform the competent authority of the general situation of the host or, at any time if
p.000061: the circumstances that motivated the measure change, so that it ratifies, modifies or ends it;
p.000061: 5. Participate in clarifying the legal situation of the child or adolescent deprived of their family environment;
p.000061: and,
p.000061: 6. Exhaust all the necessary actions to reinsert the child or adolescent in their family.
p.000061: Art. 227.- Duties and rights of the family of the child or adolescent: The parents or members of
p.000061: the family of the child and adolescent within the third degree of inbreeding in a straight or collateral line have the
p.000061: following rights and duties in foster care:
p.000061: 1. Cooperate in decisions that affect the foster child or adolescent;
p.000061: 2. Participate in determining the general aspects in which the child's family or
p.000061: adolescent intends to change to improve relationships within the family, and contribute to their
p.000061: compliance;
p.000061: 3. Participate in the determination and execution of the educational, emotional, physical aspects,
p.000061: psychological and affective that must be promoted for the growth and integral development of the child or adolescent and
p.000061: support their compliance;
p.000061: 4. Contribute financially, according to their possibilities, to the support of the child or
p.000061: foster adolescent; and,
p.000061: 5. Maintain references, links, visits and care in relation to your son, daughter or family member
p.000061: welcomed.
p.000061: In the absence or absence of the persons referred to in this article, the collaboration of the
p.000061: persons or family with which the child or adolescent was before the care.
p.000061: Art. 228.- Rights and responsibilities of the foster child or adolescent: The child or adolescent
p.000061: Foster has the following specific rights and responsibilities:
p.000061: 1. Be informed of the nature of the measure and express their opinion for fostering, according to its development
p.000061: evolutionary;
p.000061: 2. Receive adequate care and attention from those who host him;
p.000061: 3. Participate in the execution of the life project that includes all areas for its integral development; and,
p.000061: 4. Keep respect and collaborate with the foster family and the entity authorized to fulfill the objectives
p.000061: of foster care.
p.000061: Art. 229.- Termination of foster care: Foster care ends by:
p.000061: 1. The reintegration of the child or adolescent into their biological family;
p.000061: 2. Adoption of the child or adolescent;
p.000061: 3. The legal emancipation of the host, for the causes provided for in the 2nd ordinals. and 4th. of article 328 of the Code
p.000061: Civil; and,
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p.000061: 4. Resolution of the authority that ordered the measure.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 308
p.000061: Art. 230.- Prohibition of profit.- Obtaining profit as a consequence of the
p.000061: foster care.
p.000061: Art. 231.- Option to adopt foster children: People who have had a child or adolescent in
p.000061: foster care, will have a priority option for adoption, provided they meet the requirements
p.000061: legal.
p.000061: Chapter III
p.000061: INSTITUTIONAL WELCOME
p.000061: Art. 232.- Concept and purpose: Institutional fostering is a transitory measure of protection provided by the
p.000061: judicial authority, in cases where foster care is not possible, for those children or
p.000061: adolescents who are deprived of their family environment. This measure is the last resort and will be followed.
p.000061: only in those duly authorized care entities.
p.000061: During the execution of this measure, the responsible entity has the obligation to preserve, improve,
p.000061: strengthen or restore family ties, prevent abandonment, seek the reintegration of the child, or
p.000061: teen in your birth family or seeking adoption.
p.000061: Art. 233.- Termination of institutional fostering.- Institutional fostering ends by:
p.000061: 1. Reinsertion of the child or adolescent in their biological family;
p.000061: 2. Foster care;
p.000061: 3. Adoption of the child or adolescent;
p.000061: 4. Legal emancipation of the host; and,
p.000061: 5. Resolution of the competent authority that ordered it.
p.000061: Art. 234.- Rules applicable to institutional care.- Are applicable to institutional care the
p.000061: Relevant foster care provisions, especially those related to the limitation of foster care due to
p.000061: poverty, economic contribution, duties and obligations of the foster child, duties and rights of children and
p.000061: teenagers and their family, as well as the prohibition of profit.
p.000061: TITLE VIII
p.000061: ADMINISTRATIVE PROCEDURE FOR THE PROTECTION OF RIGHTS
p.000061: Art. 235.- Provenance and competent body.- The procedure regulated in this title is applied for the substantiation of
p.000061: the following matters:
p.000061: a) The application of protective measures when there has been a threat or violation of individual rights or
p.000061: groups of one or more children or adolescents;
p.000061: b) The knowledge and sanction of the infractions sanctioned with warning; and,
p.000061: c) The knowledge and sanction of the irregularities committed by the attention entities, it is up to
p.000061: the bodies that registered and authorized the offending entity.
p.000061: The knowledge and resolution of the matters indicated in paragraphs a) and b) correspond to the Cantonal Board of
p.000061: Protection of Rights of the canton where the threat, violation of law or infraction occurred.
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p.000061: Article 236.- Active legitimation.- Without prejudice to the power of the competent bodies to act ex officio and of the
p.000061: In cases where public action is granted, they can propose administrative protection action:
p.000061: 1. The affected child or adolescent;
p.000061: 2. Any member of your family, up to the fourth degree of consanguinity and second of affinity;
p.000061: 3. The Ombudsman's Office;
p.000061: 4. The Community Defenders; and,
p.000061: 5. Any other person or entity that has an interest in it.
p.000061: Art. 237.- Beginning of the procedure.- The administrative procedure for the protection of rights can be initiated from
p.000061: ex officio or by verbal or written complaint in which it will be indicated:
p.000061: 1. The organism before which he appears;
p.000061: 2. The names, surnames, age and address of the complainant and the quality in which he appears;
p.000061: 3. The most detailed identification possible of the affected child or adolescent;
p.000061: 4. The most detailed possible identification of the person or entity reported; and,
p.000061: 5. The circumstances of the denounced fact, indicating the right affected or the
p.000061: imputed irregularity.
p.000061: Within forty-eight hours of knowing the fact or receiving the complaint, the agency,
p.000061: The administrative officer will take notice and will set the day and time for the answering hearing.
p.000061: The summons for the hearing will be practiced personally or through a ballot left at home.
p.000061: of the aforementioned in business day and time.
p.000061: Art. 238.- Hearing.- The oral arguments of the parties will be heard at the hearing, beginning with the complainant,
p.000061: after which the adolescent, in any case, or the boy or girl who is in conditions of
p.000061: Express your opinion.
p.000061: The substantive body will then seek conciliation between the parties, if the nature of the matter so
p.000061: allows, in accordance with the law. Likewise, you can refer the case to a specialized center for
p.000061: mediation.
p.000061: If the parties reconcile, a protection measure will be established to promote relations between those affected
p.000061: and the mechanisms for evaluating and monitoring the measure will be determined. Otherwise, if there are facts that
p.000061: must be proven, the substantiating body will immediately convene a new hearing for the surrender of
p.000061: tests, which must be held no later than the following five business days.
p.000061: The substantiating body shall have the power to order the tests and investigations that it considers
p.000061: necessary.
p.000061: Matches:
...
p.000061: failed or denied the petition. The appeal must be filed within three days from
p.000061: the contested resolution was issued or the reconsideration was denied, as appropriate.
p.000061: The appeal for reversal will be resolved in a hearing set for this purpose, in accordance with the rules of this
p.000061: The same section in which the parties will present only their oral arguments.
p.000061: The file containing the appeal will be sent within a maximum period of forty-eight hours to the Judge
p.000061: Childhood and Adolescence, which will advocate knowledge of the administrative process and call a
p.000061: hearing to resolve the appeal that must be carried out within a maximum term of seventy-two hours.
p.000061: At the resolution hearing, the parties may present their oral arguments and only and exclusively
p.000061: those tests that demonstrate that by their nature they were not known in the administrative process.
p.000061: The Judge of Children and Adolescents, within a period of five days, must issue a sentence, which may not be
p.000061: object of any subsequent appeal and must be executed immediately. None of these resources will suspend
p.000061: the execution of the protection measures adopted.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 325, 327
p.000061: Art. 242.- Withdrawal.- The withdrawal of the administrative action does not prevent the organ
p.000061: The substantiator can continue with the procedure, when deemed necessary for the adequate protection of the
p.000061: rights of the affected child or adolescent.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 373, 374, 375, 376
p.000061: Art. 243.- Maximum duration of the administrative procedure.- In no case the substantiated procedure
p.000061: before the administrative body it may last more than thirty business days.
p.000061: Art. 244.- Sanctions for denial of justice.- When the competent administrative body unduly refuses
p.000061: to process a complaint filed in accordance with the rules of this title, members who
p.000061: they concurred with their vote to the refusal, with a fine of
p.000061: 50 to 100 dollars. When it exceeds the maximum terms contemplated for the duration of the
p.000061: procedure, its members responsible for the delay will be sanctioned with the penalty of fine provided in the
p.000061: article 249.
p.000061: For the application of this sanction the judicial procedure of the following title will be used.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 65
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 18
p.000061: TITLE IX
p.000061: INFRINGEMENTS AND SANCTIONS
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 245.- Competent authority.- The infractions that in this title have been assigned a fine,
p.000061: they constitute administrative infractions and will be judged and sanctioned by the Rights Protection Board
p.000061: of the canton where the offense was committed.
p.000061: The members of the Councils for Children and Adolescents and the Boards for the Protection of Rights will be judged and
p.000061: sanctioned by the Judges of Childhood and Adolescence of the respective jurisdiction.
p.000061: For the application of custodial sanctions, the provisions of the Code of Procedure shall be followed.
p.000061: Penal.
p.000061: Art. 246.- Destination and collection of fines.- Fines collected in accordance with this
p.000061: Code will be directly deposited in the Fund for the Protection of Children and Adolescents. In case of
p.000061: delay in the payment of the fines, its collection will be in charge of the respective Municipality that will have coercive jurisdiction
p.000061: for the effect.
p.000061: Art. 247.- Special sanctions for suspension and closure.- Public service and attention entities and
p.000061: private that violate or threaten the rights of children and adolescents, in addition to the penalties of fine provided
p.000061: in this title, they will be sanctioned with a suspension of five days, the first time, one month the second and with
p.000061: final closure the third time.
p.000061: Chapter II
p.000061: Offenses sanctioned with a fine
p.000061: Art. 248.- General sanction.- Anyone who threatens or violates any of the rights or guarantees contemplated in any way.
p.000061: in this Code and more laws, in favor of a child or adolescent, and whose conduct of action or omission does not have
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
p.000061: 5. Educational establishments that unjustifiably expel a child or adolescent,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 66
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: do not allow their right to defense and deny the guarantees of due process;
p.000061: 6. Educational establishments that impose unjustified disciplinary sanctions on a child or adolescent,
p.000061: do not allow their right to defense and deny the guarantees of due process; and,
p.000061: 7. Establishments and authorities that violate the exercise of the right to diversity or cultural identity.
p.000061: The payment of the fine does not exempt educational establishments from restoring the violated right.
p.000061: Art. 250.- Violations against the right to information.- They will be sanctioned with the fine indicated in the article
p.000061: previous:
p.000061: 1. The media, cinemas, theaters and public shows and those responsible for their programming, which
p.000061: comply with the obligation to announce, with due anticipation, the nature and age classification for the audience
p.000061: or enter their programs;
p.000061: 2. Media directors, video and recording editors, and manufacturers
p.000061: and merchants of products aimed at children or adolescents, whose publications,
p.000061: editions and packaging of products contravene the prohibitions contained in article 46;
p.000061: 3. Those responsible for establishments and shows, public or private, that admit boys, girls and
p.000061: teens to shows and shows not rated as age-appropriate; and,
p.000061: 4. People who promote or allow any form of participation, public or private, of children,
p.000061: girls and adolescents in programs, commercial messages and shows whose content is inappropriate for their age.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 251.- Infractions against the right to privacy and image.- They will be sanctioned with a fine
p.000061: indicated in article 248:
p.000061: 1. The media, those responsible for programming or editing, and journalists, who disseminate
p.000061: information that allows or enables the identification of a teenager involved in criminal prosecution, or
p.000061: from their relatives;
p.000061: 2. The media and persons indicated in the previous numeral, that publish or exhibit reports, voice or image or any
p.000061: data or information that allows the identification of a child or adolescent who has been the object of any form of
p.000061: sexual abuse or maltreatment;
p.000061: 3. Public officials who by any means, directly or indirectly, do or allow them to be done
p.000061: public the police or judicial records of the adolescents that have been investigated,
p.000061: prosecuted or deprived of their liberty for a criminal offense, in contravention of the provisions
p.000061: by article 53;
p.000061: 4. Those who use the image of a child or adolescent in any means of communication or advertising resource
p.000061: without the express authorization of the latter or his legal representative; and,
p.000061: 5. Natural or legal persons who distort, ridicule or exploit through any means the image of
p.000061: children or adolescents with disabilities.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 252.- Infractions related to adoption.- They will be sanctioned with the fine indicated in the article
p.000061: 248:
p.000061: 1. Those who condition consent for adoption to any consideration of a character
p.000061: economic; and,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 67
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 2. The tutor who adopts his pupil without having previously approved the accounts of his administration.
p.000061: Article 253.- Other infractions sanctioned with a fine.- They will be sanctioned with the fine indicated in article 248:
p.000061: 1. The directors of health facilities that deny the provision of emergency medical services to a
p.000061: boy, girl or adolescent; or the safe stay of a newborn with his mother; or that in any way
p.000061: breaches the obligations described in article 30, if it does not result in death or serious and permanent damage
p.000061: for health, the child, adolescent or mother;
p.000061: 2. Payers, or those who substitute for them, in the public or private sector, who do not comply with the resolution
p.000061: court ordering the withholding of compensation of an employee, worker, retired or retired for the payment of a
p.000061: alimony in favor of a boy, girl or adolescent;
p.000061: 3. The legal representatives of the attention entities that do not fulfill the obligations indicated in the
p.000061: Article 211. The same sanction shall be incurred, in cases of similar non-compliance, by natural persons who have
p.000061: his position a protection program;
p.000061: 4. Public officials, of the central and sectional administration, who do not send the information in a timely manner and
p.000061: documents that are required by the Cantonal Boards of Protection of Rights or the Municipalities, for the
p.000061: fulfillment of its functions;
p.000061: 5. The judge ministers, members of the Cantonal Councils for Children and Adolescents and of the Protection Boards
p.000061: of Rights and municipalities, judges and public officials, who refuse to hear a boy, girl or
p.000061: adolescent, who are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 6. Those who by any means put restrictions that prevent the exercise of the right of assembly and free association
p.000061: of a boy, girl or adolescent, outside the cases expressly allowed by law;
p.000061: 7. The members of the Public Ministry, the defenders of childhood and adolescence, the public defenders or the
...
p.000061: related to the protection of the rights and guarantees of children and adolescents regulated in this Code.
p.000061: Art. 256.- Guiding principles.- The Administration of Specialized Justice for Children and
p.000061: Adolescence will guide its actions and resolutions with strict adherence to the principles, rights, duties and
p.000061: responsibilities established in this Code.
p.000061: Its management is also inspired by the principles of humanity in the application of law, prioritization
p.000061: of equity over the rituality of prosecution, legality, independence, gratuitousness, morality,
p.000061: speed and efficiency.
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000061: Art. 257.- Guarantees of due process.- In all judicial proceedings that are substantiated pursuant to this
p.000061: Code, people will have the inviolability of the defense, the contradiction, the challenge, the
p.000061: immediacy, the right to be heard and other guarantees of due process.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 258.- Testimony of the offended boy, girl and adolescent.- In all judicial or
p.000061: administrative, the judge or the competent authority, will ensure that the best interests of the child or
p.000061: teenager who has been offended by the commission of a criminal offense.
p.000061: The child or adolescent will declare without oath, in the presence of their parents or guardian.
p.000061: If they do not have them, the Judge will designate and possess a special curator on the spot, preferring for the effect
p.000061: to a trusted person of the declarant.
p.000061: The declaration must be practiced in a reserved manner and under conditions that respect privacy, physical integrity and
p.000061: emotional of the child or adolescent. The procedural parties may witness the statement, if the Judge
p.000061: considers that it does not violate the best interests of the child or adolescent.
p.000061: After the declaration, the judge may authorize the interrogation of the parties through him.
p.000061: The Judge will not allow the questions that contravene the provisions of this
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 69
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 515
p.000061: CIVIL PROCEDURE CODE, Arts. 122, 138, 152, 209
p.000061: Chapter II
p.000061: Organs of the Administration of Specialized Justice for Children and Adolescents
p.000061: Art. 259.- Jurisdictional bodies.- The Administration of Specialized Justice for Children and
p.000061: Adolescence is made up of the Courts for Children and Adolescents and the Courts for Adolescents
p.000061: Violators.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 167
p.000061: Art. 260.- In attention to the needs of the justice administration service, the Judicial Council may
p.000061: provide for the existence of a technical office as an auxiliary body for the judges of children and
...
p.000061: and Adolescence, which is not contemplated in this Code, the rules of the Organic Law of the
p.000061: Judicial function.
p.000061: Art. 262.- Jurisdiction of the Teenage Offender Judges. Corresponds to the Teen Judges
p.000061: Offenders within their respective territorial constituencies, knowledge and resolution of matters
p.000061: related to the responsibility of the adolescent who treats the Fourth and Fifth Books.
p.000061: In the cantons where there is no judge of offending adolescents, the knowledge of the causes will correspond to the
p.000061: Family judge, woman, childhood and adolescence.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 70
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: CIVIL PROCEDURE CODE, Arts. 1, 16
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 175, 178
p.000061: Art. 263.- Special requirements to be a Judge.- In addition to the general requirements established in the Organic Law of
p.000061: the judicial function, to be a judge for children and adolescents, you must participate in an opposition contest and
p.000061: merits, whose aptitude test will include an evaluation of the candidate's knowledge and understanding
p.000061: about the principles and rules of this Code, Political Constitution, Convention on
p.000061: Rights of the Child and more international instruments in force on the rights and guarantees of children
p.000061: and adolescents.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 170
p.000061: Chapter III
p.000061: The judicial action for protection
p.000061: Art. 264.- Purpose and nature.- The judicial action for protection aims to obtain a
p.000061: judicial order for the protection of the collective and diffuse rights of children and
p.000061: adolescence, and consists in the imposition of a certain behavior of action or omission, of possible
p.000061: compliance, directed to the person or entity required, with the precautions provided by law.
p.000061: Art. 265.- Active legitimation. - The following may propose legal action for protection:
p.000061: a) The Rights Protection Boards, in cases of threats or violations of rights produced in their
p.000061: respective jurisdiction;
p.000061: b) The Ombudsman's Office; and,
p.000061: c) Any person over the age of fifteen who has an interest in it.
p.000061: For the action of literal c), the sponsorship of a lawyer will be required.
p.000061: Art. 266.- Competent body.- Knowledge and resolution of the judicial action for protection
p.000061: corresponds to the Judge of Children and Adolescents of the jurisdiction in which the violation of the right has occurred, in
p.000061: the domicile of the defendant or that of the plaintiff, at the latter's choice.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 45, 48 CODE OF CIVIL PROCEDURE, Arts. 26
p.000061: Art. 267.- Procedure.- The summary procedure that guarantees the contradiction will be applied to this action.
p.000061: procedural, due process guarantees and the right to effective judicial protection.
p.000061: Chapter IV Legal proceedings
p.000061: First Section
p.000061: Special rules for the investigation of the Police and the Technical Office
p.000061: Art. 268.- Investigation.- This Code regulates the investigation of the Police and the Technical Office for Children and the
p.000061: Adolescence for the substantiation of research aimed at:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 71
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Locate children and adolescents deprived of their family environment, presumably lost, disappeared or
p.000061: plagiarized; and,
p.000061: 2. Identify and locate the places of residence of the father, mother or relatives within the third
p.000061: degree of consanguinity absent or missing of the child or adolescent.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 269.- Petition.- The official judge or at the request of any service entity, the mother, the
p.000061: father or relatives of the child or adolescent, as the case may be, will dictate a car in which they will have
p.000061: the corresponding investigation tending to identify and locate the child or adolescent, their parents and others
p.000061: relatives, as the case may be.
p.000061: The investigation will involve the Public Ministry, DINAPEN or other Police units
p.000061: Nacional and the Technical Office, who are required to submit monthly reports on activities
p.000061: carried out and their results.
p.000061: The Judge may request clarification, extensions or reform of the reports presented.
p.000061: Art. 270.- Reinsertion of the child or adolescent in their biological family. - If the investigation
p.000061: allow to locate the child or adolescent or identify the child or adolescent or identify the father, the
p.000061: mother or other relatives or persons responsible for the care of the child or adolescent, as the case may be, the Judge
p.000061: will order the reintegration to his family, without prejudice to other protection measures that may be necessary.
p.000061: If the investigation allowed to identify and locate relatives within the third degree of
p.000061: consanguinity of the child or adolescent, the Judge will call a hearing and appoint a guardian to assume their care and
p.000061: protection.
p.000061: If, from the qualification order, the terms stipulated in this Code for the deprivation of the
p.000061: parental authority or ninety days for the declaration of adoptability of the child or adolescent for the reasons
p.000061: first, third and fourth of article 158 of this Code and the reports of the investigation carried out do not allow
p.000061: determine, identify and locate the father, mother or both or the relatives within the referred degrees, the Judge
p.000061: declare the adoptability of a child or adolescent.
p.000061: To the demand of deprivation of parental authority for unjustified absence of the father, mother or both, according
p.000061: corresponds, a certified copy of the police and social investigation process and its omission must be accompanied
p.000061: is cause of nullity of the judgment.
p.000061: The Judge who is aware of the demand for the deprivation of parental authority, in the order to classify the claim, will
p.000061: record that it meets all the requirements of law.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 22 CIVIL CODE (BOOK I), Arts. 303, 304, 305, 306, 367
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 112, 113
p.000061: Second section
p.000061: The general contentious procedure
p.000061: Art. 271.- Matters to which it is applied.- The norms of this section will be applied for the
p.000061: substantiation of all matters related to the matters covered by the Second Book, those of the Third Book
p.000061: whose resolution is the exclusive competence of the Judge of Children and Adolescents and
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 72
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: in which an actively legitimized person raises a legal claim.
p.000061: Matches:
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 62
p.000061: Art. 272.- The demand and the summons.- The demand must meet the requirements contemplated in article 71 of the Code
p.000061: of Civil Procedure and the Judge will qualify it within the forty-eight hours following the presentation of the
p.000061: same.
p.000061: In his first ruling the Judge will classify it and, if he meets the legal requirements, he will accept it for processing, case
p.000061: Otherwise it will be ordered to complete it as provided in article 73 of the aforementioned Code.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 66, 73
p.000061: Art. 273.- Conciliation and reply hearing.- The conciliation hearing will be conducted
p.000061: personally by the Judge, who will initiate it promoting in the parties a conciliatory settlement that, if any, will be
p.000061: approved at the same hearing and will end the trial.
p.000061: If no conciliation occurs, the Judge will immediately hear the parties' rebuttals and counter-rebuttals, beginning
p.000061: for the defendant's answer, who, after the plaintiff's argument, will have the opportunity to make a brief
p.000061: replica. After the allegations have been concluded, the opinion of the adolescent, necessarily, or of the child or
p.000061: girl who is of age and conditions to lend it.
p.000061: Before closing the hearing, the Judge will insist on a conciliation of the parties; if there is not and there are facts that
p.000061: must be proven, it will call the evidence hearing that must be held not earlier than fifteen nor after twenty days
p.000061: counted from the date of the signaling.
p.000061: Art. 274.- Provisional resolution.- In lawsuits on parental authority, provision of maintenance and
p.000061: visitation regime, the judge will necessarily make a provisional determination on the claim of the
p.000061: plaintiff, in the same hearing that the previous article deals with. If there is agreement of the
p.000061: parents in this regard, will end the trial.
p.000061: This fixation may be modified in the manner indicated in article 278.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 355
p.000061: Art. 275.- Evidence hearing.- In the evidence hearing, actor and defendant, in the same order, will present the
p.000061: evidentiary means that would have been duly announced, beginning with the examination of the witnesses, which may be
p.000061: questioned by the defenders of both parties, and the reports of the technicians, who must respond to the
p.000061: observations and requests for clarification or extension that they make.
p.000061: By the Clerk of the Court, a summary reading of the documents added by the parties and of the official documents will be given.
p.000061: reports that have been received.
p.000061: The interrogations of the defense attorneys will be made directly to the witnesses, experts and
...
p.000061: article 277.
p.000061: Art. 281.- Appeal. - The appeal proceeds only against the resolution order of
p.000061: second instance, for the causes and with the formalities contemplated in the law.
p.000061: The substantiation of this resource in the Specialized Chamber of the Supreme Court of Justice will be adjusted
p.000061: to the procedure indicated in the Cassation Law.
p.000061: Matches:
p.000061: CASATION LAW, Arts. 2. 3
p.000061: Art. 282.- Duration of the procedure.- The procedure referred to in this section may not
p.000061: last more than fifty days of term counted from the summons with the demand in the first instance; no more than
p.000061: twenty-five days from the receipt of the process, both in the second instance and in the case of cassation.
p.000061: In case of breach of these terms, the National Council of the Judiciary will sanction the Judge and each of
p.000061: the Judge Ministers of the corresponding Chamber, with a fine of twenty dollars for each business day or fraction of the day of
p.000061: delay, in case of recidivism the National Council of the Judiciary will apply the corresponding sanctions.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 74
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 33, 34
p.000061: Art. 283.- Supplementary regulations.- In everything not foreseen in this section, the provisions of the Code of
p.000061: Civil Procedure and the Cassation Law.
p.000061: Third Section
p.000061: Special rules for the adoption procedure
p.000061: Art. 284.- Content of the application and qualification.- The application for adoption must be presented by the candidates for
p.000061: adopters before the Judge of Childhood and Adolescence of the domicile of the child or adolescent whom it is intended
p.000061: adopt.
p.000061: The file with the previous actions of the Technical Unit of Adoptions will be attached to the demand
p.000061: respective, in which you must include a copy of the judgment of the declaration of adoptability, of the International Agreement
p.000061: of Accreditation of Authorized Entities, if applicable.
p.000061: Within seventy-two hours of filing the claim, the Judge will examine whether it meets the requirements of
p.000061: law and if the file has been attached with the previous actions of the respective Technical Adoption Unit with
p.000061: the other documents. If from the examination of the documents attached to the complaint, I find that the
p.000061: presuppositions of the adoptability of the child or adolescent; the requirements for the qualification of candidates for
p.000061: adopters and the allocation phase meets all the requirements provided by law, the judge will qualify the demand and
p.000061: will provide the recognition of signature and heading of the plaintiffs.
p.000061: In case of any violation of the administrative procedure, if any of its phases had been omitted
p.000061: or the documents are incomplete, the Judge will grant three days to complete the demand.
p.000061: It is the Judge's obligation to notify this order to the respective Technical Adoption Unit.
p.000061: Art. 285.- Hearing.- Once the signature and signature recognition has been made, the official judge will summon the candidates to
p.000061: adopters at a hearing to be held within the next five business days from
p.000061: the notification of the order that summons it; the audience must personally attend the
p.000061: Candidates for adopters, the child who is in a position to express their opinion or the adolescent.
p.000061: The hearing will begin with the manifestation of the will of the adoptive candidates to adopt. Then
p.000061: the judge will question them to verify their knowledge of the legal and social consequences of the
p.000061: adoption. After that, he will listen privately to the boy or girl to be adopted who is in a condition of age and
p.000061: development to express your opinion. If it is a teenager, your consent will be required, according to what
p.000061: provided in article 164 of this Code.
p.000061: Concluded the hearing, will pronounce sentence in the form prescribed in article 277 of this Code against which
p.000061: the appeal will proceed before the Superior Court of the district.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 273, 274, 323
p.000061: Art. 286.- Verification of identities and causes of appearance.- The Judge will verify with the instruments
p.000061: relevant public, the identity of relationship or appointment of guardian, as the case may be, of the
p.000061: persons who appear under the provisions of articles 163 and
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 75
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 166 of this Code.
p.000061: If you have doubts about the paternity or maternity of the person or parties, you can order the practice
p.000061: Comparative Examination of Deoxyribonucleic Acid (DNA) Bands or Sequence Patterns
p.000061: of the child or adolescent to be adopted and of those who present themselves as parents. If these
p.000061: The latter refuse Unjustifiably to the practice of the exam, consent will be considered denied. If the negatives
p.000061: are founded on lack of economic resources to cover their costs, the procedure provided in the
p.000061: rule 4 of article 131 of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 16, 24 CIVIL CODE (BOOK I), Arts. 253
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63 CODE OF CIVIL PROCEDURE, Arts. 164
p.000061: Art. 287.- Second instance.- The appeal will be substantiated by the Superior Court Chamber
p.000061: of the District, in a single hearing. The sentence will be pronounced in the manner indicated in article 277.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 273, 274, 323
p.000061: Art. 288.- Additional requirement for international adoptions.- In the case of adoptions
p.000061: international, the file with the documents mentioned in
p.000061: Article 183 of this Code, the report of the Technical Adoption Unit indicated in Article 184,
p.000061: the certificate of assignment and acceptance of the candidates for adopters.
p.000061: Art. 289.- Form of granting consent for adoption.- The parent or parents who wish to give adoption to
p.000061: your son or daughter will submit a request to the Judge of the domicile of the child or adolescent, so that
p.000061: your consent is received. The petition must contain the names, surnames; profession or activity and
p.000061: domicile of the applicants and of the son or daughter whose adoption they consent; and attach the heading of
p.000061: birth of the latter.
p.000061: The Judge will qualify the petition within seventy-two hours after its presentation and
p.000061: will provide for the recognition of the signature and signature of the petitioners. Made the recognition, will point
p.000061: day and time for the hearing that must be held within the fifteen days following the notification of the
p.000061: providence that summons it. At the hearing, the Judge will explain to the applicants the consequences
p.000061: legal and social aspects of the adoption and if these are ratified in your decision, you will receive your consent
p.000061: and will decree a provisional protection measure in favor of the child or adolescent.
p.000061: After the hearing, it will provide that the Technical Adoption Unit, the Specialized Police for Children,
p.000061: Girls or Adolescents and the Technical Office carry out investigations aimed at locating relatives, within
p.000061: of the fourth degree of consanguinity, of the child or adolescent, who can take charge permanently and
p.000061: stable of your care.
p.000061: If the results of the investigations are positive and any of these relatives express their
p.000061: Willingness to take care of this care, will forward the record to the Civil Judge so that he can proceed to
p.000061: discernment of guardianship. Otherwise it will declare the boy, girl or adolescent in legal aptitude to
p.000061: be adopted.
p.000061: For the development of the investigations referred to in the preceding paragraphs, the Judge will grant
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 76
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: a term of not less than sixty nor more than one hundred and twenty days.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 22 CIVIL CODE (BOOK I), Arts. 398
p.000061: Fourth Section
p.000061: Special rules for the judgment of possession
p.000061: Art. 290.- Monitoring of tenure.- In the resolution on tenure, the Judge will order that the Technical Office
p.000061: regularly monitor tenure and report on your results.
p.000061: Art. 291.- Motivation of the resolution order.- The order that resolves on the possession, must consider obligatorily
p.000061: the position of the child or adolescent during the hearing, being careful not to reveal what he / she declared in
p.000061: exercise of your right to be heard.
p.000061: Fifth Section
p.000061: Special rules for the trial of fixation of maintenance
p.000061: Article 292.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000061: Tenure and parental authority must be processed by separate rope. Prohibition of counterclaim in these
p.000061: Actions.
p.000061: Art. 293.- Power to dispose evidence ex officio.- The Judge may order ex officio the practice of the evidence that
p.000061: deem necessary to establish the economic capacity of the feeder and the needs of the fed.
p.000061: TITLE XI
p.000061: THE MEDIATION
p.000061: Art. 294.- Cases in which it proceeds.- Mediation will proceed in all transferable matters provided that
p.000061: violate inalienable rights of childhood and adolescence.
p.000061: Art. 295.- Special rules.- It will be carried out before a Mediation Center of those indicated in the following article.
p.000061: Those interested may intervene personally or through attorneys.
p.000061: The opinion of the child or adolescent who is in a position to express it will be heard.
p.000061: Art. 296.- Qualification of Mediation Centers.- Mediation Centers must be authorized
p.000061: legally to be able to intervene in the matters covered by this Code.
p.000061: Art. 297.- Supplementary regulations.- In what is not foreseen in this title, the provisions will be applied.
p.000061: relevant to the special law on the matter.
p.000061: TITLE XII
p.000061: ECONOMIC RESOURCES OF THE SYSTEM
p.000061: Art. 298.- Financing from the National Council for Children and Adolescents.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 299.- Financing of the Cantonal Councils for Children and Adolescents and Cantonal Boards
p.000061: for the Protection of Children and Adolescents.-
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 77
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 300.- Of the National Fund for the Protection of Children and Adolescents.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 301.- Of the sources of resources.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
...
p.000061: the presumption of article 5 and will be subject to the provisions of this Code until said presumption is destroyed
p.000061: according to law.
p.000061: The official who contravenes the provisions of this article will be removed from office by the
p.000061: corresponding authority.
p.000061: Art. 326.- Reasons for apprehension.- Police officers and anyone can apprehend a teenager:
p.000061: a) When he is caught in flagrant infraction of public action. There is flagrancy when it is apprehended
p.000061: to the author at the same moment of the commission of the offense or immediately after its commission, if it is
p.000061: apprehended with weapons, instruments, prints or documents related to the offense just committed;
p.000061: b) When you have escaped from a specialized detention center in which you were complying with a partner measure -
p.000061: educational; and,
p.000061: c) When the competent Judge has ordered the deprivation of liberty.
p.000061: No adolescent may be detained without a trial formula for more than twenty-four hours. Elapsed
p.000061: said period without being resolved on his arrest, the Coordinator or person in charge of the Internment Center will set it
p.000061: immediately released.
p.000061: No child may be detained, even in the event of a flagrant offense. In this event, it must be delivered from
p.000061: immediately to their legal representatives and, if they do not have them, to a service entity. It is prohibited to receive a child in a
p.000061: Internment Center; and if in fact it happens, the Center Coordinator will be removed from his post.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 327.- Procedure in cases of apprehension.- In the cases of the previous article, if the apprehension
p.000061: of the adolescent is carried out by police officers, they must immediately send it to the
p.000061: Prosecutor for Teenage Offenders with a detailed report on the circumstances of the arrest, the
p.000061: material evidences and the identification of the possible witnesses and of the apprehensors.
p.000061: When it has been practiced by any other person, it must be delivered immediately to the police unit or agent
p.000061: closest, those that will proceed in the manner indicated in the previous paragraph.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 83
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: If the detainee shows signs of physical abuse, the Prosecutor will order his transfer to a
p.000061: health facility and will open the investigation to determine the cause and type of injuries and those responsible.
p.000061: When the fact that motivated the adolescent's deprivation of liberty is not classified as an offense
p.000061: By the Comprehensive Organic Penal Code, the Prosecutor will immediately release him.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
...
p.002014: Twelfth.- Within a period of thirty days from the effective date of this
p.002014: Code, the attention entities that currently execute or are in charge of programs or projects of attention to
p.002014: childhood and adolescence, they will request their registration in the corresponding canton.
p.002014: Before proceeding to the registration, the respective cantonal council of childhood and adolescence will make an evaluation
p.002014: of the suitability of the applicant, based on the efficiency with which they have fulfilled the programs and
p.002014: projects in your charge.
p.002014: In the event that the relevant organizations have not been integrated at the cantonal level, said registration will be made
p.002014: before the National Council for Children and Adolescents.
p.002014: Thirteenth.- Within sixty days after their possession, the Judges of Childhood and Adolescence
p.002014: They will visit the current detention centers for adolescent offenders in their jurisdiction for the
p.002014: control of the legality of deprivation of liberty.
p.002014: Fourteenth.- The readjustment referred to in article 139 of this Code will apply to
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 113
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: food benefits fixed prior to the entry into force of this Code, within
p.002014: the thirty days following the publication of this Code in the Official Registry.
p.002014: Fifteenth.- The Ministry of Education and Culture is in charge of preparing an edition of this Code with
p.002014: its explanatory statement and an annex with the Convention on the Rights of the Child, in a sufficient number to be
p.002014: distributed free of charge to all students of the public schools and colleges of the Republic, and at cost price
p.002014: to those of private establishment. This order must be executed within a maximum period of one year.
p.002014: Final Art.- This Code will enter into force one hundred eighty days after its publication in the Registry
p.002014: Official.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 114
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p.000069: Law 100
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE
p.000069: Official Registry 737 of Jan 3, 2003 Last modified: Jul 7, 2014 Status: Valid
p.000069: NATIONAL CONGRESS
p.000069: In use of its constitutional and legal powers, issues the following: CODE OF CHILDREN AND ADOLESCENTS
p.000069: BOOK FIRST
p.000069: CHILDREN, GIRLS AND ADOLESCENTS AS SUBJECTS OF RIGHTS
p.000069: TITLE I DEFINITIONS
p.000069: Art. 1.- Purpose.- This Code provides for the integral protection that the State, society and the family must
p.000069: guarantee to all children and adolescents living in Ecuador, in order to achieve their integral development
p.000069: and the full enjoyment of their rights, within a framework of freedom, dignity and equity.
p.000069: To this end, it regulates the enjoyment and exercise of children's rights, duties and responsibilities,
p.000069: girls and adolescents and the means to make them effective, guarantee and protect them, in accordance with
p.000069: principle of the best interest of childhood and adolescence and the doctrine of comprehensive protection.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 2.- Protected subjects.- The rules of this Code are applicable to all human beings, from their
p.000069: conception until I am eighteen years old. By exception, it protects people who have reached that age, in
p.000069: the cases expressly contemplated in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 157 CIVIL CODE (BOOK I), Arts. 41
p.000069: Art. 3.- Supplementality.- In what is not expressly provided for in this Code, the other regulations will apply.
p.000069: of the internal legal order, that do not contradict the principles recognized in this Code and are
p.000069: more favorable for the enforcement of the rights of children and adolescents.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
p.000069: Art. 8.- Co-responsibility of the State, society and the family.- It is the duty of the State, society and the family,
p.000069: within their respective areas, adopt political, administrative, economic, legislative measures,
p.000069: social and legal that are necessary for full validity, effective exercise, guarantee, protection and
p.000069: enforceability of all children's rights; girls and adolescents.
p.000069: The State and society will formulate and apply social and economic public policies; and they will allocate resources
p.000069: sufficient financial resources, in a stable, permanent and timely manner.
p.000069: Art. 9.- Basic function of the family.- The law recognizes and protects the family as the natural and fundamental space
p.000069: for the integral development of children and adolescents.
p.000069: Priority corresponds to the father and the mother, the shared responsibility of respect, protection and
p.000069: childcare and promotion, respect and enforcement of their rights.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 220, 268
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 2
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 10.- Duty of the State to the family.- The State has the priority duty to define and execute policies,
p.000069: plans and programs that support the family to fulfill the responsibilities specified in the
p.000069: previous article.
p.000069: Jurisprudence:
p.000069: Judicial Gazette, AMOUNT AND FORM OF FOOD SUPPLY, Feb 14, 2007
p.000069: Art. 11.- The best interest of the child.- The best interest of the child is a principle that is aimed at satisfying
p.000069: the effective exercise of all the rights of children and adolescents; and imposes on all
p.000069: administrative and judicial authorities and public and private institutions, the duty to adjust their
p.000069: decisions and actions for compliance.
p.000069: In order to appreciate the best interest, the need to maintain a fair balance between rights and
p.000069: duties of children and adolescents, in the way that best suits the realization of their rights and
p.000069: guarantee.
p.000069: This principle prevails over the principle of ethnic and cultural diversity.
p.000069: The best interests of the child is a principle of interpretation of this Law. No one may invoke it.
p.000069: against express norm and without previously listening to the opinion of the child or adolescent involved, who is in
p.000069: conditions to express it.
p.000069: Art. 12.- Absolute priority.- In the formulation and execution of public policies and in the provision of resources,
p.000069: absolute priority must be assigned to children and adolescents, who will also ensure preferential access to
p.000069: public services and any kind of attention they require.
p.000069: Special priority will be given to the care of children under the age of six.
p.000069: In the event of conflict, the rights of children and adolescents prevail over the rights of others.
p.000069: Art. 13.- Progressive exercise.- The exercise of rights and guarantees and compliance with the
p.000069: Duties and responsibilities of children and adolescents will be done progressively, according to their
p.000069: degree of development and maturity. Any restriction on the exercise of these rights and guarantees that is not
p.000069: expressly contemplated in this Code.
p.000069: Art. 14.- Application and interpretation more favorable to the child and adolescent.- No judicial authority or
p.000069: administrative may invoke lack or insufficiency of rule or express procedure to justify the violation or
p.000069: ignorance of the rights of children and adolescents.
p.000069: The rules of the legal system, the clauses and stipulations of acts and contracts involving children,
p.000069: girls or adolescents, or that refer to them, must be interpreted according to the principle of the best interest of the
p.000069: boy.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 18
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 169
p.000069: TITLE III
p.000069: RIGHTS, GUARANTEES AND DUTIES
p.000069: Chapter I
p.000069: General disposition
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 3
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 15.- Ownership of rights.- Children and adolescents are subjects of rights and guarantees
p.000069: and, as such, they enjoy all those that the laws contemplate in favor of people, in addition to those
p.000069: age specific.
p.000069: Foreign children and adolescents who are under the jurisdiction of Ecuador, will enjoy the
p.000069: Same rights and guarantees recognized by law to Ecuadorian citizens, with the limitations established in
p.000069: the Constitution and in the laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 13 CIVIL CODE (BOOK I), Arts. 43
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 9, 45, 61, 62
p.000069: Art. 16.- Nature of these rights and guarantees.- By their nature, the rights and guarantees of childhood and
p.000069: adolescence are of public order, interdependent, indivisible, inalienable and intransigible, except for
p.000069: exceptions expressly stated in the law.
p.000069: Art. 17.- Legal duty to denounce.- Every person, including the judicial authorities and
p.000069: administrative, that by any means is aware of the violation of a right of the child or adolescent,
p.000069: is obliged to report it to the competent authority, within a maximum period of forty-eight hours.
p.000069: Art. 18.- Enforceability of rights.- The rights and guarantees that the laws recognize in favor of the boy, girl and
p.000069: adolescent, they are powers whose observance and protection are required of people and organizations
p.000069: responsible for ensuring its effectiveness, in the way that this Code and other laws establish for that purpose.
p.000069: Art. 19.- Sanctions for violation of rights.- Violations of the rights of children and adolescents will be
p.000069: sanctioned in the manner prescribed in this Code and other laws, without prejudice to the corresponding reparation as
p.000069: consequence of civil liability.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000069: Chapter II
p.000069: Survival rights
p.000069: Art. 20.- Right to life.- Children and adolescents have the right to life from their
p.000069: conception. It is the obligation of the State, society and the family to ensure by all means at their disposal, their
p.000069: survival and development.
p.000069: Genetic and medical experiments and manipulations from fertilization of the ovum to the birth of
p.000069: boys, girls and adolescents; and the use of any technique or practice that endangers your life or affects your
p.000069: integrity or comprehensive development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 23, 49
p.000069: Art. 21.- Right to know the parents and maintain relationships with them.- Children and adolescents have
p.000069: right to know their father and mother, to be cared for by them and to maintain permanent affective relationships,
p.000069: personal and regular with both parents and other relatives, especially when they are
p.000069: separated by any circumstance, except that the
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 4
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: coexistence or relationship affect their rights and guarantees.
p.000069: They will not be deprived of this right due to lack or scarcity of economic resources of their parents.
p.000069: In cases of ignorance of the whereabouts of the father, mother, or both, the State, relatives and others
p.000069: People who have information about it, must provide it and offer the facilities to locate them.
p.000069: Art. 22.- Right to have a family and family coexistence.- Children and adolescents have the right to
p.000069: live and develop in your biological family. The State, society and the family must adopt as a priority
p.000069: appropriate measures that allow their permanence in said family.
p.000069: Exceptionally, when this is impossible or contrary to their best interests, children and adolescents
p.000069: they have the right to another family, in accordance with the law.
p.000069: In all cases, the family must provide them with a climate of affection and understanding that allows respect for their
p.000069: rights and their integral development.
p.000069: Institutional fostering, preventive detention, deprivation of liberty or any other
p.000069: A solution that distracts them from the family environment, should be applied as the last and exceptional measure.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67, 69
p.000069: Art. 23.- Prenatal protection.- The application of penalties and custodial measures to women will be replaced.
p.000069: pregnant until ninety days after delivery, and the judge must order the precautionary measures that are appropriate.
p.000069: The Judge may extend this term in the case of mothers of children with severe disabilities and qualified by the body
p.000069: relevant, for as long as necessary, according to the needs of the child.
p.000069: The person responsible for the application of this rule that violates this prohibition or allows another to
p.000069: contravenes, will be sanctioned in the manner provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248 CIVIL CODE (BOOK I), Arts. 61
p.000069: Art. 24.- Right to breastfeeding.- Boys and girls have the right to breastfeeding to ensure their
p.000069: affective bond with his mother, adequate nutrition, growth and development.
p.000069: It is the obligation of public and private health establishments to develop stimulation programs for
p.000069: breastfeeding.
p.000069: Art. 25.- Attention to pregnancy and childbirth.- Public power and health institutions and assistance to boys and girls
p.000069: and adolescents will create adequate conditions for care during pregnancy and childbirth, to
p.000069: favor of the mother and of the boy or girl, especially in the case of adolescent mothers and of boys or girls with
p.000069: weight less than two thousand five hundred grams.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 35, 42, 43, 46, 51, 363
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 5
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 26.- Right to a decent life.- Children and adolescents have the right to a decent life,
p.000069: that allows them to enjoy the necessary socioeconomic conditions for their integral development.
p.000069: This right includes those benefits that ensure a nutritious, balanced and
p.000069: enough, recreation and play, access to health services, quality education, clothing
p.000069: adequate, safe, hygienic and equipped with basic services.
p.000069: In the case of children and adolescents with disabilities, the State and the institutions that serve them
p.000069: they must guarantee the conditions, technical aids and elimination of architectural barriers for the
p.000069: communication and transportation.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 13, 24
p.000069: Art. 27.- Right to health.- Children and adolescents have the right to enjoy the highest level of health
p.000069: physical, mental, psychological and sexual.
p.000069: The right to health of children and adolescents includes:
p.000069: 1. Free access to public health programs and actions, adequate nutrition and an environment
p.000069: healthy;
p.000069: 2. Permanent and uninterrupted access to public health services, for prevention, treatment
p.000069: disease and health rehabilitation. Public health services are free for children,
p.000069: girls and adolescents who need them;
p.000069: 3. Access to free medicine for children and adolescents who need it;
p.000069: 4. Immediate and effective access to public and private emergency medical services;
p.000069: 5. Information about their health status, according to the evolutionary level of the child or adolescent;
p.000069: 6. Information and education on the basic principles of prevention in health, sanitation
p.000069: environmental, first aid;
p.000069: 7. Attention with procedures and resources of alternative and traditional medicines;
p.000069: 8. Living and developing in a stable and affective environment that allow them adequate emotional development;
p.000069: 9. Access to services that strengthen the emotional bond between the boy and girl and their mother and father; and,
p.000069: 10. The right of mothers to receive adequate prenatal and postnatal health care.
p.000069: The sale of narcotic drugs, psychotropic substances and others that may cause addiction is prohibited.
p.000069: alcoholic beverages, industrial glues, tobacco, firearms and explosives of any kind, to
p.000069: boys, girls and adolescents.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 43, 45, 46, 360, 362, 363
p.000069: Art. 28.- Responsibility of the State in relation to this right to health.- They are obligations of the State, which
p.000069: through the Ministry of Health:
p.000069: 1. Prepare and implement the policies, plans and programs that favor the enjoyment of the right
p.000069: contemplated in the previous article;
p.000069: 2. Promote the initiatives necessary to expand the coverage and quality of health services, particularly
p.000069: primary health care; and will take appropriate measures to combat maternal and infant mortality,
p.000069: child malnutrition and diseases that affect the child population;
p.000069: 3. Promote interdisciplinary action in the study and early diagnosis of delays in
p.000069: development, so that they receive the appropriate treatment and stimulation;
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p.000069: 4. Guarantee the provision of free medicine for children and adolescents;
p.000069: 5. Control the application of the complete vaccination schedule;
p.000069: 6. Develop educational programs for parents and other caregivers of children,
p.000069: girls and adolescents, to provide instruction in the basic principles of their health and nutrition, and in the advantages
p.000069: environmental hygiene and sanitation; and,
p.000069: 7. Organize specific care services for children and adolescents with physical, mental or
p.000069: sensory.
p.000069: Art. 29.- Obligations of the parents.- Corresponds to the parents and other persons in charge of the
p.000069: care of children and adolescents, provide health care that is within their reach and ensure the
p.000069: compliance with prescriptions, controls and medical and health provisions.
p.000069: Art. 30.- Obligations of health establishments.- Public and private health establishments,
p.000069: whatever their level, they are required to:
p.000069: 1. Provide emergency medical services to all children and adolescents who require them, without demanding payment
p.000069: advance or guarantees of any nature. This attention cannot be denied on the pretext of absence
p.000069: of the legal representative, the lack of financial resources, the lack of space, the cause or origin of the emergency or
p.000069: another similar circumstance;
p.000069: 2. Inform about the health status of the child or adolescent, their parents or
p.000069: representatives;
p.000069: 3. Maintain individual records stating the care and monitoring of pregnancy, childbirth and the puerperium; and
p.000069: updated records of the mother's personal data, permanent address and family references;
p.000069: 4. Identify newborns immediately after delivery, by registering their
p.000069: fingerprints and plantar prints and the mother's first name, last name, age and fingerprint; and
p.000069: issue the corresponding legal certificate for immediate registration in the Civil Registry;
p.000069: 5. Inform the parents in a timely manner of the legal requirements and procedures for the child's enrollment.
p.000069: or girl in the Civil Registry;
p.000069: 6. Guarantee the safe permanence of the newborn with his mother, until both are in
p.000069: health conditions that allow them to subsist safely outside the establishment;
p.000069: 7. Diagnosis and medical follow-up of children born with pathological problems or
p.000069: disabilities of any kind;
p.000069: 8. Inform the parents in a timely manner about the ordinary and special care they must provide to the newborn
p.000069: born, especially to children who have been found to have a disability;
p.000069: 9. Encourage the child to be fed through breastfeeding, at least until the first year of
p.000069: lifetime;
p.000069: 10. Provide a warm and quality treatment compatible with the dignity of the child and adolescent;
p.000069: 11. Immediately report to the authorities and competent bodies the cases of children and adolescents with
p.000069: signs of sexual abuse or abuse; and those in which the identity or address of
p.000069: The parents;
p.000069: 12. Collect and retain evidence of sexual abuse or maltreatment; and,
p.000069: 13. Inform the competent authorities when children with evident disabilities are born.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 362, 365
p.000069: Art. 31.- Right to social security.- Children and adolescents have the right to security
p.000069: Social. This right consists of effective access to the general benefits and benefits of the system,
p.000069: in accordance with the law.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 7
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3. 4
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
p.000069: healthy, ecologically balanced and pollution-free environment that guarantees your health, safety
p.000069: food and integral development.
p.000069: The Central Government and the sectional governments will establish clear and precise policies for the
p.000069: conservation of the environment and the ecosystem.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 15, 66, 397, 414
p.000069: Chapter III
p.000069: Development-related rights
p.000069: Art. 33.- Right to identity.- Children and adolescents have the right to identity and the elements
p.000069: that constitute it, especially the name, nationality and family relationships, in accordance with
p.000069: the law.
p.000069: It is the State's obligation to preserve the identity of children; girls and adolescents and punish those responsible for
p.000069: alteration, replacement or deprivation of this right.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Art. 34.- Right to cultural identity.- Children and adolescents have the right to keep,
p.000069: develop, strengthen and recover their identity and spiritual, cultural, religious, linguistic values,
p.000069: political and social and to be protected against any type of interference that is intended to replace, alter
p.000069: or decrease these values.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 21, 57
p.000069: Art. 35.- Right to identification.- Boys and girls have the right to be registered
p.000069: immediately after birth, with the corresponding paternal and maternal surnames. The State will guarantee
p.000069: the right to identity and identification through a Civil Registry service with agile procedures,
p.000069: free and easy to obtain identity documents.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 708
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69
p.000069: Art. 36.- Norms for identification.- In the live birth certification, which must be issued under the
p.000069: responsibility of the public or private health center or institution that attended the birth, the
p.000069: fingerprint identification of the mother and plantar identification of the newborn or newborn boy or girl. In cases of
p.000069: late registration, the fingerprint of the child or adolescent must be registered in the respective file.
...
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p.000069: from the other parent.
p.000069: If the identity or address of both parents is unknown, the child or adolescent
p.000069: will register by judicial or administrative order, with two names and two surnames in common use in the country. Will be respected
p.000069: the name by which it has been known and your opinion will be taken into account when possible. Registration may be
p.000069: requested by the person in charge of the protection program in charge of the child or by the Protection Board of
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
p.000069: be registered with proper names of the respective language. The Civil Registry authorities have the obligation to
p.000069: register these names without any limitation or objection.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 64 CIVIL CODE (BOOK I), Arts. 60
p.000069: GENERAL LAW OF CIVIL REGISTRY IDENTIFICATION AND IDENTIFICATION, Arts. 32
p.000069: Art. 37.- Right to education.- Children and adolescents have the right to a quality education. East
p.000069: Law demands an educational system that:
p.000069: 1. Guarantee the access and permanence of all boys and girls to basic education, as well as
p.000069: adolescent through high school or its equivalent;
p.000069: 2. Respect the cultures and specificities of each region and place;
p.000069: 3. Consider flexible and alternative educational proposals to meet the needs of all
p.000069: Children and adolescents, with priority for those who have disabilities, work or live in a situation that requires
p.000069: greater opportunities to learn;
p.000069: 4. Ensure that children and adolescents have teachers, teaching materials, laboratories,
p.000069: adequate premises, facilities and resources and enjoy a favorable environment for learning. This right includes
p.000069: effective access to initial education from zero to five years, and therefore programs will be developed and
p.000069: flexible and open projects, adapted to the cultural needs of the students; and,
p.000069: 5. To respect the ethical, moral and religious convictions of the parents and of the children and adolescents themselves.
p.000069: Public education is secular at all levels, compulsory until the tenth year of basic education and free
p.000069: up to high school or its equivalent.
p.000069: The State and the pertinent organisms will assure that the educational establishments offer services with equity,
p.000069: quality and opportunity and that the right of parents to choose the education that is guaranteed is also guaranteed
p.000069: the more it suits your sons and your daughters.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 28, 45, 66
p.000069: Art. 38.- Objectives of education programs.- Basic and secondary education will ensure knowledge, values ​​and
p.000069: indispensable attitudes for:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 9
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p.000069: a) To develop the personality, the aptitudes and the mental and physical capacity of the boy, girl and
p.000069: adolescent to his full potential, in a playful and emotional environment;
p.000069: b) Promote and practice peace, respect for human rights and fundamental freedoms, non-discrimination,
p.000069: tolerance, valuation of diversities, participation, dialogue, autonomy and cooperation;
p.000069: c) Exercise, defend, promote and disseminate the rights of children and adolescents;
p.000069: d) Prepare him to exercise a responsible citizenship, in a free, democratic and solidary society;
p.000069: e) Guide him on the role and responsibility of the family, the equity of his internal relationships, fatherhood and
p.000069: responsible motherhood and health preservation;
p.000069: f) Strengthen respect for their parents and teachers, for their own cultural identity, their language, their values, for
p.000069: national values ​​and those of other peoples and cultures;
p.000069: g) To develop autonomous, critical and creative thinking;
p.000069: h) Training for productive work and for the management of scientific and technical knowledge;
p.000069: and,
p.000069: i) Respect for the environment.
p.000069: Art. 39.- Rights and duties of parents in relation to the right to education.- They are rights and
p.000069: Duties of parents and other responsible for children and adolescents:
p.000069: 1. Enroll them in educational establishments;
p.000069: 2. Select for your children an education according to their principles and beliefs;
p.000069: 3. Actively participate in the development of educational processes;
p.000069: 4. Control the attendance of their sons, daughters or those represented at educational establishments;
p.000069: 5. Actively participate to improve the quality of education;
p.000069: 6. Ensure the maximum use of the educational means provided by the State and society;
p.000069: 7. Monitor the respect of the rights of their sons, daughters or those represented on campus
p.000069: educational; and,
p.000069: 8. Report violations of these rights, to which they are aware.
p.000069: Art. 40.- Disciplinary measures.- Teaching practice and discipline in educational establishments
p.000069: they will respect the rights and guarantees of children and adolescents; will exclude all forms of abuse,
p.000069: mistreatment and devaluation, therefore, any form of cruel, inhuman and degrading punishment.
p.000069: Art. 41.- Sanctions prohibited.- Educational establishments are prohibited from applying:
p.000069: 1. Corporal sanctions;
p.000069: 2. Psychological sanctions threatening the dignity of children and adolescents;
p.000069: 3. Collective sanctions are prohibited; and,
p.000069: 4. Measures that imply exclusion or discrimination due to a student's personal condition,
p.000069: their parents, legal representatives or those who have them in their care. Included in this prohibition are
p.000069: discriminatory measures due to pregnancy or maternity of an adolescent. No child or adolescent is
p.000069: You can deny registration or expel due to the condition of your parents.
p.000069: In any procedure aimed at establishing the responsibility of a child or adolescent for an act of
p.000069: indiscipline in an educational establishment, the right to defense of the student and their parents or
p.000069: representatives.
p.000069: Any form of sexual assault in educational establishments will be brought to the attention of the Agent
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
p.000069: that correspond in the educational field.
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p.000069: Art. 42.- Right to education of children and adolescents with disabilities.- Children and adolescents
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
p.000069: Art. 43.- Right to cultural life.- Children and adolescents have the right to participate
p.000069: freely in all expressions of cultural life.
p.000069: In the exercise of this right they can access any public show that has been qualified
p.000069: as suitable for his age, by the competent authority.
p.000069: It is the obligation of the State and sectional governments to promote cultural, artistic and
p.000069: sports to which children and adolescents have access.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 22, 377
p.000069: Art. 44.- Cultural rights of indigenous and black or Afro-Ecuadorian peoples.- All care and
p.000069: care for children and adolescents of nationalities and indigenous peoples, black or Afro-Ecuadorian, shall
p.000069: respect the worldview, cultural reality and knowledge of their respective nationality or people and take into account their
p.000069: specific needs, in accordance with the Constitution and the law.
p.000069: Public and private care entities that provide services to such children and
p.000069: adolescents, must coordinate their activities with the corresponding entities of those nationalities or
p.000069: towns.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 45, 57, 58, 377
p.000069: Art. 45.- Right to information.- Children and adolescents have the right to search and choose
p.000069: information; and to use the different means and sources of communication, with the limitations
p.000069: established in the law and those derived from the exercise of parental authority.
p.000069: It is the duty of the State, society and the family to ensure that children and adolescents receive a
p.000069: adequate, truthful and pluralistic information; and provide them with guidance and critical education that allows them
p.000069: properly exercise the rights indicated in the previous paragraph.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 16, 18, 19, 94
p.000069: Art. 46.- Prohibitions related to the right to information.- It is prohibited:
p.000069: 1. The circulation of publications, videos and recordings aimed at and intended for children and
p.000069: adolescence, containing images, texts or messages inappropriate for their development; and any form of
p.000069: access of children and adolescents to these media;
p.000069: 2. The dissemination of inappropriate information for children and adolescents during family hours,
p.000069: nor in publications aimed at the family and children and adolescents; and,
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p.000069: 3. The circulation of any product intended for children and adolescents, with packaging containing
p.000069: inappropriate images, texts or messages for its development.
p.000069: These prohibitions apply to the media, communication systems, advertising companies and programs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19
p.000069: Art. 47.- Guarantees of access to adequate information.- To guarantee the right to information
p.000069: adequate, which is dealt with in the previous article, the State shall:
p.000069: a) Require the media to disseminate information and materials of social and cultural interest
p.000069: for children and adolescents;
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
p.000069: crime, that they have pornographic images or content or that they harm the minor's education; and,
p.000069: g) Require the audiovisual media to announce with sufficient anticipation and sufficient
p.000069: notoriety, the nature of the information and programs they present, and the age rating for their audience.
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
p.000069: messages and programs that incite violence, exploit fear or take advantage of children's lack of maturity,
p.000069: girls and adolescents to induce them to behavior harmful or dangerous to their health and safety
p.000069: personal and everything that violates morality or modesty.
p.000069: In any case, the application of measures or decisions related to this guarantee must faithfully observe
p.000069: the provisions of the Regulation for the Control of the Discretion of Administration Acts
p.000069: Public, issued by the President of the Republic.
p.000069: Note: Literal b) amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18, 19
p.000069: Art. 48.- Right to recreation and rest.- Children and adolescents have the right to recreation, to
p.000069: rest, games, sports and more activities typical of each evolutionary stage.
p.000069: It is the obligation of the State and the sectional governments to promote and inculcate in children and
p.000069: adolescence, the practice of traditional games; create and maintain safe and accessible spaces and facilities,
p.000069: adequate, safe and free public programs and shows for the exercise of this right.
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p.000069: Educational establishments must have sports, recreational, artistic and cultural areas, and
p.000069: allocate sufficient budgetary resources to carry out these activities.
p.000069: The Municipalities will dictate regulations on public shows; while the Regulatory Council of
p.000069: Development of Information and Communication will dictate regulations on radio and television programs and the use of games
p.000069: and computer or electronic programs.
p.000069: Note: Fourth paragraph replaced by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 49.- Rules on access to public shows.- The entry of children and adolescents to the
p.000069: shows that have been rated as inconvenient for their age.
p.000069: Public shows suitable for children and adolescents will enjoy a special regime regarding
p.000069: taxes and fiscal and municipal contributions, which will be regulated by the respective authorities. Whether
p.000069: have organized exclusively for the benefit of protection establishments, they will enjoy tax exemption.
p.000069: In the shows referred to in the previous article, they will be admitted free of charge and
p.000069: children and adolescents belonging to protection establishments are compulsory.
p.000069: The companies responsible for the shows must offer the necessary safeguards and guarantee the
p.000069: measures in case of accident.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Chapter IV
p.000069: Protection rights
p.000069: Art. 50.- Right to personal integrity.- Children and adolescents have the right to have their
p.000069: personal, physical, psychological, cultural, emotional and sexual integrity. They may not be subjected to torture,
p.000069: cruel and degrading treatment.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 51.- Right to personal liberty, dignity, reputation, honor and image.- Children and adolescents have
p.000069: right to respect:
p.000069: a) Your freedom, with no limitations other than those established by law. Parents and those responsible for their care
p.000069: they will guide them in the exercise of this right; and,
p.000069: b) Their dignity, self-esteem, honor, reputation and self-image. They should be provided with warm and good relationships
p.000069: treatment based on the recognition of their dignity and respect for differences.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
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p.000069: Art. 52.- Prohibitions related to the right to dignity and image. It's prohibited:
p.000069: 1. The participation of children and adolescents in programs, advertising messages, in productions of
p.000069: pornographic content and in shows whose content is inappropriate for their age;
p.000069: 2. The use of children or adolescents in programs or shows of political proselytizing or
p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
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p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
p.000069: require; and the provision of early stimulation, rehabilitation, preparation for
p.000069: work, recreation and other necessary activities, which will be free for children and adolescents whose
p.000069: parents or caregivers are unable to pay for them.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46, 47
p.000069: Art. 56.- Right of children of persons deprived of liberty.- Children; girls and adolescents who do not enjoy
p.000069: of their family environment because one or both parents are deprived of their liberty, they must receive
p.000069: special protection and assistance from the State, outside the rehabilitation centers, through modalities
p.000069: of care that ensure their right to family and community coexistence and to direct personal relationships and
p.000069: regular with their parents.
p.000069: Art. 57.- Right to special protection in cases of disasters and armed conflicts.- Boys, girls and
p.000069: adolescents have the right to special protection in cases of natural disasters and armed conflict
p.000069: internal or international. This protection will be expressed, among other measures, in the priority provision of means of
p.000069: evacuation of affected areas, accommodation, food, medical care and medicines.
p.000069: The State guarantees unrestricted respect for the rules of international humanitarian law in favor of
p.000069: the children and adolescents referred to in this article; and will assure the resources, means and mechanisms
p.000069: so that they reintegrate into social life with the fullness of their rights and duties.
p.000069: It is prohibited to recruit or allow the direct participation of children and adolescents in internal armed hostilities.
p.000069: and international.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 42, 46
p.000069: Article 58.- Right of refugee children and adolescents.- Children and adolescents who request or
p.000069: Those who have been granted refugee status have the right to receive humanitarian protection and assistance
p.000069: necessary for the full enjoyment of your rights. The same right assists their parents and people
p.000069: in charge of your care.
p.000069: Chapter v
p.000069: Participation rights
p.000069: Art. 59.- Right to freedom of expression.- Children and adolescents have the right to
p.000069: express themselves freely, to seek, receive and disseminate information and ideas of all kinds, orally, in writing or
p.000069: any other means they choose, with the only restrictions imposed by law, public order, health or
p.000069: public morals to protect the security, rights and fundamental freedoms of others.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 18, 66
p.000069: Art. 60.- Right to be consulted.- Children and adolescents have the right to be
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p.000069: consulted on all matters that affect them. This opinion will be taken into account to the extent of their age and maturity.
p.000069: No child or adolescent may be forced or pressured in any way to express their opinion.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 61
p.000069: Art. 61.- Right to freedom of thought, conscience and religion.- The State guarantees, in favor of children,
p.000069: girls and adolescents, the freedoms of thought, conscience and religion, subject to limitations
p.000069: prescribed by law and necessary to protect the security, fundamental rights and freedoms of
p.000069: the rest.
p.000069: It is the right and duty of the parents and other persons in charge of their care, to guide the child
p.000069: or adolescent for the proper exercise of this right, according to their evolutionary development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 62.- Right to freedom of assembly.- Children and adolescents have the right to assemble publicly and
p.000069: peacefully for the promotion, defense and exercise of your rights and guarantees.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 63.- Right of free association.- Children and adolescents have the right to freely associate with
p.000069: lawful purposes. This right includes the possibility of adolescents to form associations without ends
p.000069: of profit, according to the law.
p.000069: The State will guarantee and promote the exercise of this right; mainly in terms of associations
p.000069: student, cultural, sports, labor and community.
p.000069: Any restriction on the exercise of this right, which is not expressly provided for in the law, is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Chapter VI
p.000069: Duties, capacity and responsibility of children and adolescents
p.000069: Art. 64.- Duties.- Children and adolescents have the general duties that the Political Constitution imposes on
p.000069: citizens, as long as they are compatible with their condition and evolutionary stage. They are specially obliged to:
p.000069: 1. Respect the Homeland and its symbols;
p.000069: 2. Know the reality of the country, cultivate the national identity and respect its multiculturalism; exercise and defend
p.000069: effectively your rights and guarantees;
p.000069: 3. Respect the rights and individual and collective guarantees of others;
p.000069: 4. Cultivate the values ​​of respect, solidarity, tolerance, peace, justice, equity and democracy;
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p.000069: 5. Fulfill your responsibilities regarding education;
p.000069: 6. Act honestly and responsibly at home and at all stages of the educational process;
p.000069: 7. Respect their parents, teachers and those most responsible for their care and education; and,
p.000069: 8. Respect and contribute to the preservation of the environment and natural resources.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 83
p.000069: Art. 65.- Validity of legal acts.- The legal capacity regarding acts held by children and
p.000069: adolescents will comply with the provisions of the Civil Code, except in the following cases:
p.000069: 1. The acts and contracts of adolescents who have not turned fifteen are relatively null without prejudice to
p.000069: the validity that the law confers for the celebration of certain acts;
p.000069: 2. People who have turned fifteen also have the legal capacity to enter into
p.000069: work according to the rules of this Code; and,
p.000069: 3. To celebrate the acts and contracts that are included in the object of an organization
p.000069: student, labor, cultural, artistic, environmental, sports or neighborhood, of which they are legal representatives or legitimate
p.000069: representatives in the exercise of their right of association and whose amount does not exceed two thousand dollars.
p.000069: Adolescents may directly exercise those legal actions aimed at the exercise and protection of their
p.000069: rights and guarantees. Boys and girls may directly request help for the protection of their rights when
p.000069: they must direct the action against their legal representative.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 82 CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: CIVIL CODE (BOOK IV), Arts. 1453, 1461, 1462, 1463, 1486
p.000069: COMMERCE CODE, Arts. 6, 8, 9, 483 LABOR CODE, Arts. 35
p.000069: Art. 66.- Responsibility of children and adolescents.- Boys and girls are exempt from responsibility
p.000069: legal. For their harmful acts and acts, their parents or guardians will respond civilly in cases and forms.
p.000069: provided for in the Civil Code.
p.000069: Adolescents are responsible for their legal acts and illegal acts, under the terms of this Code. its
p.000069: civil liability for the acts or contracts they enter into will be effective on their professional property
p.000069: or industrial or on the assets of the association that they represent in accordance with the provisions of the previous article,
p.000069: according to the case.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1698, 1702, 2219, 2220, 2221
p.000069: TITLE IV
p.000069: OF THE PROTECTION AGAINST MISTREAT, ABUSE, SEXUAL EXPLOITATION, TRAFFICKING AND LOSS OF CHILDREN AND ADOLESCENTS
p.000069: Art. 67.- Concept of mistreatment.- Abuse is understood as all conduct, of action or omission, that causes or may
p.000069: cause harm to the physical, psychological or sexual integrity or health of a child or adolescent by
p.000069: anyone, including their parents, other relatives,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 17
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p.000069: educators and caregivers; Whatever the means used for the effect, its consequences and
p.000069: the time necessary for the recovery of the victim. The treatment is included in this rating
p.000069: negligent or serious or repeated negligence in fulfilling the obligations towards children and
p.000069: adolescents, relating to the provision of food, nutrition, medical care, education or care
p.000069: newspapers; and its use in begging.
p.000069: Psychological abuse is the one that causes emotional disturbance, psychological alteration or a decrease in self-esteem
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
p.000069: authority or person in charge of the institution or establishment to which it belongs.
p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
...
p.000069: through seduction, blackmail, intimidation, deception, threats, or any other means.
p.000069: Any form of sexual harassment or abuse will be brought to the attention of the competent Tax Agent for the purposes of the
p.000069: law, without prejudice to the corresponding administrative investigations and sanctions.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 4
p.000069: Art. 69.- Concept of sexual exploitation.- Prostitution and pornography constitute sexual exploitation.
p.000069: childish. Child prostitution is the use of a child or adolescent in sexual activities in exchange for
p.000069: remuneration or any other remuneration. Child pornography is any representation, by any
p.000069: medium, of a boy, girl and adolescent in explicit, real or simulated sexual activities; or your organs
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
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p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
p.000069: the delivery or receipt of undue payments or benefits aimed at obtaining the consent of
p.000069: the parents, persons or institution in whose charge the child or adolescent is.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 46
p.000069: Art. 71.- Concept of loss of children or adolescents.- For the purposes of this Code, it is considered
p.000069: loss of children or adolescents, their voluntary or involuntary absence from the home, educational establishment or
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
p.000069: fundamental.
p.000069: Art. 73.- Duty of protection in cases of abuse.- It is the duty of all people to intervene in the act to
p.000069: protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 74.- Prevention and policies regarding the matters covered by this title.- The State
p.000069: adopt legislative, administrative, social, educational and other measures, which are
p.000069: necessary to protect children and adolescents against the behaviors and acts provided for in this title, and
p.000069: will promote policies and programs aimed at:
p.000069: 1. Assistance to children and adolescents and to the persons responsible for their care and protection, in order to
p.000069: prevent these forms of violation of rights;
p.000069: 2. The prevention and investigation of cases of mistreatment, sexual abuse and exploitation, trafficking and
p.000069: lost;
p.000069: 3. The search, recovery and family reintegration, in cases of loss, plagiarism, illegal transfer and trafficking; and,
p.000069: 4. The promotion of a culture of good treatment in daily relationships between adults, boys, girls and adolescents.
p.000069: In the development of the policies and programs referred to in this article, the
p.000069: participation of society, family, children and adolescents.
p.000069: Art. 75.- Prevention of institutional abuse.- The State will plan and implement administrative measures,
p.000069: legislative, pedagogical, protection, care, care and others that are necessary, in institutions
p.000069: public and private, in order to eradicate all forms of mistreatment and abuse, and to improve relationships
p.000069: between adults and boys, girls and adolescents, and of these among themselves, especially in the environment of their daily life.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 19
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p.000069: Administrative, pedagogical, training, traditional cultural practices, protection, care,
p.000069: care and of any other kind carried out by any public or private institution, must respect the
p.000069: rights and guarantees of children and adolescents, and to exclude all forms of mistreatment and abuse.
p.000069: Art. 76.- Cultural practices of mistreatment.- It will not be admitted as justification of the practices to which it refers
p.000069: neither this mitigation nor the effect of establishing the consequent responsibilities, the allegation
p.000069: that they constitute training methods or that they are traditional cultural practices.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: Art. 77.- Protection against the illegal transfer and retention of children and adolescents. - The transfer is prohibited.
p.000069: and the retention of children and adolescents when they violate the exercise of parental authority, the
p.000069: visiting regime or the rules on authorization to leave the country.
p.000069: Children and adolescents who have been transferred or held illegally, have the right to be reinstated to
p.000069: their family environment and to enjoy visits from their parents and other relatives in accordance with the provisions of this
p.000069: Code.
p.000069: The State will take all the necessary measures to achieve the family return and reintegration of the child or
p.000069: adolescent who is in the situation provided for in this article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272, 283
p.000069: Art. 78.- Right to protection against other forms of abuse.- Children and adolescents have the right to be
p.000069: provide protection against:
p.000069: 1. The consumption and improper use of alcoholic beverages, tobacco, narcotic drugs and psychotropic substances;
p.000069: 2. Participation in the production, marketing and advertising of the substances and objects to which the
p.000069: numerals 1 and 3;
p.000069: 3. The use of weapons, explosives and substances that endanger his life or personal integrity;
p.000069: 4. Public exposure of their organic or functional diseases or disabilities, to obtain
p.000069: economic benefits; and,
p.000069: 5. Induction to gambling.
p.000069: Art. 79.- Protection measures for the cases provided for in this title.- For the cases provided for in this title and without
p.000069: to the detriment of the general protection measures provided for in this Code and more laws, the authorities
p.000069: Administrative and judicial authorities will order one or more of the following measures:
p.000069: 1. Search of the place where the child or adolescent is, victim of the practice
p.000069: illicit, for its immediate recovery. This measure may only be decreed by the Judge for Children and Adolescents,
p.000069: who will order it immediately and without any formality;
p.000069: 2. Family custody or institutional care;
p.000069: 3. Insertion of the child or adolescent and their family in a protection and care program;
p.000069: 4. Granting of aid tickets in favor of the boy, girl or adolescent, against the person
p.000069: aggressor
p.000069: 5. Warning to the aggressor;
p.000069: 6. Insertion of the aggressor in a specialized care program;
p.000069: 7. Order of departure of the aggressor from the house, if his coexistence with the victim involves a risk to
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 20
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p.000069: the physical, psychological or sexual security of the latter; and re-entry of the victim, if applicable;
p.000069: 8. Prohibition of the aggressor from approaching the victim or maintaining any type of contact with her;
p.000069: 9. Prohibition of the aggressor from making threats, directly or indirectly, against the victim or his relatives;
p.000069: 10. Suspension of the aggressor in the tasks or functions that he performs;
p.000069: 11. Suspension of the operation of the entity or establishment where the abuse occurred
p.000069: institutional, while the conditions that justify the measure last;
...
p.000069: psychological or sexual of the boy, girl or adolescent or of flagrant crime, the authorized attention entities may
p.000069: provisionally execute the measures of numerals 2 to 9, 12 and 13, and report it to the authority
p.000069: competent within a maximum period of seventy-two hours, to order the final measures.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 80.- Legal medical examinations.- Legal medical examinations of a boy, girl or adolescent will be practiced in
p.000069: strict conditions of confidentiality and respect for the intimacy and physical and emotional integrity of the patient.
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
p.000069: Art. 81.- Right to protection against labor exploitation.- Children and adolescents have
p.000069: the right to be protected by the State, society and the family against labor and economic exploitation and any
p.000069: form of slavery, servitude, forced or harmful work for your health, your physical, mental, spiritual development,
p.000069: moral or social, or that may hinder the exercise of their right to education.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 82.- Minimum age for work.- The minimum age for all types of
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 21
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p.000069: work, including domestic service, with the exceptions provided in this Code, plus laws and
p.000069: international instruments with legal force in the country.
p.000069: Violation of the provisions of the preceding paragraph does not free the employer from complying with labor obligations and
p.000069: social imposed by the employment relationship.
p.000069: The Ministry in charge of Labor Relations, ex officio or at the request of any public entity
p.000069: or private, may authorize minimum ages above the one indicated in the previous paragraph, in accordance with the
p.000069: established in this Code, the law and in the international instruments legally ratified by the
p.000069: Ecuador.
p.000069: Note: Third paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134, 146, 150
p.000069: Art. 83.- Eradication of child labor.- The State and society must elaborate and execute policies, plans,
p.000069: protection programs and measures aimed at eradicating the work of children and adolescents who do not
p.000069: they are fifteen years old. The family must contribute to the achievement of this objective.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134
p.000069: Art. 84.- Working day and education.- For no reason the working day of adolescents
p.000069: may exceed six hours a day for a maximum period of five days a week; and will be organized
p.000069: in a way that does not limit the effective exercise of your right to education.
p.000069: The parents of the adolescent who works, those responsible for their care, their employers and the people to
p.000069: Those who carry out a productive activity have the obligation to ensure that they finish their basic education
p.000069: and fulfill their academic duties.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 135, 136, 159
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 39, 46
p.000069: Art. 85.- Register of adolescent workers.- The Ministry of Labor will keep a registry of adolescents who
p.000069: they work by cantons, having to send the information periodically to the cantonal councils of Children and
p.000069: Adolescence.
p.000069: The regulation will establish the way of keeping said register and the data that must be registered.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 147, 148
p.000069: Art. 86.- Exception related to training work carried out as cultural practices.- The limitation
p.000069: of age indicated in article 82 will not be applied to the works considered as ancestral practices
p.000069: training, provided they meet the following conditions.
p.000069: 1. That they respect the adolescent's physical and psychological development, in the sense of being assigned
p.000069: only tasks commensurate with their abilities and evolutionary stage;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 22
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p.000069: 2. That they contribute to the formation and development of adolescent skills and abilities;
p.000069: 3. That they transmit cultural values ​​and norms in harmony with adolescent development; and,
p.000069: 4. That they develop within the scope and benefit of the community to which the adolescent or his family belongs.
p.000069: Art. 87.- Prohibited work.- Teen work is prohibited:
p.000069: 1. In mines, landfills, beds, quarries and extractive industries of any kind;
p.000069: 2. In activities that involve the manipulation of explosive, psychotropic, toxic, dangerous substances
p.000069: or harmful to your life, your physical or mental development and your health;
p.000069: 3. In brothels or tolerance zones, places of games of chance, sale of alcoholic beverages and others that may
p.000069: be inconvenient for the moral or social development of the adolescent;
...
p.000069: Art. 89.- Labor and social rights.- Adolescents who work under the relationship of
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 23
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p.000069: dependency, enjoy all the rights and benefits, individual and collective, provided by law
p.000069: labor, social security and education; plus the specific rights contemplated in this Code.
p.000069: Art. 90.- Of the apprentices.- In the apprenticeship contracts there will be a clause on the mechanisms
p.000069: transfer to the adolescent of the knowledge of the trade, art or form of work. These contracts will not last
p.000069: more than two years, in the case of artisan work, and six months, in industrial work or other type of work.
p.000069: Employers will especially guarantee the exercise of the rights to education, health and rest of their
p.000069: apprentices.
p.000069: In no case shall the adolescent apprentice's remuneration be less than 80% of the remuneration corresponding to the
p.000069: adult for this type of work, art or trade.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 157, 158, 168
p.000069: Art. 91.- Domestic work.- Adolescents who work in domestic service will have the same
p.000069: rights and guarantees that adolescent workers in general.
p.000069: The employer will ensure the physical, psychological and moral integrity of the adolescent and will guarantee their
p.000069: rights to food, education, health, rest and recreation.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 262, 268, 269
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24, 39, 329
p.000069: Art. 92.- Training work.- Children and adolescents may carry out training activities that
p.000069: incorporate work as an important element in their comprehensive training. These activities must be carried out in
p.000069: conditions suitable for their age, capacity, physical state and intellectual development, respecting their values
p.000069: moral and cultural, their rights to rest, recreation and play.
p.000069: Programs that incorporate work with the purpose indicated in this article, will give priority to the demands
p.000069: pedagogical related to the integral development of the child or adolescent, over the productive objectives.
p.000069: Chapter III
p.000069: Work without dependency relationship
p.000069: Art. 93.- Self-employment.- The municipalities will grant, in their respective jurisdictions, the permits to
p.000069: that adolescents who have reached the age of fifteen carry out economic activities on their own behalf
p.000069: own, provided they are not those considered harmful or harmful or that are prohibited in
p.000069: this or other legal bodies.
p.000069: Each Municipality will keep a record of these authorizations and will control the development of activities
p.000069: authorized to adolescents.
p.000069: The adolescents authorized in accordance with the previous paragraph, will receive from the Municipality a work card that
p.000069: will provide the following benefits: free access to public shows determined by regulation,
p.000069: preferential access to protection programs such as soup kitchens, medical services, night shelters,
p.000069: free registration and exemption from other payments in the tax and municipal educational centers.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 24
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p.000069: The Ministry in charge of Labor Relations will issue the Regulations for issuing the license
p.000069: and the regulation of the benefits it provides.
p.000069: Note: Fourth paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 35, 138
p.000069: Chapter IV
p.000069: Protection measures and work-related sanctions
p.000069: Art. 94.- Protection measures.- In cases of infringement of the provisions of this title, the judges and
p.000069: competent administrative authorities may order one or more of the following protection measures in favor
p.000069: of the children and adolescents affected, without prejudice to the others contemplated in this Code:
p.000069: 1. The order to separate the child or adolescent from work activity;
p.000069: 2. The insertion of the child or adolescent and / or their family in a protection program; and,
p.000069: 3. The temporary separation of the family environment of the boy, girl, adolescent or aggressor, as the case may be.
p.000069: The necessary measures will be adopted so that the application of these measures does not affect the rights and
p.000069: guarantees for children and adolescents, beyond the restrictions inherent in each of them; and to
p.000069: ensure the daily sustenance of the child or adolescent, in a manner compatible with their right to a decent life.
p.000069: Art. 95.- Sanctions applicable for violation of the provisions relating to work.- Violation of the
p.000069: prohibitions contained in this title, will be repressed with one or more of the following sanctions, without
p.000069: damage to those contemplated in other legal bodies:
p.000069: 1. Reprimand to parents or caregivers of the child or adolescent;
p.000069: and to those who employ them or benefit directly from their work;
p.000069: 2. A fine of fifty to three hundred dollars, if the offenders are the parents or those responsible for the care of the
p.000069: boy, girl or adolescent;
p.000069: 3. A fine of two hundred to one thousand dollars, in the case of the employer or any person who benefits directly or
p.000069: indirectly from the work of the child or adolescent; and,
p.000069: 4. Closure of the establishment where the work is carried out, in case of recidivism.
p.000069: Note: The Ministry in charge of Labor Relations will assume the competence of article 95, numeral 4 of the Code.
p.000069: Childhood and Adolescence. Given by fourth reform provision of Law No. 0, published in the Official Registry
p.000069: Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 148, 156, 628
p.000069: SECOND BOOK
p.000069: THE BOY, GIRL AND ADOLESCENT IN HIS FAMILY RELATIONS
p.000069: TITLE I
p.000069: GENERAL DISPOSITION
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 25
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p.000069: Art. 96.- Nature of the family relationship.- The family is the basic nucleus of social formation and the environment
p.000069: natural and necessary for the integral development of its members, mainly boys, girls and
p.000069: teenagers. It receives the support and protection of the State so that each of its members can
p.000069: Fully exercise your rights and assume your duties and responsibilities.
p.000069: Its internal legal relations of a non-patrimonial nature are very personal and, therefore,
p.000069: inalienable, non-transferable and non-transferable. Except for the cases expressly provided by law, they are also
p.000069: imprescriptibles.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: Art. 97.- Protection of the State.- The state protection referred to in the previous article is
p.000069: expressed in the adoption of social policies and the execution of plans, programs and political actions,
p.000069: economic and social resources that assure the family the sufficient resources to fulfill their duties and
p.000069: responsibilities for the integral development of its members, especially children and adolescents.
p.000069: Art. 98.- Biological family.- Biological family is understood as the one formed by the father, the mother, their descendants,
p.000069: ascendants and collaterals up to the fourth degree of consanguinity.
p.000069: Adopted children and adolescents are assimilated to biological children. For all intents and purposes the father and the
p.000069: adoptive mothers are considered as parents.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: Art. 99.- Filiation unit.- All children are equal before the law, the family and society. I know
p.000069: prohibits any indication that establishes differences of affiliation and require statements indicating their
p.000069: modality.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 69
p.000069: Art. 100.- Parental responsibility.- The father and the mother have equal responsibilities in the direction and
p.000069: home maintenance, care, upbringing, education, comprehensive development and protection of rights
p.000069: of their common sons and daughters.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 282, 287, 471, 473
p.000069: Art. 101.- Reciprocal rights and duties of the parental relationship.- Parents and their children owe each other
p.000069: affection, solidarity, relief, respect and the necessary considerations so that each one can realize the rights and
p.000069: attributes inherent in their personhood and fulfill their respective roles and responsibilities within the
p.000069: family and society.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 26
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 102.- Specific duties of parents.- Parents have the general duty to respect,
p.000069: protect and develop the rights and guarantees of their sons and daughters. For this effect they are obliged to provide what
p.000069: adequate to meet their material, psychological, emotional, spiritual and intellectual needs, in the form
p.000069: established by this Code.
p.000069: Consequently, parents must:
p.000069: 1. Provide their sons and daughters with what is necessary to satisfy their material requirements and
p.000069: psychological, in a family environment of stability, harmony and respect;
p.000069: 2. Ensure their education, at least at the basic and intermediate levels;
p.000069: 3. Instill values ​​compatible with respect for the dignity of the human being and the development of social coexistence
p.000069: democratic, tolerant, solidary and participatory;
p.000069: 4. Incentivize in them the knowledge, conscience, exercise and defense of their rights,
...
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
p.000069: obligations of parents regarding their non-emancipated sons and daughters, regarding care, education, development
p.000069: comprehensive, defense of children's rights and guarantees in accordance with the Constitution and the law.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46, 69
p.000069: Art. 106.- Rules to entrust the exercise of parental authority.- To entrust parental authority in cases
p.000069: provided for in article 325 of the Civil Code, the Judge, after hearing the adolescent, the boy or girl who are in
p.000069: conditions to express their opinion will observe the following rules:
p.000069: 1.- What the parents agree will be respected as long as this does not harm the rights of the son or daughter;
p.000069: 2.- In the absence of agreement of the parents or if what is agreed by them is inconvenient for the best interest of the
p.000069: son or daughter of a family, the parental authority of those who have not reached twelve years of age will be entrusted to the mother,
p.000069: Unless it is proven that this damages the rights of the son or daughter;
p.000069: 3.- In the case of sons or daughters who have completed twelve years, parental authority will be entrusted to
p.000069: parent who shows greater emotional stability and psychological maturity and who are in better
...
p.000069: The opinion of sons and daughters under the age of twelve will be valued by the Judge, considering the degree of development of
p.000069: who issues it. That of adolescents will be mandatory for the Judge, unless it is manifestly harmful to
p.000069: its integral development.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 304, 305, 306, 307
p.000069: Art. 107.- Exercise of parental authority in case of subsequent recognition.- The recognition
p.000069: the son's or daughter's right gives the right to exercise parental authority.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 63, 247, 252
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 64
p.000069: Article 108.- Suspension of legal representation due to conflict of interest.- Representation is suspended
p.000069: legal in the case of acts, contracts or lawsuits in which there are or may exist conflicting interests
p.000069: between the son or the daughter and who or those who exercise it. In these cases, the parent or
p.000069: mother who is not in conflict of interest, or the special conservator appointed by the Judge if the interest
p.000069: disables them both.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 303, 304, 305, 306, 307
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 28
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 109.- Authorization to leave the country.- Ecuadorian and foreign children and adolescents
p.000069: Residents in Ecuador who travel outside the country with one of their parents must have the authorization of the
p.000069: other.
p.000069: In case they travel alone or with third parties, they require the authorization of both parents, unless one of them
p.000069: be deprived of parental authority; or failing that, with the authorization of the Judge.
p.000069: When traveling alone or in the company of third parties, the departure authorization must state the reason for the
p.000069: travel, the time they will remain outside the country and the precise place of their residence abroad. If it's about
p.000069: departure for a period of more than six months, the authority that issued the authorization will immediately place it in
p.000069: knowledge of the Ministry of Foreign Affairs that must permanently control the location, activities
p.000069: and general state of the children and adolescents who have left the country in these conditions.
p.000069: No authorization is required when traveling in the company of the two parents or one of them has
p.000069: the authorization of the other being recorded in a public document and duly authenticated if it has been granted in
p.000069: foreignXcountry.
p.000069: Art. 110.- Ways to grant the exit authorization.- The parent (s) may grant the
p.000069: authorization referred to in the previous article before the Judge or a Notary Public.
p.000069: In cases of refusal, absence or incapacity of the father or mother, the other may request it from the Judge, who
p.000069: will grant or deny, with knowledge of the cause, within a period not exceeding fifteen days.
p.000069: Art. 111.- Limitation of parental authority.- When advised by the best interests of the son or daughter, the Judge may
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
...
p.000069: the fourth degree of the collateral line, under the conditions contemplated in this title. You can also
p.000069: Do it with respect to other people, relatives or not emotionally linked to the child or adolescent.
p.000069: Art. 125.- Undue retention of the son or daughter.- The father, the mother or any person who unduly retains the
p.000069: son or daughter whose parental authority, possession or guardianship have been entrusted to another, or who hinders the
p.000069: visits, may be judicially required to deliver it immediately to the person who must have it and
p.000069: will be obliged to compensate the damages caused by the undue retention, including the expenses caused by the
p.000069: requirement and restitution.
p.000069: If the requested does not comply with the order, the Judge will decree personal compulsion against him, without
p.000069: prejudice to order, without the need for a prior resolution, the search of the property in which
p.000069: finds or is supposed to find the son or daughter, to achieve recovery.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 272
p.000069: CIVIL PROCEDURE CODE, Arts. 925, 928
p.000069: TITLE V
p.000069: OF THE RIGHT TO FOOD
p.000069: Note: Title with its respective articles replaced by Law No. 00, published in Official Gazette Supplement 643 of
p.000069: July 28, 2009.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 32
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CHAPTER I
p.000069: Food law
p.000069: Art. 1.- Scope and relationship with other legal bodies.- This Title regulates the right to food of children,
p.000069: girls, adolescents, and adults considered as holders of rights established in this Law.
p.000069: with respect to other persons who enjoy this right, the provisions on maintenance of the Code will apply
p.000069: Civil.
p.000069: Art. 2.- Of the right to maintenance.- The right to maintenance is inherent to the parental-filial relationship and is
p.000069: related to the right to life, survival and a decent life. It implies the guarantee of providing the
p.000069: resources necessary to satisfy the basic needs of food that includes:
p.000069: 1. Nutritious, balanced and sufficient food;
p.000069: 2. Comprehensive health: prevention, medical care and provision of medicines;
p.000069: 3. Education;
p.000069: 4. Beware;
p.000069: 5. Adequate clothing;
p.000069: 6. Safe, hygienic and equipped with basic services;
p.000069: 7. Transportation;
p.000069: 8. Culture, recreation and sports; and,
p.000069: 9. Rehabilitation and technical aids if the beneficiary has a temporary disability or
p.000069: definitive.
p.000069: Art. 3.- Characteristics of the right.- This right is non-transferable, non-transferable, inalienable,
p.000069: imprescriptible, unattachable and does not admit compensation or reimbursement of what was paid, except for pensions of
p.000069: foods that have been previously fixed and have not been paid and from mothers who have made expenses
p.000069: Antenatals that have not been previously recognized, cases in which they can be compensated and transmitted to the
p.000069: heirs.
p.000069: Art. 4.- Holders of maintenance rights.- They have the right to claim maintenance:
p.000069: 1. Girls, boys and adolescents, except the emancipated voluntarily who have their own income, to
...
p.000069: maintenance obligation, even in cases of limitation, suspension or deprivation of parental authority.
p.000069: In case of: absence, impediment, insufficient resources or disability of the principal,
p.000069: duly verified by the person who alleges it, the competent authority shall order that the provision of food be
p.000069: paid or completed by one or more of the following required subsidiaries, based on their ability
p.000069: economically and as long as they are not disabled, in order:
p.000069: 1. The grandparents;
p.000069: 2. Siblings who have reached the age of 21 and are not included in the cases of numerals two
p.000069: and three from the previous article; and,
p.000069: 3. The uncles / as.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 33
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The competent authority, based on the order provided in the preceding paragraphs, in the degrees of kinship indicated,
p.000069: simultaneously and based on their resources, they will regulate the proportion in which said relatives will provide the pension
p.000069: alimony, until completing the total amount of the fixed pension or assuming it in its entirety, as the case may be.
p.000069: The relatives who have made the payment may exercise the action of repetition of the payment against the father and / or the
p.000069: mother.
p.000069: The judges will apply ex officio the international instruments ratified by Ecuador in order to
p.000069: guarantee the right to food of children and adolescents, daughters and sons of fathers or mothers
p.000069: that have migrated abroad, and will have all the necessary measures to ensure the effective collection of the
p.000069: pension.
p.000069: The central authority will act diligently to ensure respect for the rights of children and
p.000069: adolescents, and, will respond in case of negligence.
p.000069: Art. 6.- Procedural Legitimation.- They will be entitled to demand the provision of the maintenance right to
p.000069: in favor of a boy, girl or adolescent or people of any age who suffer from a physical disability or
p.000069: mental that prevents them from doing it by themselves:
p.000069: 1. The mother or father in whose care the son or daughter is and, in their absence, the person exercising their
p.000069: legal representation or who is in charge of your care; and,
p.000069: 2. Adolescents over 15 years of age.
p.000069: In order to present the demand, the attorney will not be required. The claimant will present it on the form
p.000069: that for this purpose the Judicial Council will design and publicize. If due to the complexity of the case, the judge or
p.000069: the procedural party considers that legal sponsorship is necessary, will provide for the participation of a public defender or
p.000069: from a private defender, respectively.
p.000069: Art. 7.- Provenance of the right without separation. - The alimony comes even in the cases in which the fed
p.000069: and the obligated coexist under the same roof.
p.000069: The members of the extended family that by virtue of a protection measure ordered by the competent authority or
p.000069: in the exercise of guardianship they are living with children and adolescents who are holders of the right
p.000069: of alimony, no subsidiaries of the alimony will be liable.
p.000069: Art. 8.- Moment from which the maintenance is due.- The maintenance is due from the
p.000069: presentation of the demand. The increase is due from the presentation of the corresponding
p.000069: incident, but its reduction is required only from the date of the resolution that declares it.
p.000069: Art. 9.- Provisional fixation of the alimony. - With the qualification of the claim, the Judge will fix a
p.000069: provisional pension according to the Table of Minimum Alimony that based on the criteria
p.000069: provided for in this law, will prepare the Ministry in charge of economic and social inclusion matters, without
p.000069: notwithstanding that at the hearing, the Judge takes into account the agreement of the parties, which in no case
p.000069: It may be less than what is established in the aforementioned table.
p.000069: When the filiation has not been established, or the relationship in the case of the other relatives
p.000069: consanguineous, the Judge will order the comparative examination in the order to classify the claim
p.000069: of deoxyribonucleic acid (DNA) band or sequence patterns, without impairing binding
p.000069: provisional food.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 34
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 10.- Obligation of the alleged parent.- The Judge will fix the alimony in favor of the boy, girl or
p.000069: adolescent to a person whose affiliation or kinship in the case of other blood relatives does not
p.000069: It has been legally established, in accordance with the following rules:
...
p.000069: will immediately notify the National Directorate of Migration.
p.000069: Art. 26.- Real precautionary measures.- In order to ensure the payment of alimony, the Judge may order
p.000069: any of the real constraints contemplated in the Code of Civil Procedure.
p.000069: Art. 27.- Cessation of constraints.- The prohibition to leave the country and the personal constraint referred to in the
p.000069: previous articles may cease if the obligor yields a real or personal guarantee deemed sufficient by the Judge.
p.000069: In the case of personal guarantee, the guarantor or guarantor will be subject to the same responsibilities and may
p.000069: be subjected to the same constraints as the main debtor.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 38
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: All other constraints and disqualifications will only cease with the full payment due and their respective
p.000069: interest, in cash or by certified check.
p.000069: Art. 28.- Other Disabilities.- The parent who is in default in the payment of the food benefit does not
p.000069: You can request that the parental authority of the beneficiary son or daughter be handed over, but you can exercise the right to
p.000069: visits regulated in this Code.
p.000069: Art. 29.- Application of these norms in other trials.- Within trials or processes for intra-family violence,
p.000069: claim of filiation, separation of assets, divorce and in general, in any other procedure
p.000069: in which the law expressly contemplates the possibility of requesting food in favor of children and adolescents,
p.000069: The rules established in this law will be compulsorily applied.
p.000069: Art. 30.- Privileged obligation.- The economic provision of food, has first class privilege and is
p.000069: will prefer to any other obligation.
p.000069: Art. 31.- Interest for late payment.- The default interest rate set by the Central Bank of Ecuador or the entity will be applied.
p.000069: state in charge of doing it, for each day of delay in the payment of the provision of food.
p.000069: Art. 32.- Expiration of the right.- The right to receive maintenance is extinguished by any of the following
p.000069: Causes:
p.000069: 1. For the death of the right holder;
p.000069: 2. For the death of all those obliged to pay; and,
p.000069: 3. For having disappeared all the circumstances that generated the right to payment of maintenance according to this law.
p.000069: Art. 33.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000069: Tenure and parental authority must be processed by separate rope. Forbid the counterclaim.
p.000069: CHAPTER II
p.000069: Of the Procedure for the fixation and collection of alimony and survival pensions
p.000069: Art. 34.- The demand.- The demand will be presented in writing, at the domicile of the right holder and in the form
p.000069: that for this purpose the Council of the Judiciary draw up, which will be available on its website. The formula
p.000069: must comply with the requirements established in the Code of Civil Procedure and this law and also
p.000069: It will contain a box in which the claimant identifies the data of the persons who are obligated
p.000069: subsidiaries of the provision of food as determined in article 5 unnumbered of this law; for
p.000069: notifications will indicate court box and / or email address for notifications that
...
p.000069: 30 to 45 days to judges who fail to comply with the terms, deadlines and amounts set forth herein
p.000069: law. In case of recidivism, he will proceed to dismiss the position.
p.000069: Art. 45.- Supplementary norms.- In everything not foreseen in this section, the Contentious Procedure will be applied.
p.000069: General, described in this code and in its absence the provisions of the Code of Civil Procedure.
p.000069: GENERAL DISPOSITION
p.000069: FIRST.- The product of the fines imposed in accordance with this Code, which do not have
p.000069: specific destination, will be sent to the Single National Treasury Account and will serve to finance the
p.000069: DNA testing costs, in the cases provided for in this law or to finance projects
p.000069: related to the reduction of judicial delay in maintenance trials.
p.000069: SECOND: The Family, Woman, Childhood and Adolescence Judges will officiate at the National Electoral Council, to
p.000069: SENRES, the Superintendency of Banks and Insurance, the Mercantile Registrar, the Registrar of the
p.000069: Property and how much authority is required, notifying the name of the debtor, the amount of the obligation due
p.000069: with their respective interests and the obligation to comply and enforce the resolution of disability
p.000069: provided for in this law.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 41
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: TRANSITORY DISPOSITIONS
p.000069: FIRST.- The National Council for Children and Adolescents, within a period of sixty days from the
p.000069: validity of this law, will prepare and publish the Table of Minimum Alimony, which
p.000069: It must be prepared based on technical studies on the amount required to satisfy the needs.
p.000069: basic of the beneficiaries.
p.000069: Once the National Council for Children and Adolescents becomes one of the National Equality Councils,
p.000069: The updating and setting of the Table of Minimum Alimony will be carried out by the Ministry of Inclusion
p.000069: Social and Economic.
p.000069: SECOND.- The Judicial Council, within a term of up to ninety days from the effective date of the
p.000069: This law will execute a National Program for the Improvement and Modernization of the Family, Women's Courts,
p.000069: Childhood and adolescence. This program will include: the purging of inactive or
p.000069: abandonment; elimination of judicial default through the massive fixing of basic alimony of
p.000069: pursuant to what is determined in this law and the establishment of emerging measures and
p.000069: Immediate to prevent the delay of the judicial decision regarding pension fixing
p.000069: food.
p.000069: Within the same period, the provisional and emergent appointment of Family Judges shall be empowered to the Judicial Council,
p.000069: Women, Children and Adolescents, in the number that is necessary for the cities of: Quito, Guayaquil, Manta, Santo
p.000069: Domingo de los Colorados, Esmeraldas and in the provincial capitals that the Council determines.
p.000069: A specialized commission of the Ministry of Justice will evaluate the results of the program and will issue the report
p.000069: respective, so that in case of negligence or non-compliance, the National Assembly initiates the respective impeachment
p.000069: against the Members of the Council of the Judiciary.
p.000069: THIRD.- The Judicial Council within thirty days from the effective date of the
p.000069: This Law will prepare and order the immediate implementation of the "Single Form for the Demand for
p.000069: Alimony and Incident of Increase or Decrease of Alimony ". Failure to comply with this
p.000069: obligation will be informed by the Ministry of Justice and if warranted it will lead to the initiation of
p.000069: respective impeachment for the removal of the members and members of said councils, by
p.000069: of the National Assembly.
p.000069: FOURTH.- The Council of the Judiciary will implement, within 120 days, an automated direct access system to
p.000069: the information on the income of those obliged to provide food, for which purpose the
p.000069: respective agreement with the Internal Revenue Service, SRI. For the purposes of other information, the Council
p.000069: of the Judiciary will prepare the respective project in order to cross information with other systems of
p.000069: registration such as that of the Superintendency of Banks, property and commercial.
p.000069: The institutions described and those determined by the Judicial Council, will implement mechanisms
p.000069: free of automatic and electronic delivery of information to the judges through key systems or
p.000069: others.
p.000069: FIFTH.- In food lawsuits that, at the date of issuance of the Pension Table
p.000069: Minimum Alimony, they are in process in the Judicial Branch and in which a pension has not been set
p.000069: provisional maintenance, check as provisional alimony the basic determined in the Table of
p.000069: Minimum Alimony.
p.000069: SIXTH.- As of the Table of Minimum Alimony Pensions, no pension
p.000069: food may be less than the minimum established in the Table.
p.000069: SEVENTH.- The Ministry of Public Health will implement within a period of no more than 360 days a
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 42
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Genetic Research Unit in which comparative examinations of
p.000069: the patterns of bands or sequences of deoxyribonucleic acid (DNA).
p.000069: EIGHTH.- Within a period of one hundred and eighty days from the approval of this law, the municipalities that have not created
p.000069: the Rights Protection Boards will have the obligation to do so. Failure to comply will lead to
p.000069: corresponding action by the State Comptroller General.
p.000069: FINAL DISPOSITION
p.000069: FIRST: Title V of the Second Book "On the Right to Food" of the Children's Code is repealed and
p.000069: Adolescence, published in the Official Registry No. 737 of January 3, 2003.
p.000069: TITLE VI
p.000069: ON THE RIGHT OF PREGNANT WOMEN TO FOOD
p.000069: Art. 148.- Content.- The pregnant woman has the right, from the moment of conception, to food for the
p.000069: attention to their needs for food, health, clothing, housing, childbirth, postpartum care, and during the
p.000069: lactation period for a period of twelve months from the birth of the son or daughter; if the creature dies in
p.000069: the mother's womb, or the boy or girl dies after childbirth, the protection to the mother will subsist for up to a period
p.000069: not more than twelve months from the death of the fetus or the boy or girl.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 61, 62, 233
p.000069: Jurisprudence:
p.000069: Judicial Gazette, SPECIAL SUMMARY PRENATAL FOOD TRIAL, May 28, 2012
p.000069: Art. 149.- Obligations to provide alimony.- The father of the child or
p.000069: girl, the alleged father in the case of article 131, and the other persons indicated in article 129.
p.000069: If the paternity of the defendant is not legally established, the Judge may decree the maintenance payment,
p.000069: provisional and definitive, since in the process there are tests that provide precise indications, sufficient
p.000069: and concordant to reach a conviction about the paternity or maternity of the defendant.
...
p.000069: extinguished.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 74 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000069: 69
p.000069: Art. 153.- Principles of adoption.- Adoption is governed by the following specific principles:
p.000069: 1. Adoption will be resorted to when the family support and family reintegration measures have been exhausted;
p.000069: 2. Priority will be given to national adoption over international adoption. International adoption will be exceptional;
p.000069: 3. Priority will be given to adoption by legally constituted heterosexual couples, over adoption by
p.000069: single people;
p.000069: 4. Members of the child's or adolescent's family of origin will be preferred as adopters, up to the fourth
p.000069: degree of consanguinity;
p.000069: 5. The boy and girl, whenever they are in a position to do so, must be heard in the process of
p.000069: adoption and their opinions will be valued according to the evolutionary and emotional development of each one. It is mandatory the
p.000069: adolescent consent;
p.000069: 6. Adopted persons have the right to know their status, their origin, their personal history
p.000069: and his inbred family, unless there is an express prohibition on the latter;
p.000069: 7. Candidates for adopters must be suitable persons;
p.000069: 8. Children, adolescents and adopter candidates must receive adequate preparation
p.000069: for adoption; and,
p.000069: 9. In cases of adoption of children and adolescents belonging to peoples and nationalities
p.000069: indigenous and Afro - Ecuadorian, adopters from their own culture will be preferred.
p.000069: Art. 154.- Unconditionality and irrevocability of the adoption.- The adoption cannot be subject to
p.000069: modalities and, once perfected, is irrevocable. Any condition that is imposed by those who must
p.000069: giving your consent will be deemed not written, without affecting the validity of the adoption.
p.000069: Art. 155.- Prohibition of undue economic benefits.- Obtaining of undue economic benefits is prohibited.
p.000069: as a consequence of adoption. Who conditions the consent for the adoption to an economic consideration
p.000069: and whoever mediates in this matter for profit, will be sanctioned as provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248, 252
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 44
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 156.- Limitation on the separation of siblings.- Only in exceptional cases may they be separated, for
p.000069: cause of adoption, children or adolescent siblings who have family relationships with each other. When i will
p.000069: hiciere, the necessary measures must be taken to ensure that the personal relationship and communication are preserved
p.000069: among them.
p.000069: The opinion of the boy or girl who expresses the desire to stay with their siblings, as well as the verification of a
p.000069: affective bond between them, must be specially considered by the Judge as antecedents that make
p.000069: adoption not recommended. In the same case, the Judge may not order the adoption against the express will of the
p.000069: Teen.
p.000069: Art. 157.- Age of the adoptee.- Only people under the age of eighteen can be adopted. By exception, the
p.000069: adult adoption in the following cases:
p.000069: a) When they have a relationship of kinship with the candidate for adoption within the fifth degree of consanguinity;
p.000069: b) When they have been integrated into the home of the candidate for adoption in foster care for a period of not less than
p.000069: two years;
p.000069: c) When they have been integrated into the candidate's home since childhood, or since adolescence for a period of
p.000069: less than four years; and,
p.000069: d) When it comes to adopting the spouse's child.
p.000069: In no case may persons over the age of twenty-one be adopted.
...
p.000061: administrative are:
p.000061: 1. The Technical Adoption Units of the Ministry of Social Welfare; and,
p.000061: 2. The Family Allowance Committees.
p.000061: Art. 168.- Of the Technical Adoption Units.- Corresponds to the Technical Adoption Units:
p.000061: 1. Prepare or request and approve medical, psychological, legal, family and social reports related to the
p.000061: person to be adopted; and require any extensions or clarifications that are
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p.000061: necessary;
p.000061: 2. Study the adoption applications of the adopter candidates, evaluate the reports on the realization of
p.000061: adoptive parent training courses and declare their suitability;
p.000061: 3. Carry out the matching process provided by the Family Allowance Committees and present the
p.000061: respective reports;
p.000061: 4. Design and execute, directly or through authorized entities, the continuous process of
p.000061: adoptive parent training and post-adoption support services; and,
p.000061: 5. Regulate the procedures to guarantee that the child or adolescent is adopted by the person or persons
p.000061: best suited to your needs, characteristics and conditions. For this purpose, it will establish a system
p.000061: integrated national information that has a registry of the candidates for adopters and a registry of children,
p.000061: girls and adolescents fit for adoption.
p.000061: Any report required in the adoption process must be motivated and commit responsibility
p.000061: solidarity of the Technical Unit of Adoptions and the entity that prepared it.
p.000061: These reports and studies are reserved and must be filed and preserved in order to ensure this
p.000061: character. They can be accessed by the adoptee who has reached the age of eighteen, his adoptive parents and persons
p.000061: legitimized for the action of nullity of the adoption.
p.000061: Art. 169.- Refusal of adoption request.- In case the adoption request is denied by the respective
p.000061: Technical Adoption Unit, the applicant may file an administrative appeal with the Minister
p.000061: of Social Welfare.
p.000061: Art. 170.- Of the Family Allocation Committees.- The Family Allocation Committees will be integrated
p.000061: by three appointed members; two by the Ministry in charge of economic inclusion issues and
p.000061: social and one by the municipal government where each committee has jurisdiction.
p.000061: Each Committee will elect a President from its bosom.
p.000061: The Family Allocation Committees will be called by their President at the request of the respective Technical Unit of
p.000061: Adoptions. The representatives and technicians of the attention entities and the officials of the Unit
p.000061: Adoption Technician will attend the Committee meetings with the sole purpose of issuing their technical criteria.
p.000061: The jurisdiction of the Family Allowance Committees will be determined by the Ministry in charge of the affairs of
p.000061: economic and social inclusion in the act of its creation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 171.- Of the members of the Assignment Committees.- To be a member of the Assignment Committees
p.000061: Family members must be accredited knowledge and experience in social, psychological, legal or medical work with children and
p.000061: adolescence, especially with children deprived of their family environment and adoption. The representatives cannot be
p.000061: of adoption agencies or entities, their officials or employees, and their relatives until
p.000061: fourth degree of consanguinity or second degree of affinity.
p.000061: Members of the Family Allowance Committees are subject to disabilities and
p.000061: incompatibilities provided for in the regulation.
p.000061: Art. 172.- The allocation.- The Allocation is the decision of the Family Allocation Committee, expressed by
p.000061: administrative resolution, by which an appropriate family is assigned to a certain child or adolescent, according to their
p.000061: needs, characteristics and conditions.
p.000061: The assignment will be notified to the candidates for adopters, the person to be adopted and the Care Entity
p.000061: where appropriate.
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p.000061: Adoptive families may not accept the assignment made, in a motivated way, if it does not respond
p.000061: to the terms of your request. If the non-acceptance of the assignment is due to reasons that the Committee considers
p.000061: discriminatory, will provide that the Technical Adoption Unit remove the family from the family registry
p.000061: adopters.
...
p.000061: adoption, and a new registry is practiced in which this circumstance will not be mentioned.
p.000061: Art. 177.- Nullity of the adoption.- The adoption will be annulled by the Judge, in the following cases:
p.000061: 1. Falsity of the reports or documents necessary to grant it;
p.000061: 2. Non-observance of the age requirement of the adoptee according to article 157;
p.000061: 3. Lack of any of the requirements that the adopter must meet, according to article 159;
p.000061: 4. Omission or defect of the consents required by article 161; and,
p.000061: 5. Failure to comply with the requirement set forth in article 160 for adoption by the guardian.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CIVIL CODE (BOOK IV), Arts. 1467
p.000061: Art. 178.- The nullity action.- The nullity of the adoption may only be sued by the adoptee,
p.000061: by the persons whose consent was omitted, in the case of numeral 4 of the article
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p.000061: above, and by the Ombudsman.
p.000061: This action prescribes within two years from the registration of the adoption decision.
p.000061: in the Civil Registry.
p.000061: Those legitimized actively for the exercise of the nullity action have the right to access all
p.000061: the documents and information that on the particular case are necessary.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK III), Arts. 1389
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 75
p.000061: Art. 179.- Monitoring of adoptions.- During the two years following the adoption, the national adopters
p.000061: and the adopted children and adolescents will receive advice and orientation and will be subject to the control of the Unit.
p.000061: Adoption Technique or the care entities that it designates, in order to strengthen ties
p.000061: family that creates the adoption and ensure the full exercise of the rights of the adopted.
p.000061: Chapter IV
p.000061: Of international adoption
p.000061: Art. 180.- Concept.- An international adoption is one in which the candidates for adopters,
p.000061: whatever their nationality, they have their habitual domicile in another State with which Ecuador has signed a
p.000061: adoption agreement; as well as the one in which the adoptive candidate or candidates are foreigners, domiciled in the
p.000061: Ecuador for less than three years.
p.000061: In case of not being domiciled in their country of origin, the applicant must prove a minimum residence of three
p.000061: years in another country with which Ecuador has signed an adoption agreement.
p.000061: Art. 181.- Authorized entities for adoption.- International adoption will be carried out only through entities
p.000061: created and authorized expressly and exclusively for this activity.
p.000061: Art. 182.- Requirements for international adoption.- In addition to the provisions of article 182, for it to take place
p.000061: An international adoption must meet the following requirements:
p.000061: 1. The existence of an international adoption treaty or agreement between Ecuador and the country of residence or
p.000061: origin, as the case may be, of the applicant (s). The country of domicile must comply with the terms established in
p.000061: the Convention on the Rights of the Child and the Hague Convention on the Protection of Children and
p.000061: Cooperation in the Field of International Adoption;
p.000061: 2. In the absence of the provisions of the preceding paragraph, the existence of an adoption agreement between Ecuador and a
p.000061: entity that mediates international adoption, duly accredited by the country of residence or origin, as
p.000061: the cases, provided that this country complies with the provisions of the international instruments mentioned in
p.000061: the previous numeral;
p.000061: 3. The central authority of the country of domicile of the applicants or the competent authority of
p.000061: protection of the rights of children and adolescents, must guarantee the suitability of the procedures and
p.000061: that adopted children and adolescents will enjoy all the guarantees and rights that the country of adoption
p.000061: recognizes its nationals;
p.000061: 4. That in the country of residence or origin of the applicant or applicants, be considered in favor of
p.000061: adopted rights, guarantees and conditions at least equal to those established by law
p.000061: Ecuadorian, including the Convention on the Rights of the Child. On this guarantee, the
p.000061: Technical Adoption Unit in the report to be added to the adoption procedure;
p.000061: 5. That the adoptive candidate or candidates are foreigners domiciled outside the national territory, domiciled in the
p.000061: country for less than three years or residing in another country other than the country of origin for the same period;
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p.000061: 6. That the adoptive candidates fulfill the requirements established in article 159 and those of the country of domicile,
p.000061: according to the case; and,
p.000061: 7. Meet the other requirements that this Code requires for adoption in general.
p.000061: Art. 183.- Presentation of the adoption request.- When the candidates for adopters are
p.000061: domiciled abroad, must submit their adoption request through public institutions
p.000061: competent from the country of your domicile or from private institutions duly accredited in the country of residence
p.000061: and authorized by the Ministry in charge of matters of economic and social inclusion, with all
p.000061: background, reports and documents necessary for its study, according to the terms of the respective agreement
p.000061: international.
...
p.000061: by the competent organisms of the country of residence or origin of the candidates for adopters, will issue a report
p.000061: on compliance with the requirements contained in the law and international conventions, and will declare the suitability
p.000061: of the adopters.
p.000061: If the report of the Technical Adoption Unit reports omissions or errors in the application and its documentation
p.000061: attached, it will notify the petitioner or applicants so that they may complete or rectify it within a period not exceeding sixty
p.000061: days, after which said Unit will proceed to deny the request or approve it and declare the suitability of the
p.000061: applicants.
p.000061: If the request is rejected, it may be appealed to the Minister of Social Welfare.
p.000061: The relationship and assignment will be made in accordance with the provisions of this Code.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 152
p.000061: Art. 185.- Transfer of the adopted person abroad.- Once the adoption decision has been executed, the Judge will authorize the
p.000061: the adoptee leaves the country only if the following conditions are met:
p.000061: 1. Travel in the company of at least one of the adopters; and,
p.000061: 2. That the central authority confer the certificate referred to in literal d) of article 17 of the Convention of
p.000061: The Hague on international adoptions.
p.000061: Art. 186.- Monitoring of international adoptions.- The State, through the central adoption authority,
p.000061: has the responsibility of periodically monitoring the residence and living conditions of the
p.000061: children and adolescents adopted in accordance with the rules of this title; and to demand that they be taken
p.000061: the measures that are necessary, in accordance with the international instruments in force, to improve said
p.000061: conditions when it is found that they are not suitable for the comprehensive development of the adopted.
p.000061: It is also responsible for annually requesting the foreign centers and institutions that have sponsored
p.000061: international adoptions, the follow-up reports to which they are required under said instruments
p.000061: international.
p.000061: The responsibilities indicated in the preceding paragraphs will cease after two years from the date of
p.000061: adoption. The agreements must stipulate that this monitoring will be quarterly during the first
p.000061: year and semester in the second.
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p.000061: The information gathered by the actions described in this article will be forwarded to the Technical Adoption Unit, which
p.000061: It will keep an updated statistic on the compliance of the different countries and entities of
p.000061: international adoption of the commitments assumed. Failure to submit reports
p.000061: Follow-up will be sufficient cause to terminate the international adoption agreement.
p.000061: Art. 187.- Obligations for adoption entities.- International adoption entities are
p.000061: forced to:
p.000061: 1. Maintain a legal representative in Ecuador;
p.000061: 2. Be covered by a current adoption agreement;
p.000061: 3. Accredit the authorization to manage international adoptions, granted by the central authority
p.000061: of adoptions, or their delegates, of the country of domicile of the adopters where the person will live
p.000061: adopted
p.000061: 4. Have the registration and registration of the program with the Ministry of Social Welfare;
p.000061: 5. Guarantee the capacity for overseas monitoring of adopted children and adolescents;
p.000061: 6. Thoroughly inform applicants of adoption costs; and,
p.000061: 7. Facilitate the access of the competent control authority to your administrative information and
p.000061: financial.
p.000061: Article 188.- International agreements on adoption.- The State may not sign international agreements
p.000061: on adoption that does not at least respect the rights, guarantees and procedures
p.000061: established in the Political Constitution, the Convention on the Rights of the Child, international instruments
p.000061: on the matter, the Hague Convention on the Protection of Children and Cooperation in the Matter of
p.000061: International adoption, this Code and the policies defined by the Ministry in charge of affairs
p.000061: of economic and social inclusion.
p.000061: Said agreements shall stipulate, at least:
p.000061: 1. The minimum requirements to be met by candidates for adopters, which in no case may be less than
p.000061: required for national adoption;
p.000061: 2. The indication of mechanisms for evaluating the agreement;
p.000061: 3. The commitment of accountability in all those matters that are required by the authority
p.000061: central; and,
p.000061: 4. The obligation of the counterparty to send the reports that are requested.
p.000061: In the negotiation of agreements, it should, try to contemplate the prerogative of the country to terminate
p.000061: unilaterally the agreement in case of breach.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69, 45, 46
p.000061: Article 189.- Receptive adoption.- Foreign children and adolescents who by virtue of adoption by
p.000061: Ecuadorians or foreigners residing in Ecuador permanently reside in the country, they will enjoy all
p.000061: rights, guarantees, attributes, duties and responsibilities that the law and international instruments confer
p.000061: according to the national adoption regime.
p.000061: THIRD BOOK
p.000061: OF THE DECENTRALIZED NATIONAL SYSTEM FOR THE INTEGRAL PROTECTION OF CHILDREN AND ADOLESCENTS
p.000061: TITLE I
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p.000061: GENERAL DISPOSITION
p.000061: Art. 190.- Definition and objectives of the system.- The National Decentralized System of Integral Protection
p.000061: to Children and Adolescents is an articulated and coordinated set of organizations, entities and services, public and
p.000061: private, which define, execute; control and evaluate the policies, plans, programs and actions, with
p.000061: the purpose of guaranteeing the comprehensive protection of children and adolescents; define measurements,
p.000061: procedures; sanctions and remedies, in all areas, to ensure validity, exercise,
p.000061: enforceability and restitution of the rights of children and adolescents, established in this
p.000061: Code, the Political Constitution and international legal instruments.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 45, 46
p.000061: Art. 191.- Guiding principles.- The National Decentralized System for the Comprehensive Protection of Children and Adolescents.
p.000061: is based on the principles enshrined in the Political Constitution of the Republic, the instruments
p.000061: international and this Code.
p.000061: It also obeys specific principles that inform its construction as a system:
p.000061: social participation, decentralization and deconcentration of their actions; the legality, the economy
p.000061: procedural, the motivation of all administrative and jurisdictional act, efficiency and effectiveness; and the
p.000061: co-responsibility of the State, family and society.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46
p.000061: Art. 192.- Organisms of the system.- The National Decentralized System for the Comprehensive Protection of Children and
p.000061: Adolescence is made up of three levels of organisms:
p.000061: 1. Organizations for defining, planning, controlling and evaluating policies, which are:
p.000061: a) The National Council for Children and Adolescents; and,
p.000061: b) The Cantonal Councils for Children and Adolescents;
p.000061: 2. Organizations for the protection, defense and enforcement of rights. Are:
p.000061: a) The Cantonal Boards for the Protection of Rights;
p.000061: b) The Administration of Specialized Justice for Children and Adolescents; and,
p.000061: c) Other organisms.
p.000061: 3. Organisms for the execution of policies, plans, programs and projects. Are:
p.000061: a) Public service entities; and,
p.000061: b) Private attention entities.
p.000061: TITLE II
p.000061: OF INTEGRAL PROTECTION POLICIES AND PLANS
p.000061: Art. 193.- Comprehensive Protection Policies.- Comprehensive protection policies are the set of
p.000061: public guidelines; dictated by the competent bodies, whose actions lead to ensuring the
p.000061: comprehensive protection of the rights and guarantees of children and adolescents.
p.000061: The National Decentralized System for the Comprehensive Protection of Children and Adolescents contemplates
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p.000061: five types of comprehensive protection policies, namely:
p.000061: 1. Basic and fundamental social policies, which refer to the universal conditions and services that
p.000061: All children and adolescents have the right, equally and without exception, as protection of the
p.000061: family, education; health, nutrition, housing, parental employment and social security, among
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
p.000061: of the rights of children and adolescents must contemplate the coordinated action of all entities
p.000061: responsible, at national and local level, in order to optimize the resources and efforts that are made.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 46
p.000061: TITLE III
p.000061: POLICY DEFINITION, PLANNING, CONTROL AND EVALUATION AGENCIES
p.000061: Art. 194.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 195.- Functions of the National Council.- Corresponds to the Ministry in charge of matters of economic inclusion and
p.000061: Social:
p.000061: a) Define and evaluate compliance with the National Policy for the Comprehensive Protection of Children and
p.000061: Adolescence, ensure the correspondence of sectoral and sectional policies with the national policy of
p.000061: comprehensive protection and demand compliance from the responsible agencies;
p.000061: b)
p.000061: c)
p.000061: d)
p.000061: and)
p.000061: F)
p.000061: Note: Literatures b) to f) repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: g) Define the national adoption policy and monitor compliance;
p.000061: h) Establish Family Assignment Committees, determine the jurisdiction of each and designate the members who
p.000061: corresponds to him in accordance with the provisions of this Code;
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p.000061: i) Designate the central authorities for the application of international legal instruments and determine the
p.000061: technical body responsible for monitoring and controlling compliance with the commitments assumed by
p.000061: the Ecuadorian State in said instruments and to prepare the corresponding reports;
p.000061: j) Propose to the representatives of the Ecuadorian State before international organizations in the area of ​​childhood and
p.000061: adolescence, considering candidates that due to their experience guarantee adequate representation;
p.000061: k) Promote the signing of conventions, treaties and other international instruments that are related to the
p.000061: children and adolescents at the national level, supporting initiatives that are promoted in this area from the
p.000061: Cantonal Councils;
p.000061: l)
p.000061: m)
p.000061: n)
p.000061: or)
p.000061: p)
p.000061: q)
p.000061: r)
p.000061: s)
p.000061: t)
p.000061: or)
p.000061: Note: Literals l) to u) repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 196.- Integration and duration of its members.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 197.- Form of election.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 198.- Operating rules.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Chapter I
p.000061: The Executive Secretariat of the National Council for Children and Adolescents
p.000061: Art. 199.- Legal nature and organic-functional dependency.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 200.- The National Executive Secretary.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
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p.000061: Chapter II
p.000061: The Cantonal Councils for Children and Adolescents
p.000061: Art. 201.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 202.- Functions.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 203.- Constitution and integration.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 204.- The Executive Secretariat.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: TITLE IV
p.000061: OF THE BODIES OF PROTECTION, DEFENSE AND DEMANDABILITY OF RIGHTS
p.000061: Chapter I
p.000061: The Cantonal Boards for the Protection of Rights
p.000061: Art. 205.- Legal Nature.- The Cantonal Boards for the Protection of Rights are operating level bodies, with
p.000061: administrative and functional autonomy, which have as a public function the protection of rights
p.000061: individual and collective of children and adolescents, in the respective canton.
p.000061: They will be organized by each municipality at the cantonal or parish level, according to their social development plans.
p.000061: They will be financed by the Municipality with the resources established in this Code and more laws.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 299, 304
p.000061: Article 206.- Functions of the Cantonal Boards for the Protection of Rights.- Corresponds to the Boards of
p.000061: Protection of Rights:
p.000061: a) Know, ex officio or at the request of a party, the cases of threat or violation of rights
p.000061: boys and girls and adolescents individuals within the jurisdiction of the respective canton; and arrange the measures
p.000061: administrative protection that are necessary to protect the threatened right or restore the violated right;
p.000061: b) Monitor the execution of its measures;
p.000061: c) File the necessary actions before the competent judicial bodies in cases of
p.000061: failure to comply with its decisions;
p.000061: d) Require from public officials of the central and sectional administration, the information and
p.000061: documents that they require for the fulfillment of their functions;
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p.000061: e) Keep the registry of the families, adults, children and adolescents of the respective Municipality to whom it has been
p.000061: applied protection measures;
p.000061: f) Report to the competent authorities the commission of administrative and criminal offenses against children,
p.000061: girls and adolescents;
p.000061: g) Monitor that the institutional regulations and practices of the attention entities do not violate the rights of the
p.000061: childhood and adolescence; and,
p.000061: h) The others that the law indicates.
p.000061: They will seek, with the support of authorized entities, the mediation and conciliation of the parties involved in the
p.000061: matters they are aware of, in accordance with the law.
p.000061: Article 207.- Integration of the Cantonal Boards of Protection of Rights.- The Cantonal Board of Protection of Rights
p.000061: It will be integrated with three main members and their respective alternates, who will be chosen by the Council.
p.000061: Cantonal de la Niñez y Adolescencia from among candidates accrediting technical training necessary to
p.000061: fulfill the responsibilities of the position, proposed by civil society. They will last three years in their
p.000061: functions and may be re-elected only once.
p.000061: The Regulations issued by the President of the Republic at the proposal of the National Council shall establish the rest
p.000061: requirements that must be met to be a member of these Boards, the inabilities and incompatibilities and
p.000061: the procedures for proposing and choosing them.
p.000061: Chapter II
p.000061: Other organisms of the system
p.000061: Art. 208.- Description.- They are also part of the National System for the Comprehensive Protection of Children and
p.000061: Adolescence the Ombudsman's Office, with the functions indicated in the Constitution and the law, the Ombudsmen
p.000061: Community for Children and Adolescents and the Specialized Police for Children and Adolescents.
p.000061: The Community Defenders for Children and Adolescents are forms of community organization, in which
p.000061: parishes, neighborhoods and rural sectors, for the promotion, defense and monitoring of the rights of children and
p.000061: adolescence. They may intervene in cases of violation of the rights of children and adolescents and exercise the
p.000061: administrative and judicial actions that are within their reach when necessary, will coordinate their actions with the
p.000061: Ombudsman Office.
p.000061: The Specialized Police for Boys, Girls and Adolescents intervenes in the System exclusively for the fulfillment of
p.000061: the tasks assigned by law to the police forces, which will be carried out in coordination with the other agencies
p.000061: of the System and police forces. It will be made up of technical personnel who have approved courses in
p.000061: specialization in matters related to the protection of the rights of children and adolescents.
p.000061: The regulation will contemplate the specific functions of these organisms within the system.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 215
p.000061: TITLE V
p.000061: OF THE EXECUTING AGENCIES OF THE NATIONAL PROTECTION SYSTEM
p.000061: Art. 209.- Definition and legal nature.- The organisms of execution of policies, plans, programs
p.000061: and projects, are public and private attention entities that are in charge of the execution of
p.000061: policies, plans, programs, projects, actions and measures of protection and sanction, according to the policies and
p.000061: plans defined by the competent bodies and instructions
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 57
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: of the authority that legitimized its operation.
p.000061: Art. 210.- Efficacy and legality of their action.- The attention entities must carry out their activities
p.000061: in the way that ensures the validity and protection of the rights and guarantees of children and
p.000061: adolescents, with strict adherence to the provisions of this Code, the regulations and the
p.000061: instructions from the authority that legitimized its operation.
p.000061: Art. 211.- Obligations of the attention entities.- The attention entities and the programs they execute must
p.000061: comply with the following general obligations:
p.000061: a) Promote personal and direct relationships with the family and promote activities that allow strengthening
p.000061: family bonding or reintegration in the shortest possible time, depending on the case;
p.000061: b) Carry out educational actions with the relatives in the care of the child or adolescent;
p.000061: c) Provide personalized attention and development of educational and recreational activities with each child and
p.000061: adolescent, according to their developmental needs;
p.000061: d) Comply with national standards of quality, safety and hygiene, in addition to those indicated in each case by the
p.000061: authority that legitimized its operation;
p.000061: e) Have adequate financial, human and material resources for the programs they execute;
p.000061: f) Submit periodic and detailed reports on the progress of their programs to the body that authorized their registration
p.000061: and operation;
p.000061: g) Guarantee that children and adolescents have public identity documents;
p.000061: h) Perform all social, legal and administrative actions aimed at defining and solving the situation
p.000061: physical, psychological, legal, family and social of the boy, girl and adolescent;
p.000061: i) Provide medical, dental, legal, psychological and social care;
p.000061: j) Guarantee food, clothing and necessary implements for personal hygiene and cleanliness;
p.000061: k) Inform the competent authority of the situation of threat or violation of rights;
p.000061: l) To inform the competent authority of changes in the legal status of children and
p.000061: adolescents in order for it to adopt the corresponding measures;
p.000061: m) Guarantee the entry and permanence of children and adolescents in the educational system, when
p.000061: correspond
p.000061: n) Maintain complete and updated records of each child or adolescent; and,
p.000061: o) The others established in this Code, laws, regulations, resolutions and instructions of the authority that
p.000061: legitimized its operation.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000061: Art. 212.- Registration of the attention entities. Attention entities must request registration
p.000061: to the respective ministry, for which they will present the care program, its financing and the other documents that
p.000061: are indicated in the Regulations. The registration of care entities will be valid for two renewable years
p.000061: indefinitely. In cases of refusal to register or to enroll in a program, the affected entity may
p.000061: resort to the ministry in charge of matters of economic and social inclusion, against whose resolution there will be no
p.000061: any resource. The service entity may resubmit an application for registration or registration
p.000061: of a program, when you have overcome the reasons why you were denied. The ministry in charge of the affairs of
p.000061: economic and social inclusion may revoke at any time, by means of a reasoned resolution in the terms required
p.000061: the Constitution of the Republic, the registration of the entity or the registration of the program, when they do not comply with the
p.000061: authorized purposes or consider that they somehow threaten or violate the rights of children and
p.000061: teenagers.
p.000061: Note: Article replaced by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 58
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p.000061: Art. 213.- Control and sanctions.- The attention entities and the programs they execute will be subject
p.000061: to the control, inspection and evaluation, at least once a year, by the organisms that authorized its registration and
p.000061: functioning.
p.000061: In case of non-compliance with the provisions of this Code or the specific purposes for which they were
p.000061: authorized, the control body mentioned in the previous paragraph will impose on the attention entities one of the
p.000061: following penalties, observing the principle of proportionality between the offense and the penalty:
p.000061: a) Written warning and deadline to overcome the cause that motivates the sanction;
p.000061: b) A fine of five hundred to five thousand dollars, which will be doubled in case of recidivism;
p.000061: c) Suspension of operation, for a period of three months to two years;
p.000061: d) Cancellation of one or more programs; and,
p.000061: e) Cancellation of authorization and registration.
p.000061: The application of sanctions will be made after the non-compliance has been verified, through a
p.000061: administrative procedure that ensures respect for due process guarantees.
p.000061: Art. 214.- Obligations of schools, colleges and health centers.- The entities that provide
p.000061: Public and private education and health services must comply with the measures of
p.000061: protection and administrative and judicial resolutions issued by the corresponding authorities and with the standards
p.000061: of established quality.
p.000061: TITLE VI
...
p.000061: a specific action for the restitution of the violated right, such as: imposing on parents the
p.000061: enrollment of the child or adolescent in the Civil Registry or arrange for a health facility to provide
p.000061: urgent care or that an educational establishment proceed to enroll it, etc .;
p.000061: 5. The temporary removal of the person who has threatened or violated a right or guarantee, from the place where they live with
p.000061: the affected child or adolescent; and,
p.000061: 6. Emergency custody of the affected child or adolescent, in a family home or a care entity,
p.000061: up to seventy-two hours, during which time the Judge will order the corresponding protection measure.
p.000061: The following are judicial measures: foster care, institutional foster care and adoption.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 67
p.000061: Art. 218.- Competent authority and authorized entities.- They are competent to order the measures of
p.000061: protection referred to in this title, the Judges of Children and Adolescents, the Cantonal Protection Boards of
p.000061: Rights and care entities in the cases contemplated in this Code.
p.000061: Judicial protection measures can only be ordered by the Children's Judges and
p.000061: Adolescence.
p.000061: Administrative measures can be ordered interchangeably by the Children's Judges and
p.000061: Adolescence and the Cantonal Boards for the Protection of Rights, according to those who have prevented the knowledge of the
p.000061: facts that justify them.
p.000061: Care entities may only order administrative protection measures, in cases expressly
p.000061: provided for in this Code.
p.000061: Of the measures provided by the Cantonal Boards of Protection of Rights and the attention entities can
p.000061: appeal to the Childhood and Adolescence Judges, against whose resolution in this matter there will be no recourse.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 4 CODE OF CIVIL PROCEDURE, Arts. 29, 38
p.000061: Art. 219.- Monitoring, review, evaluation and revocation of the measures.- The Boards of Protection of Rights and
p.000061: The Judges for Children and Adolescents have the responsibility of monitoring the measures
p.000061: of protection that they have ordered, review their application and periodically evaluate their effectiveness, in relation
p.000061: with the purposes that were had at the time of decreeing them.
p.000061: Protection measures can be replaced, modified or revoked by the authority that imposed them.
p.000061: Chapter II
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 60
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p.000061: Foster care
p.000061: Art. 220.- Concept and purpose.- Foster care is a temporary measure of protection provided
p.000061: by the judicial authority, which aims to provide a child or adolescent deprived of their environment
p.000061: family, an ideal family and appropriate to their needs, characteristics and conditions.
p.000061: During the execution of this measure, it will seek to preserve, improve or strengthen family ties,
p.000061: prevent abandonment and seek the insertion of the child or adolescent into their biological family,
p.000061: involving parents and relatives.
p.000061: Art. 221.- Limitation on foster care.- The poverty situation of parents and relatives within
p.000061: of the third degree of inbreeding in a straight or collateral line is not in itself sufficient reason to resolve the
p.000061: foster care.
p.000061: Art. 222.- Foster care conditions.- Foster care must comply with the following
p.000061: terms:
p.000061: 1. Run in a home previously qualified for this purpose, by the competent authority;
p.000061: 2. Run in a home that, due to its location, allows the children and adolescents subject
p.000061: to the extent, normally participate in community life and can use all the services that it
p.000061: offers;
p.000061: 3. Assure children and adolescents an adequate socialization process and guarantee them security and
p.000061: emotional and affective stability; and,
p.000061: 4. Guarantee that the relationships of the foster child or adolescent develop in a family context and are
p.000061: personalized, so that the construction of their identity and the development of the
p.000061: personality.
p.000061: The regulation will establish the requirements that the foster parents must meet and more conditions that they must
p.000061: meet for the declaration of suitability.
p.000061: Art. 223.- Right to financial contribution.- The boy, girl or adolescent who is in
p.000061: Foster care has the right to receive from their relatives up to the third degree of
p.000061: consanguinity, and in the absence or impossibility of these, by the State and sectional governments,
p.000061: a monthly financial contribution sufficient to cover their needs for the duration of the foster care. The
p.000061: The amount of this financial contribution will be fixed every six months by the Judge for Children and Adolescents.
p.000061: Art. 224.- Executors of foster care.- Foster care will be carried out through families
p.000061: registered with a service entity authorized to carry out these programs.
p.000061: In order to execute a foster care program, the care entity, in addition to meeting the general standards,
p.000061: You must present a training program for foster families and individuals.
p.000061: Art. 225.- Priority for foster care.- For the foster care, the following order of
p.000061: priority:
p.000061: 1. The family to which both parents or the father or the mother according to who exercises the homeland
p.000061: power, has delivered the child or adolescent for their care and upbringing; and,
p.000061: 2. A family that guarantees the protection and integral development of the child or adolescent,
p.000061: preferably of their ethnic group, town or culture.
p.000061: All persons entrusted with the care and protection of a child or adolescent in foster care
p.000061: family must be enrolled in a foster program that will provide education and training
p.000061: necessary and will supervise the performance of its mission. People
...
p.000061: Foster has the following specific rights and responsibilities:
p.000061: 1. Be informed of the nature of the measure and express their opinion for fostering, according to its development
p.000061: evolutionary;
p.000061: 2. Receive adequate care and attention from those who host him;
p.000061: 3. Participate in the execution of the life project that includes all areas for its integral development; and,
p.000061: 4. Keep respect and collaborate with the foster family and the entity authorized to fulfill the objectives
p.000061: of foster care.
p.000061: Art. 229.- Termination of foster care: Foster care ends by:
p.000061: 1. The reintegration of the child or adolescent into their biological family;
p.000061: 2. Adoption of the child or adolescent;
p.000061: 3. The legal emancipation of the host, for the causes provided for in the 2nd ordinals. and 4th. of article 328 of the Code
p.000061: Civil; and,
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 62
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p.000061: 4. Resolution of the authority that ordered the measure.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 308
p.000061: Art. 230.- Prohibition of profit.- Obtaining profit as a consequence of the
p.000061: foster care.
p.000061: Art. 231.- Option to adopt foster children: People who have had a child or adolescent in
p.000061: foster care, will have a priority option for adoption, provided they meet the requirements
p.000061: legal.
p.000061: Chapter III
p.000061: INSTITUTIONAL WELCOME
p.000061: Art. 232.- Concept and purpose: Institutional fostering is a transitory measure of protection provided by the
p.000061: judicial authority, in cases where foster care is not possible, for those children or
p.000061: adolescents who are deprived of their family environment. This measure is the last resort and will be followed.
p.000061: only in those duly authorized care entities.
p.000061: During the execution of this measure, the responsible entity has the obligation to preserve, improve,
p.000061: strengthen or restore family ties, prevent abandonment, seek the reintegration of the child, or
p.000061: teen in your birth family or seeking adoption.
p.000061: Art. 233.- Termination of institutional fostering.- Institutional fostering ends by:
p.000061: 1. Reinsertion of the child or adolescent in their biological family;
p.000061: 2. Foster care;
p.000061: 3. Adoption of the child or adolescent;
p.000061: 4. Legal emancipation of the host; and,
p.000061: 5. Resolution of the competent authority that ordered it.
p.000061: Art. 234.- Rules applicable to institutional care.- Are applicable to institutional care the
p.000061: Relevant foster care provisions, especially those related to the limitation of foster care due to
p.000061: poverty, economic contribution, duties and obligations of the foster child, duties and rights of children and
p.000061: teenagers and their family, as well as the prohibition of profit.
p.000061: TITLE VIII
p.000061: ADMINISTRATIVE PROCEDURE FOR THE PROTECTION OF RIGHTS
p.000061: Art. 235.- Provenance and competent body.- The procedure regulated in this title is applied for the substantiation of
p.000061: the following matters:
p.000061: a) The application of protective measures when there has been a threat or violation of individual rights or
p.000061: groups of one or more children or adolescents;
p.000061: b) The knowledge and sanction of the infractions sanctioned with warning; and,
p.000061: c) The knowledge and sanction of the irregularities committed by the attention entities, it is up to
p.000061: the bodies that registered and authorized the offending entity.
p.000061: The knowledge and resolution of the matters indicated in paragraphs a) and b) correspond to the Cantonal Board of
p.000061: Protection of Rights of the canton where the threat, violation of law or infraction occurred.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 63
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p.000061: Article 236.- Active legitimation.- Without prejudice to the power of the competent bodies to act ex officio and of the
p.000061: In cases where public action is granted, they can propose administrative protection action:
p.000061: 1. The affected child or adolescent;
p.000061: 2. Any member of your family, up to the fourth degree of consanguinity and second of affinity;
p.000061: 3. The Ombudsman's Office;
p.000061: 4. The Community Defenders; and,
p.000061: 5. Any other person or entity that has an interest in it.
p.000061: Art. 237.- Beginning of the procedure.- The administrative procedure for the protection of rights can be initiated from
p.000061: ex officio or by verbal or written complaint in which it will be indicated:
p.000061: 1. The organism before which he appears;
...
p.000061: mediation.
p.000061: If the parties reconcile, a protection measure will be established to promote relations between those affected
p.000061: and the mechanisms for evaluating and monitoring the measure will be determined. Otherwise, if there are facts that
p.000061: must be proven, the substantiating body will immediately convene a new hearing for the surrender of
p.000061: tests, which must be held no later than the following five business days.
p.000061: The substantiating body shall have the power to order the tests and investigations that it considers
p.000061: necessary.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 121
p.000061: Art. 239.- Evidence hearing.- The parties will present all their evidence at the same hearing, after which they may
p.000061: verbally present their allegations, beginning with the complaining party. If the substantive body deems it
p.000061: necessary for the extension of the tests, may establish a recess of up to three business days.
p.000061: Art. 240.- Resolution.- The substantiating body will pronounce its final resolution in the same hearing or, more
p.000061: take, within two business days.
p.000061: The requirements for protective actions, if urgent, must be met immediately or
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 64
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p.000061: in its defect within a period of five days from the notification of the resolution
p.000061: corresponding, the same that can be done at the same hearing. In case of non-compliance with the requirement, the
p.000061: whistleblower or the Cantonal Protection Board will resort to the Judge of Children and Adolescents for the
p.000061: application of sanctions for violation of rights. For this effect, the corresponding procedure of
p.000061: the constitutional amparo action.
p.000061: Art. 241.- Appeal.- Against the resolution pronounced by the substantiating body, only the following fit
p.000061: means:
p.000061: 1. Replenishment, which must be proposed within three days, before the same body that pronounced it, who
p.000061: will resolve within forty-eight hours; and,
p.000061: 2. On appeal, before the Judge of Children and Adolescents with jurisdiction corresponding to the body that pronounced the
p.000061: failed or denied the petition. The appeal must be filed within three days from
p.000061: the contested resolution was issued or the reconsideration was denied, as appropriate.
p.000061: The appeal for reversal will be resolved in a hearing set for this purpose, in accordance with the rules of this
p.000061: The same section in which the parties will present only their oral arguments.
p.000061: The file containing the appeal will be sent within a maximum period of forty-eight hours to the Judge
p.000061: Childhood and Adolescence, which will advocate knowledge of the administrative process and call a
p.000061: hearing to resolve the appeal that must be carried out within a maximum term of seventy-two hours.
p.000061: At the resolution hearing, the parties may present their oral arguments and only and exclusively
p.000061: those tests that demonstrate that by their nature they were not known in the administrative process.
p.000061: The Judge of Children and Adolescents, within a period of five days, must issue a sentence, which may not be
p.000061: object of any subsequent appeal and must be executed immediately. None of these resources will suspend
p.000061: the execution of the protection measures adopted.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 325, 327
p.000061: Art. 242.- Withdrawal.- The withdrawal of the administrative action does not prevent the organ
p.000061: The substantiator can continue with the procedure, when deemed necessary for the adequate protection of the
p.000061: rights of the affected child or adolescent.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 373, 374, 375, 376
p.000061: Art. 243.- Maximum duration of the administrative procedure.- In no case the substantiated procedure
p.000061: before the administrative body it may last more than thirty business days.
p.000061: Art. 244.- Sanctions for denial of justice.- When the competent administrative body unduly refuses
p.000061: to process a complaint filed in accordance with the rules of this title, members who
p.000061: they concurred with their vote to the refusal, with a fine of
p.000061: 50 to 100 dollars. When it exceeds the maximum terms contemplated for the duration of the
p.000061: procedure, its members responsible for the delay will be sanctioned with the penalty of fine provided in the
p.000061: article 249.
p.000061: For the application of this sanction the judicial procedure of the following title will be used.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 65
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 18
p.000061: TITLE IX
p.000061: INFRINGEMENTS AND SANCTIONS
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 245.- Competent authority.- The infractions that in this title have been assigned a fine,
p.000061: they constitute administrative infractions and will be judged and sanctioned by the Rights Protection Board
p.000061: of the canton where the offense was committed.
p.000061: The members of the Councils for Children and Adolescents and the Boards for the Protection of Rights will be judged and
p.000061: sanctioned by the Judges of Childhood and Adolescence of the respective jurisdiction.
p.000061: For the application of custodial sanctions, the provisions of the Code of Procedure shall be followed.
p.000061: Penal.
p.000061: Art. 246.- Destination and collection of fines.- Fines collected in accordance with this
p.000061: Code will be directly deposited in the Fund for the Protection of Children and Adolescents. In case of
p.000061: delay in the payment of the fines, its collection will be in charge of the respective Municipality that will have coercive jurisdiction
p.000061: for the effect.
p.000061: Art. 247.- Special sanctions for suspension and closure.- Public service and attention entities and
p.000061: private that violate or threaten the rights of children and adolescents, in addition to the penalties of fine provided
p.000061: in this title, they will be sanctioned with a suspension of five days, the first time, one month the second and with
p.000061: final closure the third time.
p.000061: Chapter II
p.000061: Offenses sanctioned with a fine
p.000061: Art. 248.- General sanction.- Anyone who threatens or violates any of the rights or guarantees contemplated in any way.
p.000061: in this Code and more laws, in favor of a child or adolescent, and whose conduct of action or omission does not have
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
p.000061: 5. Educational establishments that unjustifiably expel a child or adolescent,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 66
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: do not allow their right to defense and deny the guarantees of due process;
p.000061: 6. Educational establishments that impose unjustified disciplinary sanctions on a child or adolescent,
p.000061: do not allow their right to defense and deny the guarantees of due process; and,
p.000061: 7. Establishments and authorities that violate the exercise of the right to diversity or cultural identity.
p.000061: The payment of the fine does not exempt educational establishments from restoring the violated right.
p.000061: Art. 250.- Violations against the right to information.- They will be sanctioned with the fine indicated in the article
p.000061: previous:
p.000061: 1. The media, cinemas, theaters and public shows and those responsible for their programming, which
p.000061: comply with the obligation to announce, with due anticipation, the nature and age classification for the audience
p.000061: or enter their programs;
p.000061: 2. Media directors, video and recording editors, and manufacturers
p.000061: and merchants of products aimed at children or adolescents, whose publications,
p.000061: editions and packaging of products contravene the prohibitions contained in article 46;
p.000061: 3. Those responsible for establishments and shows, public or private, that admit boys, girls and
p.000061: teens to shows and shows not rated as age-appropriate; and,
p.000061: 4. People who promote or allow any form of participation, public or private, of children,
p.000061: girls and adolescents in programs, commercial messages and shows whose content is inappropriate for their age.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 251.- Infractions against the right to privacy and image.- They will be sanctioned with a fine
p.000061: indicated in article 248:
p.000061: 1. The media, those responsible for programming or editing, and journalists, who disseminate
p.000061: information that allows or enables the identification of a teenager involved in criminal prosecution, or
p.000061: from their relatives;
p.000061: 2. The media and persons indicated in the previous numeral, that publish or exhibit reports, voice or image or any
p.000061: data or information that allows the identification of a child or adolescent who has been the object of any form of
p.000061: sexual abuse or maltreatment;
p.000061: 3. Public officials who by any means, directly or indirectly, do or allow them to be done
p.000061: public the police or judicial records of the adolescents that have been investigated,
p.000061: prosecuted or deprived of their liberty for a criminal offense, in contravention of the provisions
p.000061: by article 53;
p.000061: 4. Those who use the image of a child or adolescent in any means of communication or advertising resource
p.000061: without the express authorization of the latter or his legal representative; and,
p.000061: 5. Natural or legal persons who distort, ridicule or exploit through any means the image of
p.000061: children or adolescents with disabilities.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 252.- Infractions related to adoption.- They will be sanctioned with the fine indicated in the article
p.000061: 248:
p.000061: 1. Those who condition consent for adoption to any consideration of a character
p.000061: economic; and,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 67
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p.000061: 2. The tutor who adopts his pupil without having previously approved the accounts of his administration.
p.000061: Article 253.- Other infractions sanctioned with a fine.- They will be sanctioned with the fine indicated in article 248:
p.000061: 1. The directors of health facilities that deny the provision of emergency medical services to a
p.000061: boy, girl or adolescent; or the safe stay of a newborn with his mother; or that in any way
p.000061: breaches the obligations described in article 30, if it does not result in death or serious and permanent damage
p.000061: for health, the child, adolescent or mother;
p.000061: 2. Payers, or those who substitute for them, in the public or private sector, who do not comply with the resolution
p.000061: court ordering the withholding of compensation of an employee, worker, retired or retired for the payment of a
p.000061: alimony in favor of a boy, girl or adolescent;
p.000061: 3. The legal representatives of the attention entities that do not fulfill the obligations indicated in the
p.000061: Article 211. The same sanction shall be incurred, in cases of similar non-compliance, by natural persons who have
p.000061: his position a protection program;
p.000061: 4. Public officials, of the central and sectional administration, who do not send the information in a timely manner and
p.000061: documents that are required by the Cantonal Boards of Protection of Rights or the Municipalities, for the
p.000061: fulfillment of its functions;
p.000061: 5. The judge ministers, members of the Cantonal Councils for Children and Adolescents and of the Protection Boards
p.000061: of Rights and municipalities, judges and public officials, who refuse to hear a boy, girl or
p.000061: adolescent, who are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 6. Those who by any means put restrictions that prevent the exercise of the right of assembly and free association
p.000061: of a boy, girl or adolescent, outside the cases expressly allowed by law;
p.000061: 7. The members of the Public Ministry, the defenders of childhood and adolescence, the public defenders or the
p.000061: public defenders, lawyers, experts, secretaries, officers, and clerks of the courts and tribunals, who
p.000061: unreasonably delay the judicial procedures regulated in this Code;
p.000061: 8. Those who use or allow the use of children or adolescents who have not reached the age of sixteen, in
p.000061: political or religious proselytizing programs or shows;
p.000061: 9. Commercial establishments and people who sell alcoholic beverages and cigarettes to minors
p.000061: eighteen years;
p.000061: 10. Those who violate the right to association, assembly and demonstration of children and
p.000061: adolescents, in the terms enshrined in this Code; and,
p.000061: 11. Public officials who impede the right of children and adolescents to their identity and
p.000061: ID.
p.000061: Note: Number 7. reformed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 729
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 66, 362, 365
p.000061: Article 254.- Sanction to the judges for the delay in the processing of the processes.- Without prejudice to the
p.000061: civil, administrative or criminal responsibilities that correspond, will be sanctioned with a fine equivalent to three
p.000061: dollars for each business day or fraction of the day that exceeds the maximum time of substantiation of the trials and
p.000061: administrative procedures that know, in accordance with the provisions of this Code, the
p.000061: Judge Ministers of the Supreme Court and Superior Courts, the Judges of Children and Adolescents and the
p.000061: members of the Boards of Protection of Rights.
p.000061: In the case of judges, judges, civil servants and judicial servants, the infraction will be
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 68
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: known and sanctioned by the National Council of the Judiciary. Members of the Councils for Children and Adolescents
p.000061: and of the Boards of Protection of Rights will be judged and sanctioned by the Judge of Children and Adolescents of the
p.000061: respective jurisdiction.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 172
p.000061: TITLE X
p.000061: THE ADMINISTRATION OF JUSTICE OF CHILDREN AND ADOLESCENCE
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 255.- Specialty.- Establish the Administration of Specialized Justice for Children and
p.000061: Adolescence, integrated into the Judicial Function, for the knowledge and resolution of matters
p.000061: related to the protection of the rights and guarantees of children and adolescents regulated in this Code.
p.000061: Art. 256.- Guiding principles.- The Administration of Specialized Justice for Children and
p.000061: Adolescence will guide its actions and resolutions with strict adherence to the principles, rights, duties and
p.000061: responsibilities established in this Code.
p.000061: Its management is also inspired by the principles of humanity in the application of law, prioritization
p.000061: of equity over the rituality of prosecution, legality, independence, gratuitousness, morality,
p.000061: speed and efficiency.
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000061: Art. 257.- Guarantees of due process.- In all judicial proceedings that are substantiated pursuant to this
p.000061: Code, people will have the inviolability of the defense, the contradiction, the challenge, the
p.000061: immediacy, the right to be heard and other guarantees of due process.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 258.- Testimony of the offended boy, girl and adolescent.- In all judicial or
p.000061: administrative, the judge or the competent authority, will ensure that the best interests of the child or
p.000061: teenager who has been offended by the commission of a criminal offense.
p.000061: The child or adolescent will declare without oath, in the presence of their parents or guardian.
p.000061: If they do not have them, the Judge will designate and possess a special curator on the spot, preferring for the effect
p.000061: to a trusted person of the declarant.
p.000061: The declaration must be practiced in a reserved manner and under conditions that respect privacy, physical integrity and
p.000061: emotional of the child or adolescent. The procedural parties may witness the statement, if the Judge
p.000061: considers that it does not violate the best interests of the child or adolescent.
p.000061: After the declaration, the judge may authorize the interrogation of the parties through him.
p.000061: The Judge will not allow the questions that contravene the provisions of this
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 69
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 515
p.000061: CIVIL PROCEDURE CODE, Arts. 122, 138, 152, 209
p.000061: Chapter II
p.000061: Organs of the Administration of Specialized Justice for Children and Adolescents
p.000061: Art. 259.- Jurisdictional bodies.- The Administration of Specialized Justice for Children and
p.000061: Adolescence is made up of the Courts for Children and Adolescents and the Courts for Adolescents
p.000061: Violators.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 167
p.000061: Art. 260.- In attention to the needs of the justice administration service, the Judicial Council may
p.000061: provide for the existence of a technical office as an auxiliary body for the judges of children and
p.000061: Adolescence, from the specialized rooms of the Provincial and National Court, made up of doctors,
p.000061: psychologists, social workers and more professionals specialized in working with children and adolescents, in the
p.000061: number determined for each case by the Judicial Council.
p.000061: This office will be in charge of practicing the technical examinations ordered by the judges and their reports will have value
p.000061: expert.
p.000061: The servers that make up this office will be part of the administrative judicial career that
p.000061: contemplates the Organic Code of the Judicial Function
p.000061: Note: Article replaced by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 261.- Supplementary regulations.- In everything related to the organization of the Administration of Justice for Children
p.000061: and Adolescence, which is not contemplated in this Code, the rules of the Organic Law of the
p.000061: Judicial function.
p.000061: Art. 262.- Jurisdiction of the Teenage Offender Judges. Corresponds to the Teen Judges
p.000061: Offenders within their respective territorial constituencies, knowledge and resolution of matters
p.000061: related to the responsibility of the adolescent who treats the Fourth and Fifth Books.
p.000061: In the cantons where there is no judge of offending adolescents, the knowledge of the causes will correspond to the
p.000061: Family judge, woman, childhood and adolescence.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 70
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: CIVIL PROCEDURE CODE, Arts. 1, 16
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 175, 178
p.000061: Art. 263.- Special requirements to be a Judge.- In addition to the general requirements established in the Organic Law of
p.000061: the judicial function, to be a judge for children and adolescents, you must participate in an opposition contest and
p.000061: merits, whose aptitude test will include an evaluation of the candidate's knowledge and understanding
p.000061: about the principles and rules of this Code, Political Constitution, Convention on
p.000061: Rights of the Child and more international instruments in force on the rights and guarantees of children
p.000061: and adolescents.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 170
p.000061: Chapter III
p.000061: The judicial action for protection
p.000061: Art. 264.- Purpose and nature.- The judicial action for protection aims to obtain a
p.000061: judicial order for the protection of the collective and diffuse rights of children and
p.000061: adolescence, and consists in the imposition of a certain behavior of action or omission, of possible
p.000061: compliance, directed to the person or entity required, with the precautions provided by law.
p.000061: Art. 265.- Active legitimation. - The following may propose legal action for protection:
p.000061: a) The Rights Protection Boards, in cases of threats or violations of rights produced in their
p.000061: respective jurisdiction;
p.000061: b) The Ombudsman's Office; and,
p.000061: c) Any person over the age of fifteen who has an interest in it.
p.000061: For the action of literal c), the sponsorship of a lawyer will be required.
p.000061: Art. 266.- Competent body.- Knowledge and resolution of the judicial action for protection
p.000061: corresponds to the Judge of Children and Adolescents of the jurisdiction in which the violation of the right has occurred, in
p.000061: the domicile of the defendant or that of the plaintiff, at the latter's choice.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 45, 48 CODE OF CIVIL PROCEDURE, Arts. 26
p.000061: Art. 267.- Procedure.- The summary procedure that guarantees the contradiction will be applied to this action.
p.000061: procedural, due process guarantees and the right to effective judicial protection.
p.000061: Chapter IV Legal proceedings
p.000061: First Section
p.000061: Special rules for the investigation of the Police and the Technical Office
p.000061: Art. 268.- Investigation.- This Code regulates the investigation of the Police and the Technical Office for Children and the
p.000061: Adolescence for the substantiation of research aimed at:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 71
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Locate children and adolescents deprived of their family environment, presumably lost, disappeared or
p.000061: plagiarized; and,
p.000061: 2. Identify and locate the places of residence of the father, mother or relatives within the third
p.000061: degree of consanguinity absent or missing of the child or adolescent.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 269.- Petition.- The official judge or at the request of any service entity, the mother, the
p.000061: father or relatives of the child or adolescent, as the case may be, will dictate a car in which they will have
p.000061: the corresponding investigation tending to identify and locate the child or adolescent, their parents and others
p.000061: relatives, as the case may be.
p.000061: The investigation will involve the Public Ministry, DINAPEN or other Police units
p.000061: Nacional and the Technical Office, who are required to submit monthly reports on activities
p.000061: carried out and their results.
p.000061: The Judge may request clarification, extensions or reform of the reports presented.
p.000061: Art. 270.- Reinsertion of the child or adolescent in their biological family. - If the investigation
...
p.000061: first, third and fourth of article 158 of this Code and the reports of the investigation carried out do not allow
p.000061: determine, identify and locate the father, mother or both or the relatives within the referred degrees, the Judge
p.000061: declare the adoptability of a child or adolescent.
p.000061: To the demand of deprivation of parental authority for unjustified absence of the father, mother or both, according
p.000061: corresponds, a certified copy of the police and social investigation process and its omission must be accompanied
p.000061: is cause of nullity of the judgment.
p.000061: The Judge who is aware of the demand for the deprivation of parental authority, in the order to classify the claim, will
p.000061: record that it meets all the requirements of law.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 22 CIVIL CODE (BOOK I), Arts. 303, 304, 305, 306, 367
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 112, 113
p.000061: Second section
p.000061: The general contentious procedure
p.000061: Art. 271.- Matters to which it is applied.- The norms of this section will be applied for the
p.000061: substantiation of all matters related to the matters covered by the Second Book, those of the Third Book
p.000061: whose resolution is the exclusive competence of the Judge of Children and Adolescents and
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 72
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: in which an actively legitimized person raises a legal claim.
p.000061: Matches:
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 62
p.000061: Art. 272.- The demand and the summons.- The demand must meet the requirements contemplated in article 71 of the Code
p.000061: of Civil Procedure and the Judge will qualify it within the forty-eight hours following the presentation of the
p.000061: same.
p.000061: In his first ruling the Judge will classify it and, if he meets the legal requirements, he will accept it for processing, case
p.000061: Otherwise it will be ordered to complete it as provided in article 73 of the aforementioned Code.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 66, 73
p.000061: Art. 273.- Conciliation and reply hearing.- The conciliation hearing will be conducted
p.000061: personally by the Judge, who will initiate it promoting in the parties a conciliatory settlement that, if any, will be
p.000061: approved at the same hearing and will end the trial.
p.000061: If no conciliation occurs, the Judge will immediately hear the parties' rebuttals and counter-rebuttals, beginning
p.000061: for the defendant's answer, who, after the plaintiff's argument, will have the opportunity to make a brief
p.000061: replica. After the allegations have been concluded, the opinion of the adolescent, necessarily, or of the child or
p.000061: girl who is of age and conditions to lend it.
p.000061: Before closing the hearing, the Judge will insist on a conciliation of the parties; if there is not and there are facts that
...
p.000061: your son or daughter will submit a request to the Judge of the domicile of the child or adolescent, so that
p.000061: your consent is received. The petition must contain the names, surnames; profession or activity and
p.000061: domicile of the applicants and of the son or daughter whose adoption they consent; and attach the heading of
p.000061: birth of the latter.
p.000061: The Judge will qualify the petition within seventy-two hours after its presentation and
p.000061: will provide for the recognition of the signature and signature of the petitioners. Made the recognition, will point
p.000061: day and time for the hearing that must be held within the fifteen days following the notification of the
p.000061: providence that summons it. At the hearing, the Judge will explain to the applicants the consequences
p.000061: legal and social aspects of the adoption and if these are ratified in your decision, you will receive your consent
p.000061: and will decree a provisional protection measure in favor of the child or adolescent.
p.000061: After the hearing, it will provide that the Technical Adoption Unit, the Specialized Police for Children,
p.000061: Girls or Adolescents and the Technical Office carry out investigations aimed at locating relatives, within
p.000061: of the fourth degree of consanguinity, of the child or adolescent, who can take charge permanently and
p.000061: stable of your care.
p.000061: If the results of the investigations are positive and any of these relatives express their
p.000061: Willingness to take care of this care, will forward the record to the Civil Judge so that he can proceed to
p.000061: discernment of guardianship. Otherwise it will declare the boy, girl or adolescent in legal aptitude to
p.000061: be adopted.
p.000061: For the development of the investigations referred to in the preceding paragraphs, the Judge will grant
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p.000061: a term of not less than sixty nor more than one hundred and twenty days.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 22 CIVIL CODE (BOOK I), Arts. 398
p.000061: Fourth Section
p.000061: Special rules for the judgment of possession
p.000061: Art. 290.- Monitoring of tenure.- In the resolution on tenure, the Judge will order that the Technical Office
p.000061: regularly monitor tenure and report on your results.
p.000061: Art. 291.- Motivation of the resolution order.- The order that resolves on the possession, must consider obligatorily
p.000061: the position of the child or adolescent during the hearing, being careful not to reveal what he / she declared in
p.000061: exercise of your right to be heard.
p.000061: Fifth Section
p.000061: Special rules for the trial of fixation of maintenance
p.000061: Article 292.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000061: Tenure and parental authority must be processed by separate rope. Prohibition of counterclaim in these
p.000061: Actions.
p.000061: Art. 293.- Power to dispose evidence ex officio.- The Judge may order ex officio the practice of the evidence that
p.000061: deem necessary to establish the economic capacity of the feeder and the needs of the fed.
p.000061: TITLE XI
p.000061: THE MEDIATION
p.000061: Art. 294.- Cases in which it proceeds.- Mediation will proceed in all transferable matters provided that
p.000061: violate inalienable rights of childhood and adolescence.
p.000061: Art. 295.- Special rules.- It will be carried out before a Mediation Center of those indicated in the following article.
p.000061: Those interested may intervene personally or through attorneys.
p.000061: The opinion of the child or adolescent who is in a position to express it will be heard.
p.000061: Art. 296.- Qualification of Mediation Centers.- Mediation Centers must be authorized
p.000061: legally to be able to intervene in the matters covered by this Code.
p.000061: Art. 297.- Supplementary regulations.- In what is not foreseen in this title, the provisions will be applied.
p.000061: relevant to the special law on the matter.
p.000061: TITLE XII
p.000061: ECONOMIC RESOURCES OF THE SYSTEM
p.000061: Art. 298.- Financing from the National Council for Children and Adolescents.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 299.- Financing of the Cantonal Councils for Children and Adolescents and Cantonal Boards
p.000061: for the Protection of Children and Adolescents.-
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 77
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 300.- Of the National Fund for the Protection of Children and Adolescents.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 301.- Of the sources of resources.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 302.- Of municipal funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 303.- Of the administration of the funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Article 304.- Of the sources of resources of the municipal funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: BOOK FOUR
p.000061: RESPONSIBILITY OF THE ADOLESCENT OFFENDER
p.000061: TITLE I
p.000061: GENERAL DISPOSITION
p.000061: Art. 305.- Unimputability of adolescents.- Adolescents are criminally imputable and, therefore,
p.000061: they will not be judged by ordinary criminal judges nor will the sanctions provided for in the criminal laws be applied to them.
p.000061: Art. 305-A.- Verification of age and identity. The verification of the age and identity of the
p.000061: adolescents will be held before the first hearing, for which they will resort to:
p.000061: 1. Any public identification document; or,
p.000061: 2. The pertinent scientific evidence carried out by an expert.
p.000061: In case of adolescent refusal to carry out the scientific test, the prosecutor will request a court order to
p.000061: the practice of expertise guaranteeing due process.
...
p.000061: will notify the judgment to the Judicial Council for the corresponding procedure.
p.000061: 8. The order to destroy samples of substances for crimes of illicit production or trafficking of substances
p.000061: listed subject to inspection.
p.000061: 9. The provision to the centers of adolescent offenders or zonal Units of integral development for adolescents
p.000061: violators of the obligation to report monitoring and control reports of the measure imposed.
p.000061: 10. The signature of the judge.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 363.- Existence of several sentenced adolescents.- If there are several adolescents
p.000061: sentenced, the judge must refer in the sentence to each of them and indicate if they are authors or accomplices; or,
p.000061: ratify their innocence. In the latter case, it will order the cessation of all precautionary measures.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 363-A.- Notification.- The resolutions adopted by the specialized juvenile offender judge that
p.000061: restrict freedom or those that declare the expiration, suspension, revocation or replacement of internment
p.000061: preventive, dismissal, prescription, as well as the sentence that declares responsibility or confirms the
p.000061: innocence, will be notified to the Ministry
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 95
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p.000061: in charge of justice and human rights affairs, and when relevant to the Police
p.000061: Specialized in Children and Adolescents and the National Directorate of Migration.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-B.- Time of the socio-educational measure.- The judge specialized in offending adolescents
p.000061: will determine precisely the time and mode of the socio-educational measure that the adolescent should
p.000061: comply.
p.000061: For the purposes of computing the sanction, they count every day of the year. It is understood that the day is twenty-four hours and
p.000061: the month thirty days. The duration of the preventive internment will be computed to the socio-educational measure. When in
p.000061: the preventive internment expires the time provided in the socio-educational measure, the judge will declare it
p.000061: extinguished and will order the immediate release of the adolescent, without the need for another document or requirement
p.000061: for it to become effective.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-C.- Opportunity to execute the socio-educational measure.- The socio-educational measure will be met a
p.000061: once the sentence is executed.
p.000061: No pregnant adolescent, whatever their gestation period, may be deprived of their liberty or be
p.000061: notified with sentence, but ninety days after delivery.
...
p.002014: Center for adolescent offenders or the zonal Unit for the comprehensive development of adolescent offenders, who then
p.002014: if this non-compliance is duly verified for reasons attributable to the adolescent, the superior measure will be imposed.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 388.- Continuity of compliance with socio-educational measures for adults.
p.002014: sentenced upon reaching the age of majority will continue with the imposed socio-educational measure. If it is a
p.002014: deprivation of liberty socio-educational measure, will remain in a special section in the same
p.002014: Teenage offenders.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 389.- Emerging exits.- The adolescent is guaranteed emergent exit from the center of
p.002014: institutional internment for:
p.002014: a) Receive specialized medical attention, when it cannot be provided at the center.
p.002014: b) Attend the burial of their ascendants or descendants in the first degree, their spouse or partner in common law, as well
p.002014: as if to visit them in their bed of serious illness.
p.002014: In these cases, the exits will be carried out under the supervision of the Specialized Police for Children and
p.002014: Adolescence, which will be responsible for returning the adolescent to the center, once the need has been met.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 390.- Comprehensive care model.- Socio-educational measures must be progressively fulfilled according to the
p.002014: individualized program and the guidelines of the comprehensive care model provided by the Regulations issued
p.002014: for its effect.
p.002014: The comprehensive care model is developed on five axes:
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p.002014: 1. Self-esteem and autonomy: Awareness of responsibility for their actions, their human development will be promoted
p.002014: comprehensive and respect for the Law.
p.002014: 2. Education: constant learning will be encouraged, for which the entrance, re-entry and permanence in the
p.002014: the educational system, so that the use of free time will be aimed at pedagogical use
p.002014: educational.
p.002014: 3. Comprehensive health: there will be a comprehensive medical and clinical history. Constant checks will be made for the
p.002014: timely detection of possible diseases and provide preventive and curative health in addition to programs
p.002014: help, orientation and treatment in case of addictions and others.
p.002014: 4. Occupational work: To guarantee quality training that enables the older adolescent
p.002014: of fifteen years develop skills for insertion in the labor market, generating strategies of
...
p.002014: competent or for having been arrested for a flagrant crime.
p.002014: Teens detained for research will be admitted to an existing temporary reception section
p.002014: throughout the Teenage Offender Center.
p.002014: From the moment the adolescent enters the Center, they will be informed in a clear and simple way about their rights,
p.002014: duties, rules and routines of coexistence in the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 395.- Compulsory health examination.- Adolescents will undergo a medical examination at the time of their admission and
p.002014: of their departure from the centers of adolescent offenders and they will be provided, if necessary, care and treatment
p.002014: doctor.
p.002014: If there are indications of aggression against physical, psychological or sexual integrity, the health professional has the
p.002014: obligation to report this fact to the prosecution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 396.- Internal and external security of the centers of offending adolescents.- Internal security and
p.002014: external of the centers of deprivation of liberty of adolescents, will be the responsibility of the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: External security will be the responsibility of the specialized Police for Children and Adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 397.- Supervision and surveillance.- The specialized personnel responsible for the custody of the
p.002014: adolescents within the Centers and in the transfer, must guarantee their physical integrity, as well as
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 105
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: the safety of the centers and of the people who are in them.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 398.- Transfer.- The Coordinator, the adolescent, his legal representative, curator or person in charge of his care,
p.002014: You can request the Ministry in charge of justice and human rights matters to transfer you to the following
p.002014: cases:
p.002014: 1. Family closeness.
p.002014: 2. Suffering from one or more diseases for which the adolescent is in danger of death.
p.002014: 3. Need for specialized treatment, as a security measure, for a mental disorder, for which it will certify
p.002014: a psychiatrist with his report.
p.002014: 4. Teen or center safety.
p.002014: 5. Overcrowded conditions.
p.002014: Only the adolescent can appeal the transfer decision ordered by the Ministry in charge of the affairs of
p.002014: justice and human rights or their refusal, before the judge of offending adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 399.- Security criteria in the centers of offending adolescents.- The security criteria
...
p.002014: committing a fault or by the staff of the centers. The names and surnames of the
p.002014: whistleblower, or any data that identifies him inside or outside the center.
p.002014: 2. The Center Coordinator will summon the parties involved, the parents, legal representative or person responsible for their
p.002014: carefully and will notify you with all the documents and other writings containing elements of conviction of the
p.002014: presumed committing a disciplinary offense in order to exercise his defense.
p.002014: 3. After twenty-four hours of notification, a hearing will be called in which the parties will be heard. The
p.002014: adolescent will always be heard as the last intervention. In the same hearing the tests that the
p.002014: parties or the Center Coordinator consider pertinent to
p.002014: CODE OF CHILDHOOD AND ADOLESCENCE - Page 110
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: verify the disciplinary offense or distort it.
p.002014: 4. The Center Coordinator at the same hearing, will resolve and record in writing the fact, the fault and the
p.002014: sanction or acquittal.
p.002014: In all cases where a judicial ruling is required, the administrative authority will send the file to
p.002014: juvenile offender judge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 421.- Disruption of order in the Centers for Teenage Offenders.- When there is a riot or a serious one
p.002014: disruption of order in a center, the Center Coordinator will request, if necessary, intervention
p.002014: of the specialized police for children and adolescents to the extent and the time necessary for the restoration of
p.002014: order.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 422.- Leakage.- In case of leakage, the Coordinator will arrange the immediate search and apprehension of the adolescent,
p.002014: all the means at their disposal and will bring this fact to the attention of the specialized judge.
p.002014: The entity in charge to establish the responsibility for said leak will also be informed, as well as the prosecution
p.002014: for your research.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 423.- Supplementary norms.- The norms contemplated in the Organic Comprehensive Penal Code are supplementary to this
p.002014: Book in what is not foreseen and in what is pertinent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: TITLE V
p.002014: PREVENTION OF CRIMINAL VIOLATION OF ADOLESCENTS
p.002014: Note: Title VI of the Fourth Book called "The prevention of criminal infraction of
p.002014: adolescents "and all its articles become part of the Fifth Book, and as Title V.-
p.002014: Articles 387.- Co-responsibility of the State and civil society, 388.- Supervision of the National Council of the
p.002014: Childhood and Adolescence, and 389.- Repeal, are numbered as articles 424, 425 and 426 respectively. Given by
p.002014: Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: Art. 424.- Co-responsibility of the State and civil society.- It is the responsibility of the State and society
...
p.002014: Art. 425.- Supervision of the Ministry in charge of matters of economic and social inclusion.- The Ministry
p.002014: responsible for economic and social inclusion issues will supervise and evaluate compliance with the
p.002014: provided in the previous article.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 111
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.002014: Note: Article renumbered by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: Art. 426.- Derogatory.- The following bodies and legal provisions are repealed:
p.002014: 1. The Minors Code: Law 170.PCL.RO-S 995 of August 7, 1992; and other regulatory regulations derived from
p.002014: referred Code.
p.002014: 2. The General Regulation to the Minors Code: DE 2766.RO 711 of June 7, 1995.
p.002014: Note: Article renumbered by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: TRANSITORY DISPOSITIONS
p.002014: First.- Those who hold the positions of Judge Ministers of the National Juvenile Court and District Courts
p.002014: Minors will become part of the Judicial Function, whose headquarters will be the city in which they
p.002014: exercised jurisdiction, within a period of sixty days, in accordance with the provisions of the National Council of the
p.002014: Judiciary.
p.002014: Second.- Those who are exercising the positions of Presidents of the Juvenile Courts will go to
p.002014: occupy the positions of Judges of Childhood and Adolescence, within a maximum period of sixty days, for which purpose, in the form
p.002014: prior, the National Council of the Judiciary will distribute according to the needs of each
p.002014: territorial jurisdiction, being able to resolve the creation of new courts for Children and Adolescents, the
p.002014: of Family, Childhood and Adolescence Courts, or the determination of the civil judges that will go to
p.002014: fulfill functions of Judges of the Family, Childhood or Adolescence.
p.002014: Jurisprudence:
p.002014: Judicial Gazette, COURT OF MINORS, Jul 11, 1921
p.002014: Third.- The medical and educational members of the Juvenile Courts and the District Courts, as well as
p.002014: the technical team of the Judicial Social Service for Minors will become part of the Office
p.002014: Technique, auxiliary body of the Childhood and Adolescence Judges, within a maximum period of sixty days.
p.002014: These may also be an auxiliary body of the Judges for Children and Adolescents in places where the
p.002014: National Council of the Judiciary expressly establishes it. These people will receive the same wages and
p.002014: remuneration than those who exercise equivalent functions in the Judicial Function, in no case,
p.002014: those will be less than those they had been receiving.
p.002014: Fourth.- The other officials, employees, servers and administrative workers that currently
p.002014: provide their services in the Juvenile Judicial Service, they will become part of the Children's Courts and
p.002014: Adolescence and technical offices according to the distribution made by the National Council of the Judiciary
p.002014: within a maximum period of sixty days; in the same way they will receive the same remuneration as their peers of the Function
p.002014: Judicial.
p.002014: Fifth.- The aforementioned charges will be subject to what is prescribed in the Organic Law of the Function
p.002014: Judicial and other applicable legal norms. The National Council of the Judiciary, when carrying out the
p.002014: assignment and distribution of these positions, will ensure that the people who held them, under the new structure
p.002014: lend it in the same cities where they exercised their function, at the time of publication in the Official Registry of this
p.002014: Code.
p.002014: Sixth.- The budget items corresponding to the spending groups of: remunerations, goods and
p.002014: consumer services and general services; and the movable property assigned to
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 112
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: operation of the National Juvenile Court, District Juvenile Courts and Juvenile Courts,
p.002014: they will transfer from the Social Welfare Budget to the budget of the Judicial Branch. Within the maximum period of
p.002014: ninety days the Ministry of Economy and Finance and the Ministry of Social Welfare by the Function
p.002014: Executive and the competent bodies of the Judicial Function, will proceed to adopt the pertinent measures to
p.002014: compliance with these provisions.
p.002014: Seventh.- The National Council of the Judiciary will take all necessary measures for the full application of these
p.002014: provisions, as well as to organize, appoint and integrate the Courts for Children and Adolescents and
p.002014: technical offices within sixty days after publication in the Official Register of this Code.
p.002014: Eighth.- All magistrates, officials, employees and workers, who have or will assume
p.002014: Responsibilities related to the application of this Code in the Judicial Function must be
p.002014: duly trained, for which purpose, the National Judicial Council will coordinate with the organizations
p.002014: relevant public and private.
p.002014: Ninth.- The National Council for Children and Adolescents must conform according to this Code and
p.002014: come into operation within a maximum period of ninety days from the publication of this Organic Law in
p.002014: the Official Registry, for which the competent bodies will take the necessary measures for its effective
p.002014: compliance.
p.002014: Tenth.- The different organisms and institutions within the scope of their competence will adopt all the measures
p.002014: and will implement the necessary mechanisms for its organization and operation in accordance with
p.002014: this Code within a maximum period of eighteen months from the publication of this Code in the Official Registry,
p.002014: with the exception of the provisions regarding the integration and operation of the National Council for Children and Adolescents
p.002014: and the formation and operation of the Specialized Justice for Children and Adolescents that
p.002014: subject to the aforementioned deadlines.
p.002014: All the people who participate in the organisms of the System must receive refresher courses and
p.002014: specialization in this Code, which will include its principles, foundations, contents and procedures.
p.002014: Eleventh.- For the resolution of the causes that were in knowledge of the judicial service of
p.002014: minors prior to the entry into force of this code, will be subject to the provisions of the
p.002014: Article 7 of the Civil Code in everything that does not contravene this Code. The new causes will be
p.002014: known and resolved under this Code by the current juvenile justice service, until it is integrated under the
p.002014: new structure in the Judicial Function.
p.002014: Twelfth.- Within a period of thirty days from the effective date of this
p.002014: Code, the attention entities that currently execute or are in charge of programs or projects of attention to
p.002014: childhood and adolescence, they will request their registration in the corresponding canton.
p.002014: Before proceeding to the registration, the respective cantonal council of childhood and adolescence will make an evaluation
p.002014: of the suitability of the applicant, based on the efficiency with which they have fulfilled the programs and
p.002014: projects in your charge.
p.002014: In the event that the relevant organizations have not been integrated at the cantonal level, said registration will be made
p.002014: before the National Council for Children and Adolescents.
p.002014: Thirteenth.- Within sixty days after their possession, the Judges of Childhood and Adolescence
p.002014: They will visit the current detention centers for adolescent offenders in their jurisdiction for the
p.002014: control of the legality of deprivation of liberty.
p.002014: Fourteenth.- The readjustment referred to in article 139 of this Code will apply to
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 113
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: food benefits fixed prior to the entry into force of this Code, within
p.002014: the thirty days following the publication of this Code in the Official Registry.
p.002014: Fifteenth.- The Ministry of Education and Culture is in charge of preparing an edition of this Code with
p.002014: its explanatory statement and an annex with the Convention on the Rights of the Child, in a sufficient number to be
p.002014: distributed free of charge to all students of the public schools and colleges of the Republic, and at cost price
p.002014: to those of private establishment. This order must be executed within a maximum period of one year.
p.002014: Final Art.- This Code will enter into force one hundred eighty days after its publication in the Registry
p.002014: Official.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 114
...
Social / Elderly
Searching for indicator elderly:
(return to top)
p.000069: democratic, tolerant, solidary and participatory;
p.000069: 4. Incentivize in them the knowledge, conscience, exercise and defense of their rights,
p.000069: claim the protection of said rights and their restitution, if applicable;
p.000069: 5. Stimulate and guide their cultural formation and development;
p.000069: 6. Ensure their participation in the decisions of family life, according to their evolutionary degree;
p.000069: 7. Promote the practice of recreational activities that contribute to the family unit, their physical health
p.000069: and psychological;
p.000069: 8. Apply preventive measures compatible with the rights of the child and adolescent; and,
p.000069: 9. Comply with the other obligations indicated in this Code and more laws.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 268, 273, 278 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 103.- Fundamental duties of sons and daughters.- Sons and daughters must:
p.000069: 1. Maintain a responsible and respectful behavior that provides their parents with the appropriate
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
p.000069: in case of illness, during the elderly and when they have a disability that does not allow them
p.000069: fend for themselves; and,
p.000069: 3. Collaborate in household chores, according to their age and development, as long as they do not interfere with their activities
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
...
Social / Ethnicity
Searching for indicator ethnic:
(return to top)
p.000069: Priority corresponds to the father and the mother, the shared responsibility of respect, protection and
p.000069: childcare and promotion, respect and enforcement of their rights.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 220, 268
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 2
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 10.- Duty of the State to the family.- The State has the priority duty to define and execute policies,
p.000069: plans and programs that support the family to fulfill the responsibilities specified in the
p.000069: previous article.
p.000069: Jurisprudence:
p.000069: Judicial Gazette, AMOUNT AND FORM OF FOOD SUPPLY, Feb 14, 2007
p.000069: Art. 11.- The best interest of the child.- The best interest of the child is a principle that is aimed at satisfying
p.000069: the effective exercise of all the rights of children and adolescents; and imposes on all
p.000069: administrative and judicial authorities and public and private institutions, the duty to adjust their
p.000069: decisions and actions for compliance.
p.000069: In order to appreciate the best interest, the need to maintain a fair balance between rights and
p.000069: duties of children and adolescents, in the way that best suits the realization of their rights and
p.000069: guarantee.
p.000069: This principle prevails over the principle of ethnic and cultural diversity.
p.000069: The best interests of the child is a principle of interpretation of this Law. No one may invoke it.
p.000069: against express norm and without previously listening to the opinion of the child or adolescent involved, who is in
p.000069: conditions to express it.
p.000069: Art. 12.- Absolute priority.- In the formulation and execution of public policies and in the provision of resources,
p.000069: absolute priority must be assigned to children and adolescents, who will also ensure preferential access to
p.000069: public services and any kind of attention they require.
p.000069: Special priority will be given to the care of children under the age of six.
p.000069: In the event of conflict, the rights of children and adolescents prevail over the rights of others.
p.000069: Art. 13.- Progressive exercise.- The exercise of rights and guarantees and compliance with the
p.000069: Duties and responsibilities of children and adolescents will be done progressively, according to their
p.000069: degree of development and maturity. Any restriction on the exercise of these rights and guarantees that is not
p.000069: expressly contemplated in this Code.
...
p.000069: nor in publications aimed at the family and children and adolescents; and,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 11
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 3. The circulation of any product intended for children and adolescents, with packaging containing
p.000069: inappropriate images, texts or messages for its development.
p.000069: These prohibitions apply to the media, communication systems, advertising companies and programs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19
p.000069: Art. 47.- Guarantees of access to adequate information.- To guarantee the right to information
p.000069: adequate, which is dealt with in the previous article, the State shall:
p.000069: a) Require the media to disseminate information and materials of social and cultural interest
p.000069: for children and adolescents;
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
p.000069: crime, that they have pornographic images or content or that they harm the minor's education; and,
p.000069: g) Require the audiovisual media to announce with sufficient anticipation and sufficient
p.000069: notoriety, the nature of the information and programs they present, and the age rating for their audience.
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
p.000069: messages and programs that incite violence, exploit fear or take advantage of children's lack of maturity,
p.000069: girls and adolescents to induce them to behavior harmful or dangerous to their health and safety
p.000069: personal and everything that violates morality or modesty.
...
p.000061: meet for the declaration of suitability.
p.000061: Art. 223.- Right to financial contribution.- The boy, girl or adolescent who is in
p.000061: Foster care has the right to receive from their relatives up to the third degree of
p.000061: consanguinity, and in the absence or impossibility of these, by the State and sectional governments,
p.000061: a monthly financial contribution sufficient to cover their needs for the duration of the foster care. The
p.000061: The amount of this financial contribution will be fixed every six months by the Judge for Children and Adolescents.
p.000061: Art. 224.- Executors of foster care.- Foster care will be carried out through families
p.000061: registered with a service entity authorized to carry out these programs.
p.000061: In order to execute a foster care program, the care entity, in addition to meeting the general standards,
p.000061: You must present a training program for foster families and individuals.
p.000061: Art. 225.- Priority for foster care.- For the foster care, the following order of
p.000061: priority:
p.000061: 1. The family to which both parents or the father or the mother according to who exercises the homeland
p.000061: power, has delivered the child or adolescent for their care and upbringing; and,
p.000061: 2. A family that guarantees the protection and integral development of the child or adolescent,
p.000061: preferably of their ethnic group, town or culture.
p.000061: All persons entrusted with the care and protection of a child or adolescent in foster care
p.000061: family must be enrolled in a foster program that will provide education and training
p.000061: necessary and will supervise the performance of its mission. People
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 61
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: indicated in numeral 1 will be enrolled in one of the programs referred to in the previous article, since
p.000061: foster care is formalized.
p.000061: Art. 226.- Duties and obligations of the foster care entities.- In addition to the obligations
p.000061: general to any care entity, the one that executes foster care programs, must comply with the
p.000061: following specific obligations:
p.000061: 1. Assume the legal representation of the foster child or adolescent, when the resolution so determines;
p.000061: 2. Submit to the competent authority in a timely manner the global project of the family and the comprehensive project of
p.000061: care for the foster child or adolescent and ensure compliance;
p.000061: 3. Seek to strengthen family ties and overcome the causes that motivated the measure;
p.000061: 4. Periodically inform the competent authority of the general situation of the host or, at any time if
...
Searching for indicator ethnicity:
(return to top)
p.000069: of the internal legal order, that do not contradict the principles recognized in this Code and are
p.000069: more favorable for the enforcement of the rights of children and adolescents.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
...
p.000061: Offenses sanctioned with a fine
p.000061: Art. 248.- General sanction.- Anyone who threatens or violates any of the rights or guarantees contemplated in any way.
p.000061: in this Code and more laws, in favor of a child or adolescent, and whose conduct of action or omission does not have
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
p.000061: 5. Educational establishments that unjustifiably expel a child or adolescent,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 66
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: do not allow their right to defense and deny the guarantees of due process;
p.000061: 6. Educational establishments that impose unjustified disciplinary sanctions on a child or adolescent,
p.000061: do not allow their right to defense and deny the guarantees of due process; and,
p.000061: 7. Establishments and authorities that violate the exercise of the right to diversity or cultural identity.
p.000061: The payment of the fine does not exempt educational establishments from restoring the violated right.
p.000061: Art. 250.- Violations against the right to information.- They will be sanctioned with the fine indicated in the article
p.000061: previous:
p.000061: 1. The media, cinemas, theaters and public shows and those responsible for their programming, which
...
Social / Fathers
Searching for indicator fathers:
(return to top)
p.000069: In case of: absence, impediment, insufficient resources or disability of the principal,
p.000069: duly verified by the person who alleges it, the competent authority shall order that the provision of food be
p.000069: paid or completed by one or more of the following required subsidiaries, based on their ability
p.000069: economically and as long as they are not disabled, in order:
p.000069: 1. The grandparents;
p.000069: 2. Siblings who have reached the age of 21 and are not included in the cases of numerals two
p.000069: and three from the previous article; and,
p.000069: 3. The uncles / as.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 33
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The competent authority, based on the order provided in the preceding paragraphs, in the degrees of kinship indicated,
p.000069: simultaneously and based on their resources, they will regulate the proportion in which said relatives will provide the pension
p.000069: alimony, until completing the total amount of the fixed pension or assuming it in its entirety, as the case may be.
p.000069: The relatives who have made the payment may exercise the action of repetition of the payment against the father and / or the
p.000069: mother.
p.000069: The judges will apply ex officio the international instruments ratified by Ecuador in order to
p.000069: guarantee the right to food of children and adolescents, daughters and sons of fathers or mothers
p.000069: that have migrated abroad, and will have all the necessary measures to ensure the effective collection of the
p.000069: pension.
p.000069: The central authority will act diligently to ensure respect for the rights of children and
p.000069: adolescents, and, will respond in case of negligence.
p.000069: Art. 6.- Procedural Legitimation.- They will be entitled to demand the provision of the maintenance right to
p.000069: in favor of a boy, girl or adolescent or people of any age who suffer from a physical disability or
p.000069: mental that prevents them from doing it by themselves:
p.000069: 1. The mother or father in whose care the son or daughter is and, in their absence, the person exercising their
p.000069: legal representation or who is in charge of your care; and,
p.000069: 2. Adolescents over 15 years of age.
p.000069: In order to present the demand, the attorney will not be required. The claimant will present it on the form
p.000069: that for this purpose the Judicial Council will design and publicize. If due to the complexity of the case, the judge or
p.000069: the procedural party considers that legal sponsorship is necessary, will provide for the participation of a public defender or
p.000069: from a private defender, respectively.
p.000069: Art. 7.- Provenance of the right without separation. - The alimony comes even in the cases in which the fed
p.000069: and the obligated coexist under the same roof.
...
p.000061: family, education; health, nutrition, housing, parental employment and social security, among
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
p.000061: of the rights of children and adolescents must contemplate the coordinated action of all entities
p.000061: responsible, at national and local level, in order to optimize the resources and efforts that are made.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 46
p.000061: TITLE III
p.000061: POLICY DEFINITION, PLANNING, CONTROL AND EVALUATION AGENCIES
p.000061: Art. 194.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 195.- Functions of the National Council.- Corresponds to the Ministry in charge of matters of economic inclusion and
p.000061: Social:
...
Social / Fetus/Neonate
Searching for indicator fetus:
(return to top)
p.000069: SEVENTH.- The Ministry of Public Health will implement within a period of no more than 360 days a
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 42
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Genetic Research Unit in which comparative examinations of
p.000069: the patterns of bands or sequences of deoxyribonucleic acid (DNA).
p.000069: EIGHTH.- Within a period of one hundred and eighty days from the approval of this law, the municipalities that have not created
p.000069: the Rights Protection Boards will have the obligation to do so. Failure to comply will lead to
p.000069: corresponding action by the State Comptroller General.
p.000069: FINAL DISPOSITION
p.000069: FIRST: Title V of the Second Book "On the Right to Food" of the Children's Code is repealed and
p.000069: Adolescence, published in the Official Registry No. 737 of January 3, 2003.
p.000069: TITLE VI
p.000069: ON THE RIGHT OF PREGNANT WOMEN TO FOOD
p.000069: Art. 148.- Content.- The pregnant woman has the right, from the moment of conception, to food for the
p.000069: attention to their needs for food, health, clothing, housing, childbirth, postpartum care, and during the
p.000069: lactation period for a period of twelve months from the birth of the son or daughter; if the creature dies in
p.000069: the mother's womb, or the boy or girl dies after childbirth, the protection to the mother will subsist for up to a period
p.000069: not more than twelve months from the death of the fetus or the boy or girl.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 61, 62, 233
p.000069: Jurisprudence:
p.000069: Judicial Gazette, SPECIAL SUMMARY PRENATAL FOOD TRIAL, May 28, 2012
p.000069: Art. 149.- Obligations to provide alimony.- The father of the child or
p.000069: girl, the alleged father in the case of article 131, and the other persons indicated in article 129.
p.000069: If the paternity of the defendant is not legally established, the Judge may decree the maintenance payment,
p.000069: provisional and definitive, since in the process there are tests that provide precise indications, sufficient
p.000069: and concordant to reach a conviction about the paternity or maternity of the defendant.
p.000069: Once the birth has occurred, the parties may request the biological tests referred to in the
p.000069: Article 131, with the consequences indicated in the same article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 253, 276, 355
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Art. 150.- Applicable regulations.- Regarding the order of the obligated parties, criteria and ways of fixing this
p.000069: benefit, constraints, precautionary measures, subsidies, competition, procedure and more compatible with the nature of
p.000069: this right, the rules on the right to maintenance in favor of the child or in favor of the pregnant mother will apply
p.000069: daughter.
p.000069: TITLE VII
p.000069: OF ADOPTION
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 43
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Chapter I
p.000069: General rules
...
Social / Incarcerated
Searching for indicator liberty:
(return to top)
p.000069: separated by any circumstance, except that the
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 4
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: coexistence or relationship affect their rights and guarantees.
p.000069: They will not be deprived of this right due to lack or scarcity of economic resources of their parents.
p.000069: In cases of ignorance of the whereabouts of the father, mother, or both, the State, relatives and others
p.000069: People who have information about it, must provide it and offer the facilities to locate them.
p.000069: Art. 22.- Right to have a family and family coexistence.- Children and adolescents have the right to
p.000069: live and develop in your biological family. The State, society and the family must adopt as a priority
p.000069: appropriate measures that allow their permanence in said family.
p.000069: Exceptionally, when this is impossible or contrary to their best interests, children and adolescents
p.000069: they have the right to another family, in accordance with the law.
p.000069: In all cases, the family must provide them with a climate of affection and understanding that allows respect for their
p.000069: rights and their integral development.
p.000069: Institutional fostering, preventive detention, deprivation of liberty or any other
p.000069: A solution that distracts them from the family environment, should be applied as the last and exceptional measure.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67, 69
p.000069: Art. 23.- Prenatal protection.- The application of penalties and custodial measures to women will be replaced.
p.000069: pregnant until ninety days after delivery, and the judge must order the precautionary measures that are appropriate.
p.000069: The Judge may extend this term in the case of mothers of children with severe disabilities and qualified by the body
p.000069: relevant, for as long as necessary, according to the needs of the child.
p.000069: The person responsible for the application of this rule that violates this prohibition or allows another to
p.000069: contravenes, will be sanctioned in the manner provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248 CIVIL CODE (BOOK I), Arts. 61
p.000069: Art. 24.- Right to breastfeeding.- Boys and girls have the right to breastfeeding to ensure their
p.000069: affective bond with his mother, adequate nutrition, growth and development.
p.000069: It is the obligation of public and private health establishments to develop stimulation programs for
p.000069: breastfeeding.
...
p.000069: shows that have been rated as inconvenient for their age.
p.000069: Public shows suitable for children and adolescents will enjoy a special regime regarding
p.000069: taxes and fiscal and municipal contributions, which will be regulated by the respective authorities. Whether
p.000069: have organized exclusively for the benefit of protection establishments, they will enjoy tax exemption.
p.000069: In the shows referred to in the previous article, they will be admitted free of charge and
p.000069: children and adolescents belonging to protection establishments are compulsory.
p.000069: The companies responsible for the shows must offer the necessary safeguards and guarantee the
p.000069: measures in case of accident.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Chapter IV
p.000069: Protection rights
p.000069: Art. 50.- Right to personal integrity.- Children and adolescents have the right to have their
p.000069: personal, physical, psychological, cultural, emotional and sexual integrity. They may not be subjected to torture,
p.000069: cruel and degrading treatment.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 51.- Right to personal liberty, dignity, reputation, honor and image.- Children and adolescents have
p.000069: right to respect:
p.000069: a) Your freedom, with no limitations other than those established by law. Parents and those responsible for their care
p.000069: they will guide them in the exercise of this right; and,
p.000069: b) Their dignity, self-esteem, honor, reputation and self-image. They should be provided with warm and good relationships
p.000069: treatment based on the recognition of their dignity and respect for differences.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 13
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 52.- Prohibitions related to the right to dignity and image. It's prohibited:
p.000069: 1. The participation of children and adolescents in programs, advertising messages, in productions of
p.000069: pornographic content and in shows whose content is inappropriate for their age;
p.000069: 2. The use of children or adolescents in programs or shows of political proselytizing or
p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
...
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
p.000069: require; and the provision of early stimulation, rehabilitation, preparation for
p.000069: work, recreation and other necessary activities, which will be free for children and adolescents whose
p.000069: parents or caregivers are unable to pay for them.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46, 47
p.000069: Art. 56.- Right of children of persons deprived of liberty.- Children; girls and adolescents who do not enjoy
p.000069: of their family environment because one or both parents are deprived of their liberty, they must receive
p.000069: special protection and assistance from the State, outside the rehabilitation centers, through modalities
p.000069: of care that ensure their right to family and community coexistence and to direct personal relationships and
p.000069: regular with their parents.
p.000069: Art. 57.- Right to special protection in cases of disasters and armed conflicts.- Boys, girls and
p.000069: adolescents have the right to special protection in cases of natural disasters and armed conflict
p.000069: internal or international. This protection will be expressed, among other measures, in the priority provision of means of
p.000069: evacuation of affected areas, accommodation, food, medical care and medicines.
p.000069: The State guarantees unrestricted respect for the rules of international humanitarian law in favor of
p.000069: the children and adolescents referred to in this article; and will assure the resources, means and mechanisms
p.000069: so that they reintegrate into social life with the fullness of their rights and duties.
p.000069: It is prohibited to recruit or allow the direct participation of children and adolescents in internal armed hostilities.
p.000069: and international.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 42, 46
...
p.000069: In cases of refusal, absence or incapacity of the father or mother, the other may request it from the Judge, who
p.000069: will grant or deny, with knowledge of the cause, within a period not exceeding fifteen days.
p.000069: Art. 111.- Limitation of parental authority.- When advised by the best interests of the son or daughter, the Judge may
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
p.000069: 5. Alcoholism and dependence on narcotic or psychotropic substances, which endanger development
p.000069: integral of the son or daughter; and,
p.000069: 6. When inciting, causing or allowing the minor to execute acts that violate his physical or moral integrity.
p.000069: Once the cause that motivated the suspension has disappeared, the affected parent may request the Judge to
p.000069: restitution of parental authority.
p.000069: Parental authority with respect to one of the parents suspended; will be exercised by the other who does not
p.000069: find disabled. If both are, a guardian will be given to the son or daughter.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
...
p.000069: of the Judiciary and this in turn will forward the list to the Superintendency of Banks and
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 37
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Insurance for the incorporation of debtors in the Registry System or Risk Center.
p.000069: Once the obligation has been canceled, the judge will order both the Judicial Council and the
p.000069: Superintendency of Banks deletion of the registry.
p.000069: Art. 21.- Disabilities of the maintenance debtor.- The father or mother who owes two or more maintenance pensions,
p.000069: as long as you do not cancel the expired obligations, you will be disabled to:
p.000069: a) Be a candidate for any dignity of popular election;
p.000069: b) Hold public office for which he / she has been selected in a public competition or by appointment;
p.000069: c) Dispose of movable or immovable property, unless the benefits are directly for the payment of alimony due,
p.000069: in which case judicial authorization will be required; and,
p.000069: d) Provide collateral or mortgage guarantees.
p.000069: Art. 22.- Personal award.- In case the father or mother fails to pay two or more pensions
p.000069: food, the Judge at the request of a party and after verification by the certification of the respective entity
p.000069: financial or non-payment, and will provide personal pressure for up to 30 days and the prohibition of leaving the country. In
p.000069: In case of recidivism, the personal pressure will extend for 60 more days and up to a maximum of 180 days.
p.000069: In the same resolution in which the deprivation of liberty is ordered, the Judge will order the search
p.000069: of the place where the debtor is, as long as the affidavit on concealment precedes
p.000069: of the obligor / s, by the party requesting said measure.
p.000069: Prior to ordering the release of the delinquent feeder, the Judge who knew the case, will carry out the
p.000069: liquidation of all due and will receive payment in cash or certified check. Paid
p.000069: the entire obligation, the judge will order immediate release.
p.000069: Without prejudice to the provisions of this article, the Judge may execute the payment against the others
p.000069: forced.
p.000069: A similar procedure will be followed when the obligor has stopped paying two or more obligations assumed by
p.000069: conciliation agreements.
p.000069: Art. 23.- Personal compulsion to the obligated subsidiaries.- The judge will order the personal compulsion of the
p.000069: required subsidiaries that having been cited with the demand for food, under the provisions of law,
p.000069: have not complied with their payment obligation as provided in this law.
p.000069: Art. 24.- Other precautionary measures for the obligated subsidiaries.- The prohibition of leaving the country like the others
p.000069: Real precautionary measures provided for in this law, will be imposed on the obligated subsidiaries
p.000069: provided they have been legally summoned with the lawsuit and under legal provisions.
p.000069: Art. 25.- Prohibition of leaving the country.- At the request of the party, in the first order, the judge
p.000069: decree without prior notification, the prohibition to leave the national territory, which
p.000069: will immediately notify the National Directorate of Migration.
p.000069: Art. 26.- Real precautionary measures.- In order to ensure the payment of alimony, the Judge may order
...
p.000061: family, education; health, nutrition, housing, parental employment and social security, among
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
p.000061: of the rights of children and adolescents must contemplate the coordinated action of all entities
p.000061: responsible, at national and local level, in order to optimize the resources and efforts that are made.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 46
p.000061: TITLE III
p.000061: POLICY DEFINITION, PLANNING, CONTROL AND EVALUATION AGENCIES
p.000061: Art. 194.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 195.- Functions of the National Council.- Corresponds to the Ministry in charge of matters of economic inclusion and
p.000061: Social:
...
p.000061: 3. Those responsible for establishments and shows, public or private, that admit boys, girls and
p.000061: teens to shows and shows not rated as age-appropriate; and,
p.000061: 4. People who promote or allow any form of participation, public or private, of children,
p.000061: girls and adolescents in programs, commercial messages and shows whose content is inappropriate for their age.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 251.- Infractions against the right to privacy and image.- They will be sanctioned with a fine
p.000061: indicated in article 248:
p.000061: 1. The media, those responsible for programming or editing, and journalists, who disseminate
p.000061: information that allows or enables the identification of a teenager involved in criminal prosecution, or
p.000061: from their relatives;
p.000061: 2. The media and persons indicated in the previous numeral, that publish or exhibit reports, voice or image or any
p.000061: data or information that allows the identification of a child or adolescent who has been the object of any form of
p.000061: sexual abuse or maltreatment;
p.000061: 3. Public officials who by any means, directly or indirectly, do or allow them to be done
p.000061: public the police or judicial records of the adolescents that have been investigated,
p.000061: prosecuted or deprived of their liberty for a criminal offense, in contravention of the provisions
p.000061: by article 53;
p.000061: 4. Those who use the image of a child or adolescent in any means of communication or advertising resource
p.000061: without the express authorization of the latter or his legal representative; and,
p.000061: 5. Natural or legal persons who distort, ridicule or exploit through any means the image of
p.000061: children or adolescents with disabilities.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 252.- Infractions related to adoption.- They will be sanctioned with the fine indicated in the article
p.000061: 248:
p.000061: 1. Those who condition consent for adoption to any consideration of a character
p.000061: economic; and,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 67
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 2. The tutor who adopts his pupil without having previously approved the accounts of his administration.
p.000061: Article 253.- Other infractions sanctioned with a fine.- They will be sanctioned with the fine indicated in article 248:
p.000061: 1. The directors of health facilities that deny the provision of emergency medical services to a
p.000061: boy, girl or adolescent; or the safe stay of a newborn with his mother; or that in any way
p.000061: breaches the obligations described in article 30, if it does not result in death or serious and permanent damage
p.000061: for health, the child, adolescent or mother;
...
p.000061: Art. 301.- Of the sources of resources.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 302.- Of municipal funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 303.- Of the administration of the funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Article 304.- Of the sources of resources of the municipal funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: BOOK FOUR
p.000061: RESPONSIBILITY OF THE ADOLESCENT OFFENDER
p.000061: TITLE I
p.000061: GENERAL DISPOSITION
p.000061: Art. 305.- Unimputability of adolescents.- Adolescents are criminally imputable and, therefore,
p.000061: they will not be judged by ordinary criminal judges nor will the sanctions provided for in the criminal laws be applied to them.
p.000061: Art. 305-A.- Verification of age and identity. The verification of the age and identity of the
p.000061: adolescents will be held before the first hearing, for which they will resort to:
p.000061: 1. Any public identification document; or,
p.000061: 2. The pertinent scientific evidence carried out by an expert.
p.000061: In case of adolescent refusal to carry out the scientific test, the prosecutor will request a court order to
p.000061: the practice of expertise guaranteeing due process.
p.000061: In no case will the deprivation of liberty be decreed for the purposes of verifying age or identity.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 306.- Responsibility of adolescents.- Adolescents who commit offenses typified in the
p.000061: Organic Comprehensive Criminal Code will be subject to socio-educational measures for their responsibility in accordance with the
p.000061: precepts of this Code.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 78
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 307.- Non-imputability and exemption of responsibility of boys and girls.- Boys and girls are absolutely
p.000061: they are not imputable and neither are they responsible; therefore, they are not subject to judgment or
p.000061: socio - educational measures contemplated in this Code.
p.000061: If a boy or girl is surprised in cases that may be considered flagrancy according to the article
p.000061: 326, will be delivered to their legal representatives and, if they do not have them, to a service entity. It's prohibited
p.000061: his detention and preventive internment.
p.000061: When the need to take protective measures arises from the circumstances of the case, these will be taken
p.000061: respecting the conditions and requirements of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000061: Art. 308.- Principle of legality.- Adolescents may only be tried for acts considered
...
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 251 CONSTITUTION OF
p.000061: THE REPUBLIC OF ECUADOR, Arts. 66
p.000061: Art. 318.- Guarantees of due process and challenge.- They are recognized in favor of the adolescent
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 81
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: all the guarantees of due process have been tried.
p.000061: The judicial resolutions are challengeable before the superior and the socio-educational measures applied
p.000061: are subject to revision, in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 319.- Proportionality guarantees.- The offending adolescent is guaranteed the due
p.000061: proportionality between the attributed offense and the socio-educational measure applied.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 320.- Judged thing.- Any form of termination of the process prevents a new
p.000061: investigation or prosecution for the same fact, even if its legal qualification is modified or known
p.000061: new circumstances. Consequently, no adolescent may be tried more than once for the same cause.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 321.- Exceptional deprivation of liberty:
p.000061: The deprivation of freedom of the adolescent will only be ordered as a last resort, by written order of the Judge
p.000061: competent, in cases, for time and with the formalities prescribed by law. The internment
p.000061: preventive may be revoked at any stage of the process, ex officio or at the request of a party.
p.000061: Art. 322.- Separation of adults.- The adolescent who is detained, interned
p.000061: preventively or complying with a measure of deprivation of liberty, will do so in centers
p.000061: specialists who ensure their separation from adults also detained.
p.000061: TITLE III
p.000061: OF PRECAUTIONARY MEASURES
p.000061: Art. 323.- Object.- Precautionary measures are intended to ensure the adolescent's immediacy with the process and
p.000061: your eventual civil liability or that of your representative. These measures are of restrictive application. It's prohibited
p.000061: impose precautionary measures not provided for in this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 324.- Precautionary measures of a personal nature.- The Judge may order the following precautionary measures
p.000061: of a personal nature:
p.000061: 1. The adolescent's permanence in his own home, with the vigilance that the Judge provides;
p.000061: 2. The obligation to submit to the care of a care person or entity, who will inform
p.000061: regularly to the judge about the adolescent's behavior;
p.000061: 3. The obligation to appear before the Judge with the periodicity that the latter orders;
p.000061: 4. The prohibition to be absent from the country or town indicated by the Judge;
p.000061: 5. The prohibition to attend the places or meetings determined by the Judge;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 82
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 6. The prohibition to communicate with certain people that the Judge indicates, provided that this does not affect their right to
p.000061: family environment and adequate defense; and,
p.000061: 7. Deprivation of liberty, in the exceptional cases indicated in the following articles.
p.000061: Art. 325.- Conditions for the precautionary measure of deprivation of liberty.- To ensure immediate
p.000061: of the adolescent with the process, he may proceed to his detention or his preventive internment, with attachment to
p.000061: the following rules:
p.000061: 1. Detention only proceeds in the cases of articles 328 and 329, by written and motivated order of a competent judge;
p.000061: 2. Adolescents deprived of liberty will be taken to adolescent detention centers
p.000061: offenders who guarantee their safety, well-being and rehabilitation;
p.000061: 3. Any form of solitary confinement for a teenager deprived of liberty is prohibited; and,
p.000061: 4. In any case of deprivation of liberty, the age of the person affected must be verified and, in cases of doubt, it will be applied
p.000061: the presumption of article 5 and will be subject to the provisions of this Code until said presumption is destroyed
p.000061: according to law.
p.000061: The official who contravenes the provisions of this article will be removed from office by the
p.000061: corresponding authority.
p.000061: Art. 326.- Reasons for apprehension.- Police officers and anyone can apprehend a teenager:
p.000061: a) When he is caught in flagrant infraction of public action. There is flagrancy when it is apprehended
p.000061: to the author at the same moment of the commission of the offense or immediately after its commission, if it is
p.000061: apprehended with weapons, instruments, prints or documents related to the offense just committed;
p.000061: b) When you have escaped from a specialized detention center in which you were complying with a partner measure -
p.000061: educational; and,
p.000061: c) When the competent Judge has ordered the deprivation of liberty.
p.000061: No adolescent may be detained without a trial formula for more than twenty-four hours. Elapsed
p.000061: said period without being resolved on his arrest, the Coordinator or person in charge of the Internment Center will set it
p.000061: immediately released.
p.000061: No child may be detained, even in the event of a flagrant offense. In this event, it must be delivered from
p.000061: immediately to their legal representatives and, if they do not have them, to a service entity. It is prohibited to receive a child in a
p.000061: Internment Center; and if in fact it happens, the Center Coordinator will be removed from his post.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 327.- Procedure in cases of apprehension.- In the cases of the previous article, if the apprehension
p.000061: of the adolescent is carried out by police officers, they must immediately send it to the
p.000061: Prosecutor for Teenage Offenders with a detailed report on the circumstances of the arrest, the
p.000061: material evidences and the identification of the possible witnesses and of the apprehensors.
p.000061: When it has been practiced by any other person, it must be delivered immediately to the police unit or agent
p.000061: closest, those that will proceed in the manner indicated in the previous paragraph.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 83
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: If the detainee shows signs of physical abuse, the Prosecutor will order his transfer to a
p.000061: health facility and will open the investigation to determine the cause and type of injuries and those responsible.
p.000061: When the fact that motivated the adolescent's deprivation of liberty is not classified as an offense
p.000061: By the Comprehensive Organic Penal Code, the Prosecutor will immediately release him.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 8 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 328.- Detention for investigation.- The competent Judge may order the detention, for up to twenty-four hours,
p.000061: of an adolescent against whom there are reasonable presumptions of responsibility for illegal acts, when
p.000061: requested by the Prosecutor, in order to investigate a public action violation and justify that it is
p.000061: the presence of the adolescent is essential for this.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 329.- Detention to ensure the appearance.- The Prosecutor may request the Judge to order the arrest of a
p.000061: adolescent, for up to twenty-four hours, to ensure their appearance at the trial hearing.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 330.- Preventive internment.- The judge may only order the preventive internment of an adolescent in
p.000061: the following cases, provided there are sufficient indications of the existence of an infringement of public action
p.000061: and its authorship and complicity in the infraction investigated:
p.000061: a) Of the adolescents who do not turn fourteen years of age, in the trial of theft crimes with the result of
p.000061: death, homicide, murder, femicide, hit man, rape, extortive kidnapping, genocide, against humanity and
p.000061: organized crime.
p.000061: b) Of the adolescents who turn fourteen years old, in the trial of crimes sanctioned in the Organic Code
p.000061: Integral Penal with deprivation of liberty of more than five years.
p.000061: The preventive internment can be revoked at any time, ex officio or at the request of a party.
p.000061: Note: Literals a) and b) replaced by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 331.- Duration of the preventive internment.- The preventive internment may not exceed ninety days,
p.000061: after which the official responsible for the establishment in which he has been interned, will release the
p.000061: teenager immediately and without the need for a prior court order.
p.000061: Failure to comply with this provision by said official will be sanctioned with dismissal
p.000061: of the position, without prejudice to his criminal and civil liability.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 84
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 332.- Precautionary measures of patrimonial order.- To ensure civil liability, the Judge may order the
p.000061: kidnapping, retention or prohibition of alienating assets of the adolescent's professional property, in accordance with
p.000061: the law; or their legal representatives or people in charge of their care, in the terms of the Civil Code referring to
p.000061: bail.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 96, 422, 426, 427, 897, 900, 906, 907
p.000061: Art. 333.- Civil liability.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461, 1467, 1483, 1572
p.000061: TITLE IV
p.000061: OF THE JUDGMENT OF OFFENSES
...
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: Art. 338.- Offended in crimes of public criminal action.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 339.-Note: Article repealed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Chapter II
p.000061: Stages of judgment
p.000061: Art. 340.- Stages.- The process for judging the adolescent has these stages:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 86
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Instruction.
p.000061: 2. Evaluation and Trial Preparation.
p.000061: 3. Judgment.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: First Section
p.000061: Prior Research and Instruction
p.000061: Note: Denomination of section title replaced by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 341.- Knowledge and initiation of the investigation.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 342.- Previous investigation. Before starting the investigation, the prosecutor may investigate the facts that
p.000061: Any means come to your attention in which the participation of a teenager is presumed.
p.000061: The previous investigation will not exceed four months in crimes punishable by deprivation of liberty of
p.000061: up to five years, or eight months in those sanctioned with a sentence of more than five years.
p.000061: Once the indicated periods have elapsed, the prosecutor, within a period of ten days, will carry out the criminal action or
p.000061: will file the cause, and in case of not doing so, said omission will be considered as a minor infraction according to the Code
p.000061: Organic of the Judicial Function.
p.000061: Within the periods established for the investigation, the prosecutor will request the competent judge to indicate the day and time
p.000061: for the charge hearing, provided there are sufficient elements.
p.000061: The charge formulation hearing will take place in accordance with the rules of the Organic Code
p.000061: Comprehensive Criminal Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 342-A.- Hearing of flagrancy rating. In flagrant infringement cases, within twenty-four
p.000061: hours since the apprehension took place, the oral hearing will be held before the competent judge, in
p.000061: which will be classified as flagrant and the legality of the apprehension. The prosecutor will file charges and, if applicable
p.000061: request the precautionary and protective measures that the case warrants.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 342-B.- Mental disorder. The adolescent with permanent or transient mental disorder and committing a
...
p.000061: 1. The detailed relationship of the facts and the determination of the criminal type.
p.000061: 2. The socio-educational measure of orientation and psycho-family partner support.
p.000061: 3. The repair of the damage caused, if applicable.
p.000061: 4. The conditions or terms of the agreed obligations, which cannot be less than a quarter of the time of
p.000061: the possible measure to be applied in case of being responsible for the crime and will never be greater than a third of the
p.000061: same.
p.000061: 5. The name of the institution responsible for providing psycho-family counseling or support and the reasons why
p.000061: justify.
p.000061: 6. The adolescent's obligation to inform the prosecutor of changes in the residence, workplace or educational center.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 350.- Fulfillment of the agreed obligations.- If the adolescent fulfills the obligations
p.000061: agreed, the Prosecutor will request the Judge to file the case, otherwise he will request that the process of
p.000061: judgment.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 351.- Referral with judicial authorization. It is possible to refer in the infractions sanctioned with penalties
p.000061: deprivation of liberty of up to five years, when the following requirements are met:
p.000061: 1. That the adolescent's consent is available.
p.000061: 2. That the adolescent has not been imposed a socio-educational measure or previous remission for a crime of equal or
p.000061: increased severity.
p.000061: For the referral, the adolescent will be taken to any psycho-family counseling and support program,
p.000061: community services or assisted freedom.
p.000061: The referral does not imply the recognition of the infraction by the adolescent and extinguishes the
p.000061: process as long as the program is fully complied with.
p.000061: The judge may grant the referral of the case at the request of the prosecutor or the adolescent. The petition will be proposed in the
p.000061: evaluation hearing and trial preparation. If the victim attends the hearing, they will be heard by
p.000061: the judge.
p.000061: The order granting the referral will contain the detailed account of the facts and the grounds
p.000061: legal; the determination of the orientation program to which he is sent and its duration.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 91
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 352.- Tax remission. If the investigated infringement is one of those sanctioned with a custodial sentence of
...
p.000061: Specialized in Children and Adolescents and the National Directorate of Migration.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-B.- Time of the socio-educational measure.- The judge specialized in offending adolescents
p.000061: will determine precisely the time and mode of the socio-educational measure that the adolescent should
p.000061: comply.
p.000061: For the purposes of computing the sanction, they count every day of the year. It is understood that the day is twenty-four hours and
p.000061: the month thirty days. The duration of the preventive internment will be computed to the socio-educational measure. When in
p.000061: the preventive internment expires the time provided in the socio-educational measure, the judge will declare it
p.000061: extinguished and will order the immediate release of the adolescent, without the need for another document or requirement
p.000061: for it to become effective.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-C.- Opportunity to execute the socio-educational measure.- The socio-educational measure will be met a
p.000061: once the sentence is executed.
p.000061: No pregnant adolescent, whatever their gestation period, may be deprived of their liberty or be
p.000061: notified with sentence, but ninety days after delivery.
p.000061: In no case will socio-educational deprivation of liberty measures be applied to adolescents who have
p.000061: permanent total disability that limits their performance.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-D.- Reparation in the sentence.- Every condemnatory sentence will contemplate the imposition of one or more
p.000061: conditions for the comprehensive reparation of the victim, in accordance with the following rules:
p.000061: 1. The victim must be identified and does not require having actively participated in the process.
p.000061: 2. Reparation will be discussed at the trial hearing.
p.000061: 3. If there is more than one person responsible, the judge will determine the type of reparation based on the circumstances.
p.000061: of the offense and the degree of participation as an author or accomplice, and if the crime was intentionally committed or
p.000061: guilty.
p.000061: 4. In the cases in which the victims are repaired for actions of a constitutional nature, the
p.000061: The judge will refrain from applying as a sanction the judicially determined forms of reparation.
p.000061: 5. If the repair is quantifiable in money, the necessary justification is required to fix the amount.
p.000061: 6. The obligation to make monetary reparation to the victim has first-class privilege over others.
p.000061: adolescent obligations. The judge will use the mechanisms provided by law for debt collection.
p.000061: 7. The judge may determine the payment methods, if they voluntarily accept the convicted adolescent and the
p.000061: victim.
...
p.000061: CHAPTER I COMMON PROVISIONS
p.000061: Note: Title with its chapters and articles added by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 370.- Scope.- The regime of socio-educational measures imposed on adolescents is applied by committing
p.000061: of criminal offenses typified in the Organic Comprehensive Criminal Code in accordance with article 319
p.000061: of this code.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 371.- Purpose of the socio-educational measures.- The socio-educational measures are intended to
p.000061: protection and development of adolescent offenders, guarantee their education, family integration and
p.000061: constructive inclusion to society, as well as promoting the exercise of the other rights of the
p.000061: person in accordance with the Constitution, international instruments ratified by Ecuador and this
p.000061: Book.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 372.- Classes of socio-educational measures.- The socio-educational measures are:
p.000061: 1. Deprivation of liberty.
p.000061: 2. Not custodial.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 373.- Appreciation of age.- For the imposition of socio-educational measures, the
p.000061: age of the adolescent at the date of the offense.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 374.- Competent authority.- Judges specialized in offending adolescents are competent
p.000061: for the jurisdictional control of the execution of the socio-educational measures that are applied.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 375.- Assistance after the fulfillment of the socio-educational measure.- The State through
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 98
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: The different public institutions are responsible for providing adolescents with social assistance and
p.000061: psychological after compliance with the socio-educational measure, by entities
p.000061: specialized, whose monitoring and evaluation corresponds to the Ministry in charge of justice and
p.000061: human rights, according to the time it deems necessary.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
...
p.002014: legal representatives or those responsible for your care, to participate in family counseling and support programs to
p.002014: achieve adolescent adaptation to their family and social environment.
p.002014: CODE OF CHILDHOOD AND ADOLESCENCE - Page 99
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 4. Service to the community: they are concrete activities of community benefit imposed by the judge,
p.002014: so that the adolescent can carry them out without undermining their integrity and dignity, or affecting their
p.002014: academic or work obligations, taking into account their age, aptitudes, abilities and skills,
p.002014: and the socio-educational benefit they report.
p.002014: 5. Assisted freedom: is the state of freedom conditioned on compliance with guidelines and restrictions
p.002014: of conduct set by the judge, subject to guidance, assistance, supervision and evaluation,
p.002014: forcing the adolescent to comply with educational programs, receive orientation and follow-up, with the
p.002014: assistance from specialists and people with knowledge or skills in the treatment of adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Jurisprudence:
p.002014: Judicial Gazette, TRIAL FOR QUALIFIED THEFT, Apr 26, 2012
p.002014: Art. 379.- Socio-educational measures depriving liberty.- The socio-educational measures depriving liberty are:
p.002014: 1. Home internment: it is the partial restriction of freedom by which the adolescent does not
p.002014: You can leave your home, except to attend the establishment of studies, health and work.
p.002014: 2. Weekend confinement: is the partial restriction of liberty by virtue of which the
p.002014: adolescent will be required to attend weekends at the Center for Teenage Offenders, allowing him
p.002014: maintain family relationships and normally go to the establishment of studies or work.
p.002014: 3. Internment with a semi-open regime: it is the partial restriction of freedom by which the
p.002014: adolescent enters a center for offending adolescents, without impeding their right to attend
p.002014: usually to the study or work establishment.
p.002014: 4. Institutional Internment: it is the total deprivation of the freedom of the adolescent, who enters a Center of
p.002014: Teenage offenders, without prejudice to the application of the programs established for their treatment.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Jurisprudence:
p.002014: Judicial Gazette, INJURIES, Mar 29, 2012 Judicial Gazette, MURDER, Apr 2, 2012
p.002014: Judicial Gazette, QUALIFIED THEFT, Nov 26, 2012
p.002014: CHAPTER IV
p.002014: REGIMES FOR THE EXECUTION OF SOCIO-EDUCATIONAL MEASURES PRIVATIVE OF FREEDOM
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 380.- Regimes of execution of the socio-educational measure of Institutional Internment.- The execution of the
p.002014: Socio-educational measure of institutional internment, will be carried out under the following regimes:
p.002014: 1. Closed.
p.002014: 2. Half open.
p.002014: 3. Open.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 100
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: An adolescent may move from one regime to another, by order of the judge, due to compliance
p.002014: progressive individualized plan of application of the socio-educational measure, the number of absences
p.002014: disciplinary committed, and the time completed of the socio-educational measure, in accordance with the requirements
p.002014: established in this Code.
p.002014: In the aforementioned regimes, the individual plan for applying the measure will be drawn up
p.002014: socio-educational and its execution, in the closed and semi-open regimes its location will also be regulated
p.002014: population.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 381.- Closed regime.- Consists of the full-time placement of the offending adolescent in a
p.002014: Center for the fulfillment of the deprivation of liberty socio-educational measure.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 382.- Semi-open regime.- Consists of the execution of the socio-educational measure in a Teen Center
p.002014: offenders, with the possibility of being absent for reasons of education or work. In addition, activities of
p.002014: family, social and community insertion.
p.002014: In case of non-compliance with the regime, the adolescent will be declared a fugitive.
p.002014: If sixty percent of the imposed socio-educational measure is met, the detention may be modified
p.002014: Institutional closed for the internment with semi-open regime or weekend internment.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 383.- Open regime.- It is the period of social inclusion in which the adolescent will coexist in their social environment
p.002014: in which the adolescent will live in his family and social environment supervised by the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: This regime can be revoked by the judge, at the request of the Center Coordinator when there is reason for it, in
p.002014: consideration of technical team reports.
p.002014: In case of breach of this regime without sufficient and proven justification, in addition to the revocation of
...
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 386.- Request to apply or modify the execution regimes.- The judge
p.002014: specialized in adolescent offenders will process the application or modification request in a hearing
p.002014: of the regime of execution of the socio-educational measure of internment.
p.002014: The modification is applied after the presentation of the reports issued by the technical team of the
p.002014: Teenage offenders where he is complying with the measure.
p.002014: The request will be submitted by the offending adolescent, their public or private defender or by the
p.002014: Coordinator of the Center, if it meets the scheduled time for each execution regime.
p.002014: The adolescent, his legal representatives or those responsible for his care and his
p.002014: public or private defender.
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p.002014: eSilec Professional - www.lexis.com.ec
p.002014: The Center Coordinator, based on the motivated reports of the technical team, may request the Judge to
p.002014: revocation of a modification granted. Before deciding, the Judge will listen to the adolescent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 387.- Non-compliance with socio-educational measures.- In case of non-compliance with the socio-educational measures of
p.002014: imposition of rules of conduct, counseling and psycho-family partner support or community service, the
p.002014: Judge will impose the measure of assisted liberty or home confinement for the remaining time of the
p.002014: initial measure.
p.002014: In case of non-compliance with the socio-educational measures of assisted freedom, home internment,
p.002014: weekend internment and semi-open internment, the judge will impose the measure
p.002014: immediately superior socio-educational for the remaining time of the initial measurement.
p.002014: When the teenager runs away from the establishment, he will be prosecuted for the crime of evasion, without prejudice
p.002014: that when apprehended again the missing time of the initial measure will be fulfilled.
p.002014: The Coordinator will present to the judge the reports of non-compliance with the measure, issued by the technical team of the
p.002014: Center for adolescent offenders or the zonal Unit for the comprehensive development of adolescent offenders, who then
p.002014: if this non-compliance is duly verified for reasons attributable to the adolescent, the superior measure will be imposed.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 388.- Continuity of compliance with socio-educational measures for adults.
p.002014: sentenced upon reaching the age of majority will continue with the imposed socio-educational measure. If it is a
p.002014: deprivation of liberty socio-educational measure, will remain in a special section in the same
p.002014: Teenage offenders.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 389.- Emerging exits.- The adolescent is guaranteed emergent exit from the center of
p.002014: institutional internment for:
p.002014: a) Receive specialized medical attention, when it cannot be provided at the center.
p.002014: b) Attend the burial of their ascendants or descendants in the first degree, their spouse or partner in common law, as well
p.002014: as if to visit them in their bed of serious illness.
p.002014: In these cases, the exits will be carried out under the supervision of the Specialized Police for Children and
p.002014: Adolescence, which will be responsible for returning the adolescent to the center, once the need has been met.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 390.- Comprehensive care model.- Socio-educational measures must be progressively fulfilled according to the
p.002014: individualized program and the guidelines of the comprehensive care model provided by the Regulations issued
p.002014: for its effect.
p.002014: The comprehensive care model is developed on five axes:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 103
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Self-esteem and autonomy: Awareness of responsibility for their actions, their human development will be promoted
...
p.002014: help, orientation and treatment in case of addictions and others.
p.002014: 4. Occupational work: To guarantee quality training that enables the older adolescent
p.002014: of fifteen years develop skills for insertion in the labor market, generating strategies of
p.002014: micro entrepreneurship, training activities will be implemented in different areas.
p.002014: 5. Family or affective ties: To promote the constant bond that benefits family and social reintegration
p.002014: activities will be planned to recover, build, maintain and strengthen the family ties of the
p.002014: adolescent with his family of origin or with those people who created bonds of affection and who are a reference for his
p.002014: lifetime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: TITLE II
p.002014: ADOLESCENT ADOLESCENT CENTERS AND ZONE UNITS FOR INTEGRAL DEVELOPMENT
p.002014: Note: Title added by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: Art. 391.- Instances responsible for compliance with socio-educational measures.- The measures
p.002014: socio-educational is fulfilled in:
p.002014: 1. Teenage offender centers, in which adolescents who have been imposed measures remain
p.002014: precautionary or socio-educational measures involving deprivation of liberty.
p.002014: 2. Zonal units of integral development of adolescent offenders, in which attention is given to those who
p.002014: It imposes on them a socio-educational measure that is not custodial. These units will be in charge of analyzing the
p.002014: adolescent's situation, selecting and assigning the private or public institution that has the program,
p.002014: professionals and necessary equipment that ensures the execution of the non-custodial socio-educational measure.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 392.- Compulsory registration of the offending adolescents.- In the adolescent Centers
p.002014: offenders and in the zonal units of comprehensive development of young offenders, a record of
p.002014: each adolescent in order to facilitate specialized treatment for their comprehensive development. Measures fulfilled
p.002014: imposed socio-educational, this record will be deleted.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 393.- Sections of the offending Teen Centers.- The offending Teen Centers
p.002014: They are separated into the following sections:
p.002014: 1. Section of provisional internment for adolescents who enter as a result of a precautionary measure.
p.002014: 2. Orientation and support section for the fulfillment of socio-educational measures of
p.002014: weekend internment and semi-open regime internment.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 104
p.002014: eSilec Professional - www.lexis.com.ec
...
p.002014: separated.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 394.- Admission.- An adolescent will only enter the Center for adolescent offenders with authority order
p.002014: competent or for having been arrested for a flagrant crime.
p.002014: Teens detained for research will be admitted to an existing temporary reception section
p.002014: throughout the Teenage Offender Center.
p.002014: From the moment the adolescent enters the Center, they will be informed in a clear and simple way about their rights,
p.002014: duties, rules and routines of coexistence in the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 395.- Compulsory health examination.- Adolescents will undergo a medical examination at the time of their admission and
p.002014: of their departure from the centers of adolescent offenders and they will be provided, if necessary, care and treatment
p.002014: doctor.
p.002014: If there are indications of aggression against physical, psychological or sexual integrity, the health professional has the
p.002014: obligation to report this fact to the prosecution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 396.- Internal and external security of the centers of offending adolescents.- Internal security and
p.002014: external of the centers of deprivation of liberty of adolescents, will be the responsibility of the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: External security will be the responsibility of the specialized Police for Children and Adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 397.- Supervision and surveillance.- The specialized personnel responsible for the custody of the
p.002014: adolescents within the Centers and in the transfer, must guarantee their physical integrity, as well as
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 105
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: the safety of the centers and of the people who are in them.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 398.- Transfer.- The Coordinator, the adolescent, his legal representative, curator or person in charge of his care,
p.002014: You can request the Ministry in charge of justice and human rights matters to transfer you to the following
p.002014: cases:
p.002014: 1. Family closeness.
p.002014: 2. Suffering from one or more diseases for which the adolescent is in danger of death.
p.002014: 3. Need for specialized treatment, as a security measure, for a mental disorder, for which it will certify
p.002014: a psychiatrist with his report.
p.002014: 4. Teen or center safety.
p.002014: 5. Overcrowded conditions.
p.002014: Only the adolescent can appeal the transfer decision ordered by the Ministry in charge of the affairs of
p.002014: justice and human rights or their refusal, before the judge of offending adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 399.- Security criteria in the centers of offending adolescents.- The security criteria
p.002014: that are applied in the centers of adolescent offenders are:
p.002014: 1. The discipline based on training programs aimed at developing the skills of the
p.002014: adolescent, enrich their knowledge, improve their technical, professional or occupational skills and
p.002014: make up for its shortcomings.
p.002014: 2. The adolescent's stay in a harmonious place free of coercive measures, always oriented towards
p.002014: family support and therapeutic social care.
p.002014: 3. Education, through compulsory schooling, educational options, physical culture and
p.002014: general instruction and sociocultural and sports activities.
p.002014: 4. Integral health and permanent treatment.
p.002014: 5. The visiting regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER I
p.002014: THE TREATMENT
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 400.- Individual plan of application of the socio-educational measure.- For adolescents at liberty
p.002014: assisted, home hospitalization, weekend hospitalization, hospitalization with semi-open regime and
p.002014: institutional internment, individual plans of application of the socio-educational measure will be elaborated and executed,
p.002014: in accordance with the respective Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 401.- Programs.- The programs carried out in the centers will be framed in the following categories:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 106
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Education program that includes basic and higher, formal and informal instruction that contributes to the development of
p.002014: motor, psycho-affective and cognitive learning abilities and skills, in order to guarantee their access and
p.002014: permanence to the educational system.
p.002014: 2. Program to reduce violence and sexual assault.
p.002014: 3. Physical culture and sports program.
p.002014: 4. Cultural and artistic program.
p.002014: 5. Physical, sexual and mental health program.
p.002014: 6. Program of labor, productive and community service activities.
p.002014: 7. Crafts and plastic arts program.
p.002014: 8. Program that strengthens family ties.
p.002014: 9. Participation and human rights program.
...
p.002014: process and the report of the technical team, will provide the application of control and discipline measures
p.002014: provided in the respective regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 405.- Assistance to the sanctioned adolescent.- The adolescent will be attended periodically by the services
p.002014: doctors, psychology, social work and education, who will monitor their evolution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 406.- Offenses that entail presumptions of criminal responsibility.- In the event that the offenses committed by the
p.002014: adolescents in the centers carry serious presumptions of criminal responsibility, the Center Coordinator
p.002014: will notify the Prosecutor's Office.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 107
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER II VISITATION REGIME
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 407.- Family and social relations.- In order to strengthen or reestablish relations with the
p.002014: family and community, a visiting regime will be guaranteed for the adolescent deprived of liberty.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 408.- Authorized visits.- Teenage offenders deprived of liberty have the right to
p.002014: maintain contact and receive visits. They can refuse to receive certain visits, for which
p.002014: They will deliver to the administration of the Center a list of people not authorized to visit it, which can be
p.002014: modified at verbal request.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 409.- Characteristics of the visiting regime.- Visits will be carried out in an atmosphere that
p.002014: allow privacy and intimacy and be consistent with human dignity, in places and conditions that guarantee the
p.002014: center security.
p.002014: This right will be exercised in equal conditions, without any type of discrimination.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 410.- Visiting hours.- Adolescents receive visits according to the schedule
p.002014: established in the respective Regulation. Visiting in the night hours is prohibited.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 411.- Prohibited objects.- The entry of all kinds of weapons, alcohol and scheduled substances is prohibited.
p.002014: subject to control, telephones or communication equipment or any other instrument that
p.002014: attempt against the security and peace of the Center. Any person who is discovered entering with such objects
p.002014: she will be detained and placed under the orders of the corresponding authorities.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 412.- Intimate visit.- People over eighteen years old have the right to an intimate visit from their partner.
...
p.002014: All the people who participate in the organisms of the System must receive refresher courses and
p.002014: specialization in this Code, which will include its principles, foundations, contents and procedures.
p.002014: Eleventh.- For the resolution of the causes that were in knowledge of the judicial service of
p.002014: minors prior to the entry into force of this code, will be subject to the provisions of the
p.002014: Article 7 of the Civil Code in everything that does not contravene this Code. The new causes will be
p.002014: known and resolved under this Code by the current juvenile justice service, until it is integrated under the
p.002014: new structure in the Judicial Function.
p.002014: Twelfth.- Within a period of thirty days from the effective date of this
p.002014: Code, the attention entities that currently execute or are in charge of programs or projects of attention to
p.002014: childhood and adolescence, they will request their registration in the corresponding canton.
p.002014: Before proceeding to the registration, the respective cantonal council of childhood and adolescence will make an evaluation
p.002014: of the suitability of the applicant, based on the efficiency with which they have fulfilled the programs and
p.002014: projects in your charge.
p.002014: In the event that the relevant organizations have not been integrated at the cantonal level, said registration will be made
p.002014: before the National Council for Children and Adolescents.
p.002014: Thirteenth.- Within sixty days after their possession, the Judges of Childhood and Adolescence
p.002014: They will visit the current detention centers for adolescent offenders in their jurisdiction for the
p.002014: control of the legality of deprivation of liberty.
p.002014: Fourteenth.- The readjustment referred to in article 139 of this Code will apply to
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 113
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: food benefits fixed prior to the entry into force of this Code, within
p.002014: the thirty days following the publication of this Code in the Official Registry.
p.002014: Fifteenth.- The Ministry of Education and Culture is in charge of preparing an edition of this Code with
p.002014: its explanatory statement and an annex with the Convention on the Rights of the Child, in a sufficient number to be
p.002014: distributed free of charge to all students of the public schools and colleges of the Republic, and at cost price
p.002014: to those of private establishment. This order must be executed within a maximum period of one year.
p.002014: Final Art.- This Code will enter into force one hundred eighty days after its publication in the Registry
p.002014: Official.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 114
...
Searching for indicator prison:
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p.000061: process as long as the program is fully complied with.
p.000061: The judge may grant the referral of the case at the request of the prosecutor or the adolescent. The petition will be proposed in the
p.000061: evaluation hearing and trial preparation. If the victim attends the hearing, they will be heard by
p.000061: the judge.
p.000061: The order granting the referral will contain the detailed account of the facts and the grounds
p.000061: legal; the determination of the orientation program to which he is sent and its duration.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 91
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 352.- Tax remission. If the investigated infringement is one of those sanctioned with a custodial sentence of
p.000061: up to two years and if the victim has been remedied for the damages resulting from the offense, the prosecutor
p.000061: may declare the referral of the case and archive the file.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 353.- Intervention of the Judge in cases of remission in crimes sanctioned with a minor correctional prison sentence
p.000061: To one year.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Third Section
p.000061: Assessment hearing and trial preparation
p.000061: Note: Denomination of section title replaced by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 354.- Tax accusation. The prosecutor will request the judge to indicate the day and time for the hearing of
p.000061: evaluation and trial preparation in which it will decide if there are sufficient merits to proceed to the trial of the
p.000061: Teen. This hearing will be held within a minimum period of six and a maximum of ten days from the
p.000061: date of request.
p.000061: The fiscal accusation must meet the requirements set forth in the Organic Comprehensive Criminal Code.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 355.- Call.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 74, 75, 76, 77 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 92
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 356.- Evaluation Hearing and trial preparation. The Assessment Hearing and
...
Social / Infant
Searching for indicator infant:
(return to top)
p.000069: 6. Information and education on the basic principles of prevention in health, sanitation
p.000069: environmental, first aid;
p.000069: 7. Attention with procedures and resources of alternative and traditional medicines;
p.000069: 8. Living and developing in a stable and affective environment that allow them adequate emotional development;
p.000069: 9. Access to services that strengthen the emotional bond between the boy and girl and their mother and father; and,
p.000069: 10. The right of mothers to receive adequate prenatal and postnatal health care.
p.000069: The sale of narcotic drugs, psychotropic substances and others that may cause addiction is prohibited.
p.000069: alcoholic beverages, industrial glues, tobacco, firearms and explosives of any kind, to
p.000069: boys, girls and adolescents.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 43, 45, 46, 360, 362, 363
p.000069: Art. 28.- Responsibility of the State in relation to this right to health.- They are obligations of the State, which
p.000069: through the Ministry of Health:
p.000069: 1. Prepare and implement the policies, plans and programs that favor the enjoyment of the right
p.000069: contemplated in the previous article;
p.000069: 2. Promote the initiatives necessary to expand the coverage and quality of health services, particularly
p.000069: primary health care; and will take appropriate measures to combat maternal and infant mortality,
p.000069: child malnutrition and diseases that affect the child population;
p.000069: 3. Promote interdisciplinary action in the study and early diagnosis of delays in
p.000069: development, so that they receive the appropriate treatment and stimulation;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 6
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 4. Guarantee the provision of free medicine for children and adolescents;
p.000069: 5. Control the application of the complete vaccination schedule;
p.000069: 6. Develop educational programs for parents and other caregivers of children,
p.000069: girls and adolescents, to provide instruction in the basic principles of their health and nutrition, and in the advantages
p.000069: environmental hygiene and sanitation; and,
p.000069: 7. Organize specific care services for children and adolescents with physical, mental or
p.000069: sensory.
p.000069: Art. 29.- Obligations of the parents.- Corresponds to the parents and other persons in charge of the
p.000069: care of children and adolescents, provide health care that is within their reach and ensure the
p.000069: compliance with prescriptions, controls and medical and health provisions.
p.000069: Art. 30.- Obligations of health establishments.- Public and private health establishments,
p.000069: whatever their level, they are required to:
...
Social / Linguistic Proficiency
Searching for indicator language:
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p.000069: more favorable for the enforcement of the rights of children and adolescents.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
p.000069: Art. 8.- Co-responsibility of the State, society and the family.- It is the duty of the State, society and the family,
...
p.000069: If the identity or address of both parents is unknown, the child or adolescent
p.000069: will register by judicial or administrative order, with two names and two surnames in common use in the country. Will be respected
p.000069: the name by which it has been known and your opinion will be taken into account when possible. Registration may be
p.000069: requested by the person in charge of the protection program in charge of the child or by the Protection Board of
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
p.000069: be registered with proper names of the respective language. The Civil Registry authorities have the obligation to
p.000069: register these names without any limitation or objection.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 64 CIVIL CODE (BOOK I), Arts. 60
p.000069: GENERAL LAW OF CIVIL REGISTRY IDENTIFICATION AND IDENTIFICATION, Arts. 32
p.000069: Art. 37.- Right to education.- Children and adolescents have the right to a quality education. East
p.000069: Law demands an educational system that:
p.000069: 1. Guarantee the access and permanence of all boys and girls to basic education, as well as
p.000069: adolescent through high school or its equivalent;
p.000069: 2. Respect the cultures and specificities of each region and place;
p.000069: 3. Consider flexible and alternative educational proposals to meet the needs of all
p.000069: Children and adolescents, with priority for those who have disabilities, work or live in a situation that requires
p.000069: greater opportunities to learn;
p.000069: 4. Ensure that children and adolescents have teachers, teaching materials, laboratories,
p.000069: adequate premises, facilities and resources and enjoy a favorable environment for learning. This right includes
...
p.000069: the more it suits your sons and your daughters.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 28, 45, 66
p.000069: Art. 38.- Objectives of education programs.- Basic and secondary education will ensure knowledge, values ​​and
p.000069: indispensable attitudes for:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 9
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: a) To develop the personality, the aptitudes and the mental and physical capacity of the boy, girl and
p.000069: adolescent to his full potential, in a playful and emotional environment;
p.000069: b) Promote and practice peace, respect for human rights and fundamental freedoms, non-discrimination,
p.000069: tolerance, valuation of diversities, participation, dialogue, autonomy and cooperation;
p.000069: c) Exercise, defend, promote and disseminate the rights of children and adolescents;
p.000069: d) Prepare him to exercise a responsible citizenship, in a free, democratic and solidary society;
p.000069: e) Guide him on the role and responsibility of the family, the equity of his internal relationships, fatherhood and
p.000069: responsible motherhood and health preservation;
p.000069: f) Strengthen respect for their parents and teachers, for their own cultural identity, their language, their values, for
p.000069: national values ​​and those of other peoples and cultures;
p.000069: g) To develop autonomous, critical and creative thinking;
p.000069: h) Training for productive work and for the management of scientific and technical knowledge;
p.000069: and,
p.000069: i) Respect for the environment.
p.000069: Art. 39.- Rights and duties of parents in relation to the right to education.- They are rights and
p.000069: Duties of parents and other responsible for children and adolescents:
p.000069: 1. Enroll them in educational establishments;
p.000069: 2. Select for your children an education according to their principles and beliefs;
p.000069: 3. Actively participate in the development of educational processes;
p.000069: 4. Control the attendance of their sons, daughters or those represented at educational establishments;
p.000069: 5. Actively participate to improve the quality of education;
p.000069: 6. Ensure the maximum use of the educational means provided by the State and society;
p.000069: 7. Monitor the respect of the rights of their sons, daughters or those represented on campus
p.000069: educational; and,
p.000069: 8. Report violations of these rights, to which they are aware.
...
p.000069: 2. The dissemination of inappropriate information for children and adolescents during family hours,
p.000069: nor in publications aimed at the family and children and adolescents; and,
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p.000069: 3. The circulation of any product intended for children and adolescents, with packaging containing
p.000069: inappropriate images, texts or messages for its development.
p.000069: These prohibitions apply to the media, communication systems, advertising companies and programs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19
p.000069: Art. 47.- Guarantees of access to adequate information.- To guarantee the right to information
p.000069: adequate, which is dealt with in the previous article, the State shall:
p.000069: a) Require the media to disseminate information and materials of social and cultural interest
p.000069: for children and adolescents;
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
p.000069: crime, that they have pornographic images or content or that they harm the minor's education; and,
p.000069: g) Require the audiovisual media to announce with sufficient anticipation and sufficient
p.000069: notoriety, the nature of the information and programs they present, and the age rating for their audience.
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
p.000069: messages and programs that incite violence, exploit fear or take advantage of children's lack of maturity,
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p.000061: which is developed, so that the Judge can, according to the rules established in this Code, apply the
p.000061: the most appropriate socio-educational measure to strengthen the adolescent's respect for human rights and
p.000061: fundamental freedoms of third parties, promoting the reintegration of the adolescent and that he assumes a role
p.000061: constructive in society.
p.000061: Art. 310.- Responsibility of adolescents from indigenous communities.- Judgment and application
p.000061: of socio-educational measures for adolescent offenders belonging to communities
p.000061: indigenous, for acts committed in their communities, shall comply with the provisions of this Code.
p.000061: TITLE II
p.000061: OF THE RIGHTS AND GUARANTEES IN THE JUDGMENT
p.000061: Art. 311.- Presumption of innocence.- The innocence of the adolescent is presumed and will be treated as such until the
p.000061: has established in accordance with law, in an enforced resolution, the existence of the punishable act and its responsibility
p.000061: at.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 79
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p.000061: Art. 312.- Right to be informed.- Every adolescent investigated, detained or questioned has the right to
p.000061: be informed immediately, personally and in their mother tongue, or through sign language if there is a deficiency
p.000061: In communication:
p.000061: 1. On the reasons for the investigation, interrogation, arrest, the authority that ordered them, the
p.000061: identity of those who investigate, interrogate or detain him and the actions initiated against him; and,
p.000061: 2. About your right to remain silent, to request the presence of a lawyer and to communicate
p.000061: with a family member or with anyone you indicate.
p.000061: The adolescent will have the free assistance of an interpreter, if he does not understand or speak the
p.000061: language used.
p.000061: In all cases, the legal representatives of the investigated, questioned or detained, will be informed of
p.000061: righ now.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 77
p.000061: Art. 313.- Right to defense.- The adolescent has the right to an adequate professional defense during all
p.000061: instances of the process. When you do not have a private defender, you will be assigned, within a period of
p.000061: twenty-four hours, a specialized public defender, who will assume the case within twenty-four hours
p.000061: following notification of your assignment.
p.000061: The lack of defender will cause the nullity of everything acted in defenselessness.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 314.- Right to be heard and question.- At all stages of the process, the adolescent subjected to trial
p.000061: you have the right:
p.000061: 1. Free and complete access to documents and parts of the process;
p.000061: 2. To be heard in any instance of the process; and,
p.000061: 3. To question directly or through their defense attorney and orally, the witnesses and experts, who will be
p.000061: obliged to appear before the judge for this purpose.
p.000061: The adolescent may be heard and questioned by sign language in case of hearing impairment.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 315.- Procedural speed. - Judges, Prosecutors for Teenage Offenders, public or private defenders and
p.000061: the Technical Office of the Administration of Justice must promptly promote the actions
p.000061: judicial. Those who unduly delay the process followed against a teenager, will be sanctioned in the form
p.000061: provided for in this Code, without prejudice to the penalties provided for in other laws.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 80
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 99
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 253, 254 CONSTITUTION
p.000061: OF THE REPUBLIC OF ECUADOR, Arts. 169
p.000061: Art. 316.- Right to be instructed on procedural actions.- The adolescent has the right to be instructed with
p.000061: clarity and precision by its defender, the Prosecutor, the team, the Technical Office and especially by the Judge,
p.000061: about the meaning, objectives and consequences of each of the actions and steps of the process.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 75, 77
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p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3. 4
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
p.000069: healthy, ecologically balanced and pollution-free environment that guarantees your health, safety
p.000069: food and integral development.
p.000069: The Central Government and the sectional governments will establish clear and precise policies for the
p.000069: conservation of the environment and the ecosystem.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 15, 66, 397, 414
p.000069: Chapter III
p.000069: Development-related rights
p.000069: Art. 33.- Right to identity.- Children and adolescents have the right to identity and the elements
p.000069: that constitute it, especially the name, nationality and family relationships, in accordance with
p.000069: the law.
p.000069: It is the State's obligation to preserve the identity of children; girls and adolescents and punish those responsible for
p.000069: alteration, replacement or deprivation of this right.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Art. 34.- Right to cultural identity.- Children and adolescents have the right to keep,
p.000069: develop, strengthen and recover their identity and spiritual, cultural, religious, linguistic values,
p.000069: political and social and to be protected against any type of interference that is intended to replace, alter
p.000069: or decrease these values.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 21, 57
p.000069: Art. 35.- Right to identification.- Boys and girls have the right to be registered
p.000069: immediately after birth, with the corresponding paternal and maternal surnames. The State will guarantee
p.000069: the right to identity and identification through a Civil Registry service with agile procedures,
p.000069: free and easy to obtain identity documents.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 708
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69
p.000069: Art. 36.- Norms for identification.- In the live birth certification, which must be issued under the
p.000069: responsibility of the public or private health center or institution that attended the birth, the
p.000069: fingerprint identification of the mother and plantar identification of the newborn or newborn boy or girl. In cases of
p.000069: late registration, the fingerprint of the child or adolescent must be registered in the respective file.
p.000069: When the identity of one of the parents is unknown, the child or adolescent will bear the surnames of the
p.000069: parent who registers it, without prejudice to the right to obtain legal recognition
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 8
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: from the other parent.
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Social / Marital Status
Searching for indicator single:
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p.000069: 3. For having disappeared all the circumstances that generated the right to payment of maintenance according to this law.
p.000069: Art. 33.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000069: Tenure and parental authority must be processed by separate rope. Forbid the counterclaim.
p.000069: CHAPTER II
p.000069: Of the Procedure for the fixation and collection of alimony and survival pensions
p.000069: Art. 34.- The demand.- The demand will be presented in writing, at the domicile of the right holder and in the form
p.000069: that for this purpose the Council of the Judiciary draw up, which will be available on its website. The formula
p.000069: must comply with the requirements established in the Code of Civil Procedure and this law and also
p.000069: It will contain a box in which the claimant identifies the data of the persons who are obligated
p.000069: subsidiaries of the provision of food as determined in article 5 unnumbered of this law; for
p.000069: notifications will indicate court box and / or email address for notifications that
p.000069: correspond to the actor.
p.000069: The Judge who is aware of the lawsuit will maintain his jurisdiction in case the holder of the right
p.000069: He will come of age.
p.000069: In the form that contains the claim, the announcement of evidence that justify the relationship of filiation and
p.000069: kinship of the claimant as well as the financial condition of the provider and in case of having them, the
p.000069: will attach. If you require a court order to obtain evidence, you must request it on the claim form.
p.000069: The defendant may make evidence announcement up to 48 hours before the date set for the single hearing.
p.000069: Art. 35.- Qualification of the demand and summons.- The Judge will qualify the demand within the term of
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p.000069: two days after receipt; will set the provisional alimony based on the pension table;
p.000069: the summons shall be provided under precautions that if the defendant does not appear, he will proceed in default; and
p.000069: will summon the parties to a hearing, which will be set within a period of ten days from the
p.000069: citation date.
p.000069: The summons will be made in the manner provided in the Code of Civil Procedure, through a notary public or by
p.000069: single ballot of summons that will be delivered to the defendant if necessary, with the support of a member of the force
p.000069: public, who will establish the respective reason.
p.000069: In cases where the defendant's domicile is unknown, and who represents the
p.000069: rightful holder lacks the resources to do so, the Judicial Council will make a single publication
p.000069: monthly in the newspaper with the largest national circulation, being able to request a refund of what was paid, when the
p.000069: cited appear.
p.000069: Art. 36.- Electronic notification.- The defendant in his appearance must provide
p.000069: Your email address is mandatory, so that your password is assigned.
p.000069: The notifications made within the process will be made in the judicial box or in the
p.000069: electronic addresses indicated by the parties. The Judge will keep in the process, the written proof of the shipment
p.000069: of the notifications, duly certified by the Secretary.
p.000069: Art. 37.- Single hearing.- The hearing will be personally conducted by the Judge, who will inform the
p.000069: parts on the rules that govern the setting of alimony, subsidies and benefits, and its
p.000069: compliance; will begin with the information of the Judge to the defendant about the obligation that he has to
p.000069: provide food to cover the needs indicated in article 2 of this law; about the
p.000069: consequences in case of not doing so; on the obligation you have to indicate judicial box or address
p.000069: electronic for future notifications; and about your obligations that include providing care and
p.000069: affected. These indications in no case constitute prevarication on the part of the Judge.
p.000069: Next, the claim will be answered, and the Judge will seek conciliation and obtain it.
p.000069: will set the final pension by mutual agreement, through the respective resolution, which may be reviewed.
p.000069: If the agreement is not reached, the hearing will continue, with the evaluation of the evidence and at the same hearing, the Judge
p.000069: will set the final pension.
p.000069: If the obligated person denies the filiation or kinship relationship in the case of other relatives
p.000069: consanguineous, the Judge will order the DNA tests and suspend the hearing for a term of 20
p.000069: days, after which and with the results of the tests carried out, he will decide on the fixing of the
p.000069: final alimony and on the filiation relationship.
p.000069: If the parties do not appear at the single hearing called by the Judge, the provisional resolution will be
p.000069: will become definitive.
p.000069: Art. 38.- Deferral of the hearing.- The hearing may be deferred for a single time up to the
p.000069: term of three days and provided that in the corresponding petition writing, the mutual agreement of
p.000069: the parts.
p.000069: Art. 39.- Resolution.- In the only hearing the Judge will dictate the resolution order that establishes the alimony
p.000069: definitive, subsidies and benefits and the way to pay them, the payment of court costs, fees of the
p.000069: attorney and all expenses incurred by the actor for failure to comply with the
p.000069: obligation on the part of the defendant.
p.000069: Within three days from the notification of the resolution, the parties may
p.000069: request extension or clarification which will not be able to modify the fixed amount.
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p.000069: Art. 40.- Appeal resource.- The party that is not satisfied with the resolution, may appeal it
p.000069: before the Provincial Court of Justice, within the term of three days of notification.
p.000069: The appeal document must specify the points to which the appeal is contracted and without this requirement the instance
p.000069: superior will consider it as not filed. In any case, the appeal will be granted only in the reimbursement effect.
p.000069: The lower Judge will send the file to the superior within the term of five days following the
p.000069: granting of the resource.
p.000069: Art. 41.- Processing in second instance.- Received the process, the Chamber of the Provincial Court of Justice, based on
p.000069: to the merits that appear in the process, it will pronounce its resolution within the term of 10 days
p.000069: counted from the reception. Completed the processing of the process in second instance the room
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p.000069: the circumstances and facts that served as the basis for the resolution establishing alimony, the
p.000069: Judge, may review and modify the resolution, prior to the procedure established in this chapter.
p.000069: The same Judge who set the alimony will be competent to know this incident except in cases of change
p.000069: of domicile of the fed.
p.000069: Art. 43.- Automatic Annual Indexation.- Without prejudice to the right of the parties to request an increase or reduction of
p.000069: alimony, until January 31 of each year the Ministry in charge of inclusion issues
p.000069: economic and social published in the newspapers with the largest national circulation, the Pension Table
p.000069: Minimum Foodstuffs, plus the percentage of inflation determined by the National Institute of Statistics and Censuses.
p.000069: Alimony will never be lower than the minimum established in the mentioned
p.000069: table, so the lower alimony will be automatically indexed without
p.000069: need for legal action of any nature.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Art. 44.- Sanction for breach of terms and deadlines.- The Judicial Council will sanction with suspension of
p.000069: 30 to 45 days to judges who fail to comply with the terms, deadlines and amounts set forth herein
p.000069: law. In case of recidivism, he will proceed to dismiss the position.
p.000069: Art. 45.- Supplementary norms.- In everything not foreseen in this section, the Contentious Procedure will be applied.
p.000069: General, described in this code and in its absence the provisions of the Code of Civil Procedure.
p.000069: GENERAL DISPOSITION
p.000069: FIRST.- The product of the fines imposed in accordance with this Code, which do not have
p.000069: specific destination, will be sent to the Single National Treasury Account and will serve to finance the
p.000069: DNA testing costs, in the cases provided for in this law or to finance projects
p.000069: related to the reduction of judicial delay in maintenance trials.
p.000069: SECOND: The Family, Woman, Childhood and Adolescence Judges will officiate at the National Electoral Council, to
p.000069: SENRES, the Superintendency of Banks and Insurance, the Mercantile Registrar, the Registrar of the
p.000069: Property and how much authority is required, notifying the name of the debtor, the amount of the obligation due
p.000069: with their respective interests and the obligation to comply and enforce the resolution of disability
p.000069: provided for in this law.
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p.000069: TRANSITORY DISPOSITIONS
p.000069: FIRST.- The National Council for Children and Adolescents, within a period of sixty days from the
p.000069: validity of this law, will prepare and publish the Table of Minimum Alimony, which
p.000069: It must be prepared based on technical studies on the amount required to satisfy the needs.
p.000069: basic of the beneficiaries.
p.000069: Once the National Council for Children and Adolescents becomes one of the National Equality Councils,
p.000069: The updating and setting of the Table of Minimum Alimony will be carried out by the Ministry of Inclusion
p.000069: Social and Economic.
p.000069: SECOND.- The Judicial Council, within a term of up to ninety days from the effective date of the
p.000069: This law will execute a National Program for the Improvement and Modernization of the Family, Women's Courts,
p.000069: Childhood and adolescence. This program will include: the purging of inactive or
p.000069: abandonment; elimination of judicial default through the massive fixing of basic alimony of
p.000069: pursuant to what is determined in this law and the establishment of emerging measures and
p.000069: Immediate to prevent the delay of the judicial decision regarding pension fixing
p.000069: food.
p.000069: Within the same period, the provisional and emergent appointment of Family Judges shall be empowered to the Judicial Council,
p.000069: Women, Children and Adolescents, in the number that is necessary for the cities of: Quito, Guayaquil, Manta, Santo
p.000069: Domingo de los Colorados, Esmeraldas and in the provincial capitals that the Council determines.
p.000069: A specialized commission of the Ministry of Justice will evaluate the results of the program and will issue the report
p.000069: respective, so that in case of negligence or non-compliance, the National Assembly initiates the respective impeachment
p.000069: against the Members of the Council of the Judiciary.
p.000069: THIRD.- The Judicial Council within thirty days from the effective date of the
p.000069: This Law will prepare and order the immediate implementation of the "Single Form for the Demand for
p.000069: Alimony and Incident of Increase or Decrease of Alimony ". Failure to comply with this
p.000069: obligation will be informed by the Ministry of Justice and if warranted it will lead to the initiation of
p.000069: respective impeachment for the removal of the members and members of said councils, by
p.000069: of the National Assembly.
p.000069: FOURTH.- The Council of the Judiciary will implement, within 120 days, an automated direct access system to
p.000069: the information on the income of those obliged to provide food, for which purpose the
p.000069: respective agreement with the Internal Revenue Service, SRI. For the purposes of other information, the Council
p.000069: of the Judiciary will prepare the respective project in order to cross information with other systems of
p.000069: registration such as that of the Superintendency of Banks, property and commercial.
p.000069: The institutions described and those determined by the Judicial Council, will implement mechanisms
p.000069: free of automatic and electronic delivery of information to the judges through key systems or
p.000069: others.
p.000069: FIFTH.- In food lawsuits that, at the date of issuance of the Pension Table
p.000069: Minimum Alimony, they are in process in the Judicial Branch and in which a pension has not been set
p.000069: provisional maintenance, check as provisional alimony the basic determined in the Table of
p.000069: Minimum Alimony.
p.000069: SIXTH.- As of the Table of Minimum Alimony Pensions, no pension
p.000069: food may be less than the minimum established in the Table.
p.000069: SEVENTH.- The Ministry of Public Health will implement within a period of no more than 360 days a
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p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Chapter I
p.000069: General rules
p.000069: Art. 151.- Purpose of the adoption.- The purpose of the adoption is to guarantee a suitable family,
p.000069: permanent and definitive to the boy, girl or adolescent who are in social and legal capacity to be adopted.
p.000069: Art. 152.- Full adoption.- The law only admits full adoption, by virtue of which
p.000069: they establish between the adopter or adoptees all the rights, attributes, duties,
p.000069: responsibilities, prohibitions, inabilities and impediments of the parental filial relationship. In consecuense,
p.000069: Legally, the adoptive son is assimilated in everything to the consanguineous son.
p.000069: The adoption extinguishes the relationship between the adoptee and the members of his family of origin. However, they will remain
p.000069: Marital impediments that affected the adoptee due to kinship relationships persist
p.000069: extinguished.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 74 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000069: 69
p.000069: Art. 153.- Principles of adoption.- Adoption is governed by the following specific principles:
p.000069: 1. Adoption will be resorted to when the family support and family reintegration measures have been exhausted;
p.000069: 2. Priority will be given to national adoption over international adoption. International adoption will be exceptional;
p.000069: 3. Priority will be given to adoption by legally constituted heterosexual couples, over adoption by
p.000069: single people;
p.000069: 4. Members of the child's or adolescent's family of origin will be preferred as adopters, up to the fourth
p.000069: degree of consanguinity;
p.000069: 5. The boy and girl, whenever they are in a position to do so, must be heard in the process of
p.000069: adoption and their opinions will be valued according to the evolutionary and emotional development of each one. It is mandatory the
p.000069: adolescent consent;
p.000069: 6. Adopted persons have the right to know their status, their origin, their personal history
p.000069: and his inbred family, unless there is an express prohibition on the latter;
p.000069: 7. Candidates for adopters must be suitable persons;
p.000069: 8. Children, adolescents and adopter candidates must receive adequate preparation
p.000069: for adoption; and,
p.000069: 9. In cases of adoption of children and adolescents belonging to peoples and nationalities
p.000069: indigenous and Afro - Ecuadorian, adopters from their own culture will be preferred.
p.000069: Art. 154.- Unconditionality and irrevocability of the adoption.- The adoption cannot be subject to
p.000069: modalities and, once perfected, is irrevocable. Any condition that is imposed by those who must
p.000069: giving your consent will be deemed not written, without affecting the validity of the adoption.
p.000069: Art. 155.- Prohibition of undue economic benefits.- Obtaining of undue economic benefits is prohibited.
...
p.000061: provided in article 164 of this Code.
p.000061: Concluded the hearing, will pronounce sentence in the form prescribed in article 277 of this Code against which
p.000061: the appeal will proceed before the Superior Court of the district.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 273, 274, 323
p.000061: Art. 286.- Verification of identities and causes of appearance.- The Judge will verify with the instruments
p.000061: relevant public, the identity of relationship or appointment of guardian, as the case may be, of the
p.000061: persons who appear under the provisions of articles 163 and
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p.000061: 166 of this Code.
p.000061: If you have doubts about the paternity or maternity of the person or parties, you can order the practice
p.000061: Comparative Examination of Deoxyribonucleic Acid (DNA) Bands or Sequence Patterns
p.000061: of the child or adolescent to be adopted and of those who present themselves as parents. If these
p.000061: The latter refuse Unjustifiably to the practice of the exam, consent will be considered denied. If the negatives
p.000061: are founded on lack of economic resources to cover their costs, the procedure provided in the
p.000061: rule 4 of article 131 of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 16, 24 CIVIL CODE (BOOK I), Arts. 253
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63 CODE OF CIVIL PROCEDURE, Arts. 164
p.000061: Art. 287.- Second instance.- The appeal will be substantiated by the Superior Court Chamber
p.000061: of the District, in a single hearing. The sentence will be pronounced in the manner indicated in article 277.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 273, 274, 323
p.000061: Art. 288.- Additional requirement for international adoptions.- In the case of adoptions
p.000061: international, the file with the documents mentioned in
p.000061: Article 183 of this Code, the report of the Technical Adoption Unit indicated in Article 184,
p.000061: the certificate of assignment and acceptance of the candidates for adopters.
p.000061: Art. 289.- Form of granting consent for adoption.- The parent or parents who wish to give adoption to
p.000061: your son or daughter will submit a request to the Judge of the domicile of the child or adolescent, so that
p.000061: your consent is received. The petition must contain the names, surnames; profession or activity and
p.000061: domicile of the applicants and of the son or daughter whose adoption they consent; and attach the heading of
p.000061: birth of the latter.
p.000061: The Judge will qualify the petition within seventy-two hours after its presentation and
p.000061: will provide for the recognition of the signature and signature of the petitioners. Made the recognition, will point
p.000061: day and time for the hearing that must be held within the fifteen days following the notification of the
p.000061: providence that summons it. At the hearing, the Judge will explain to the applicants the consequences
...
p.000061: victim.
p.000061: 4. The guarantees of non-repetition, are oriented to the prevention of rights violations and the creation
p.000061: of sufficient conditions to avoid their repetition. They identify with the adoption of
p.000061: the necessary measures to avoid that the victims are affected with the commission of new infractions of the same
p.000061: gender.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Fifth Section The challenge
p.000061: Art. 364.- Presentation of the appeal. - The appeal is in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 320, 323, 330, 365
p.000061: Art. 365.- Processing in Superior Court.- Once the file has been received by the Superior Court, a
p.000061: a hearing for the parties to present their allegations.
p.000061: The processing before the Superior Court may not exceed forty-five days, counted from the entry of the case
p.000061: to the respective room.
p.000061: Art. 366.- Resources. The appeals, nullity, fact, cassation and review resources come from
p.000061: pursuant to the Organic Comprehensive Criminal Code.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 320, 321, 323, 330, 365
p.000061: Chapter III
p.000061: Judgment of contraventions
p.000061: Art. 367.- Competent Judge.- The Teenager Offender Judge is competent for the judgment of all
p.000061: contraventions committed by adolescents, including those of land transit.
p.000061: Art. 368.- Procedure.- The judgment will be made in a single hearing, previous summons to the
p.000061: teenager to whom the offense is attributed. The resolution will be pronounced in the same hearing,
p.000061: It must be motivated and there will be no recourse against it.
p.000061: The judgment may not exceed ten days from the commission of the contravention. TITLE V
p.000061: THE PARTNER - EDUCATIONAL MEASURES
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 97
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Title with its chapters and articles from 369 to 386 repealed by Law No. 0, published in
p.000061: Official Record Supplement 180 of February 10, 2014.
p.000061: BOOK FIVE
p.000061: SOCIO-EDUCATIONAL MEASURES
p.000061: Note: Book added by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.000061: TITLE I
p.000061: SOCIO-EDUCATIONAL MEASURES
p.000061: CHAPTER I COMMON PROVISIONS
p.000061: Note: Title with its chapters and articles added by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 370.- Scope.- The regime of socio-educational measures imposed on adolescents is applied by committing
p.000061: of criminal offenses typified in the Organic Comprehensive Criminal Code in accordance with article 319
p.000061: of this code.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
...
Social / Mothers
Searching for indicator mothers:
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p.000069: live and develop in your biological family. The State, society and the family must adopt as a priority
p.000069: appropriate measures that allow their permanence in said family.
p.000069: Exceptionally, when this is impossible or contrary to their best interests, children and adolescents
p.000069: they have the right to another family, in accordance with the law.
p.000069: In all cases, the family must provide them with a climate of affection and understanding that allows respect for their
p.000069: rights and their integral development.
p.000069: Institutional fostering, preventive detention, deprivation of liberty or any other
p.000069: A solution that distracts them from the family environment, should be applied as the last and exceptional measure.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67, 69
p.000069: Art. 23.- Prenatal protection.- The application of penalties and custodial measures to women will be replaced.
p.000069: pregnant until ninety days after delivery, and the judge must order the precautionary measures that are appropriate.
p.000069: The Judge may extend this term in the case of mothers of children with severe disabilities and qualified by the body
p.000069: relevant, for as long as necessary, according to the needs of the child.
p.000069: The person responsible for the application of this rule that violates this prohibition or allows another to
p.000069: contravenes, will be sanctioned in the manner provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248 CIVIL CODE (BOOK I), Arts. 61
p.000069: Art. 24.- Right to breastfeeding.- Boys and girls have the right to breastfeeding to ensure their
p.000069: affective bond with his mother, adequate nutrition, growth and development.
p.000069: It is the obligation of public and private health establishments to develop stimulation programs for
p.000069: breastfeeding.
p.000069: Art. 25.- Attention to pregnancy and childbirth.- Public power and health institutions and assistance to boys and girls
p.000069: and adolescents will create adequate conditions for care during pregnancy and childbirth, to
p.000069: favor of the mother and of the boy or girl, especially in the case of adolescent mothers and of boys or girls with
p.000069: weight less than two thousand five hundred grams.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 35, 42, 43, 46, 51, 363
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 5
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 26.- Right to a decent life.- Children and adolescents have the right to a decent life,
p.000069: that allows them to enjoy the necessary socioeconomic conditions for their integral development.
p.000069: This right includes those benefits that ensure a nutritious, balanced and
p.000069: enough, recreation and play, access to health services, quality education, clothing
p.000069: adequate, safe, hygienic and equipped with basic services.
p.000069: In the case of children and adolescents with disabilities, the State and the institutions that serve them
p.000069: they must guarantee the conditions, technical aids and elimination of architectural barriers for the
p.000069: communication and transportation.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 13, 24
p.000069: Art. 27.- Right to health.- Children and adolescents have the right to enjoy the highest level of health
p.000069: physical, mental, psychological and sexual.
p.000069: The right to health of children and adolescents includes:
p.000069: 1. Free access to public health programs and actions, adequate nutrition and an environment
p.000069: healthy;
p.000069: 2. Permanent and uninterrupted access to public health services, for prevention, treatment
p.000069: disease and health rehabilitation. Public health services are free for children,
p.000069: girls and adolescents who need them;
p.000069: 3. Access to free medicine for children and adolescents who need it;
p.000069: 4. Immediate and effective access to public and private emergency medical services;
p.000069: 5. Information about their health status, according to the evolutionary level of the child or adolescent;
p.000069: 6. Information and education on the basic principles of prevention in health, sanitation
p.000069: environmental, first aid;
p.000069: 7. Attention with procedures and resources of alternative and traditional medicines;
p.000069: 8. Living and developing in a stable and affective environment that allow them adequate emotional development;
p.000069: 9. Access to services that strengthen the emotional bond between the boy and girl and their mother and father; and,
p.000069: 10. The right of mothers to receive adequate prenatal and postnatal health care.
p.000069: The sale of narcotic drugs, psychotropic substances and others that may cause addiction is prohibited.
p.000069: alcoholic beverages, industrial glues, tobacco, firearms and explosives of any kind, to
p.000069: boys, girls and adolescents.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 43, 45, 46, 360, 362, 363
p.000069: Art. 28.- Responsibility of the State in relation to this right to health.- They are obligations of the State, which
p.000069: through the Ministry of Health:
p.000069: 1. Prepare and implement the policies, plans and programs that favor the enjoyment of the right
p.000069: contemplated in the previous article;
p.000069: 2. Promote the initiatives necessary to expand the coverage and quality of health services, particularly
p.000069: primary health care; and will take appropriate measures to combat maternal and infant mortality,
p.000069: child malnutrition and diseases that affect the child population;
p.000069: 3. Promote interdisciplinary action in the study and early diagnosis of delays in
p.000069: development, so that they receive the appropriate treatment and stimulation;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 6
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 4. Guarantee the provision of free medicine for children and adolescents;
p.000069: 5. Control the application of the complete vaccination schedule;
...
p.000069: teenagers. It receives the support and protection of the State so that each of its members can
p.000069: Fully exercise your rights and assume your duties and responsibilities.
p.000069: Its internal legal relations of a non-patrimonial nature are very personal and, therefore,
p.000069: inalienable, non-transferable and non-transferable. Except for the cases expressly provided by law, they are also
p.000069: imprescriptibles.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: Art. 97.- Protection of the State.- The state protection referred to in the previous article is
p.000069: expressed in the adoption of social policies and the execution of plans, programs and political actions,
p.000069: economic and social resources that assure the family the sufficient resources to fulfill their duties and
p.000069: responsibilities for the integral development of its members, especially children and adolescents.
p.000069: Art. 98.- Biological family.- Biological family is understood as the one formed by the father, the mother, their descendants,
p.000069: ascendants and collaterals up to the fourth degree of consanguinity.
p.000069: Adopted children and adolescents are assimilated to biological children. For all intents and purposes the father and the
p.000069: adoptive mothers are considered as parents.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: Art. 99.- Filiation unit.- All children are equal before the law, the family and society. I know
p.000069: prohibits any indication that establishes differences of affiliation and require statements indicating their
p.000069: modality.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 69
p.000069: Art. 100.- Parental responsibility.- The father and the mother have equal responsibilities in the direction and
p.000069: home maintenance, care, upbringing, education, comprehensive development and protection of rights
p.000069: of their common sons and daughters.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 282, 287, 471, 473
p.000069: Art. 101.- Reciprocal rights and duties of the parental relationship.- Parents and their children owe each other
p.000069: affection, solidarity, relief, respect and the necessary considerations so that each one can realize the rights and
p.000069: attributes inherent in their personhood and fulfill their respective roles and responsibilities within the
p.000069: family and society.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 26
p.000069: eSilec Professional - www.lexis.com.ec
...
p.000069: July 28, 2009.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 32
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CHAPTER I
p.000069: Food law
p.000069: Art. 1.- Scope and relationship with other legal bodies.- This Title regulates the right to food of children,
p.000069: girls, adolescents, and adults considered as holders of rights established in this Law.
p.000069: with respect to other persons who enjoy this right, the provisions on maintenance of the Code will apply
p.000069: Civil.
p.000069: Art. 2.- Of the right to maintenance.- The right to maintenance is inherent to the parental-filial relationship and is
p.000069: related to the right to life, survival and a decent life. It implies the guarantee of providing the
p.000069: resources necessary to satisfy the basic needs of food that includes:
p.000069: 1. Nutritious, balanced and sufficient food;
p.000069: 2. Comprehensive health: prevention, medical care and provision of medicines;
p.000069: 3. Education;
p.000069: 4. Beware;
p.000069: 5. Adequate clothing;
p.000069: 6. Safe, hygienic and equipped with basic services;
p.000069: 7. Transportation;
p.000069: 8. Culture, recreation and sports; and,
p.000069: 9. Rehabilitation and technical aids if the beneficiary has a temporary disability or
p.000069: definitive.
p.000069: Art. 3.- Characteristics of the right.- This right is non-transferable, non-transferable, inalienable,
p.000069: imprescriptible, unattachable and does not admit compensation or reimbursement of what was paid, except for pensions of
p.000069: foods that have been previously fixed and have not been paid and from mothers who have made expenses
p.000069: Antenatals that have not been previously recognized, cases in which they can be compensated and transmitted to the
p.000069: heirs.
p.000069: Art. 4.- Holders of maintenance rights.- They have the right to claim maintenance:
p.000069: 1. Girls, boys and adolescents, except the emancipated voluntarily who have their own income, to
p.000069: who will suspend the exercise of this right in accordance with this standard;
p.000069: 2. Adults or adults up to the age of 21 years who demonstrate that they are studying in
p.000069: any educational level that prevents or hinders them from engaging in a productive activity and lack resources
p.000069: own and sufficient; and,
p.000069: 3. People of any age, who have a disability or their physical or mental circumstances prevent them
p.000069: or makes it difficult to procure the means to subsist on their own, as stated in the respective certificate issued
p.000069: by the National Council on Disabilities CONADIS, or the health institution that may have heard of the case
p.000069: that for the purpose must be presented.
p.000069: Art. 5.- Obliged to provide food.- Parents are the main holders of the
p.000069: maintenance obligation, even in cases of limitation, suspension or deprivation of parental authority.
p.000069: In case of: absence, impediment, insufficient resources or disability of the principal,
p.000069: duly verified by the person who alleges it, the competent authority shall order that the provision of food be
p.000069: paid or completed by one or more of the following required subsidiaries, based on their ability
p.000069: economically and as long as they are not disabled, in order:
p.000069: 1. The grandparents;
p.000069: 2. Siblings who have reached the age of 21 and are not included in the cases of numerals two
p.000069: and three from the previous article; and,
p.000069: 3. The uncles / as.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 33
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The competent authority, based on the order provided in the preceding paragraphs, in the degrees of kinship indicated,
p.000069: simultaneously and based on their resources, they will regulate the proportion in which said relatives will provide the pension
p.000069: alimony, until completing the total amount of the fixed pension or assuming it in its entirety, as the case may be.
p.000069: The relatives who have made the payment may exercise the action of repetition of the payment against the father and / or the
p.000069: mother.
p.000069: The judges will apply ex officio the international instruments ratified by Ecuador in order to
p.000069: guarantee the right to food of children and adolescents, daughters and sons of fathers or mothers
p.000069: that have migrated abroad, and will have all the necessary measures to ensure the effective collection of the
p.000069: pension.
p.000069: The central authority will act diligently to ensure respect for the rights of children and
p.000069: adolescents, and, will respond in case of negligence.
p.000069: Art. 6.- Procedural Legitimation.- They will be entitled to demand the provision of the maintenance right to
p.000069: in favor of a boy, girl or adolescent or people of any age who suffer from a physical disability or
p.000069: mental that prevents them from doing it by themselves:
p.000069: 1. The mother or father in whose care the son or daughter is and, in their absence, the person exercising their
p.000069: legal representation or who is in charge of your care; and,
p.000069: 2. Adolescents over 15 years of age.
p.000069: In order to present the demand, the attorney will not be required. The claimant will present it on the form
p.000069: that for this purpose the Judicial Council will design and publicize. If due to the complexity of the case, the judge or
p.000069: the procedural party considers that legal sponsorship is necessary, will provide for the participation of a public defender or
p.000069: from a private defender, respectively.
p.000069: Art. 7.- Provenance of the right without separation. - The alimony comes even in the cases in which the fed
p.000069: and the obligated coexist under the same roof.
...
p.000061: All children and adolescents have the right, equally and without exception, as protection of the
p.000061: family, education; health, nutrition, housing, parental employment and social security, among
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
p.000061: of the rights of children and adolescents must contemplate the coordinated action of all entities
p.000061: responsible, at national and local level, in order to optimize the resources and efforts that are made.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 44, 46
p.000061: TITLE III
p.000061: POLICY DEFINITION, PLANNING, CONTROL AND EVALUATION AGENCIES
p.000061: Art. 194.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 195.- Functions of the National Council.- Corresponds to the Ministry in charge of matters of economic inclusion and
p.000061: Social:
...
Social / Police Officer
Searching for indicator officer:
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p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 63
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Article 236.- Active legitimation.- Without prejudice to the power of the competent bodies to act ex officio and of the
p.000061: In cases where public action is granted, they can propose administrative protection action:
p.000061: 1. The affected child or adolescent;
p.000061: 2. Any member of your family, up to the fourth degree of consanguinity and second of affinity;
p.000061: 3. The Ombudsman's Office;
p.000061: 4. The Community Defenders; and,
p.000061: 5. Any other person or entity that has an interest in it.
p.000061: Art. 237.- Beginning of the procedure.- The administrative procedure for the protection of rights can be initiated from
p.000061: ex officio or by verbal or written complaint in which it will be indicated:
p.000061: 1. The organism before which he appears;
p.000061: 2. The names, surnames, age and address of the complainant and the quality in which he appears;
p.000061: 3. The most detailed identification possible of the affected child or adolescent;
p.000061: 4. The most detailed possible identification of the person or entity reported; and,
p.000061: 5. The circumstances of the denounced fact, indicating the right affected or the
p.000061: imputed irregularity.
p.000061: Within forty-eight hours of knowing the fact or receiving the complaint, the agency,
p.000061: The administrative officer will take notice and will set the day and time for the answering hearing.
p.000061: The summons for the hearing will be practiced personally or through a ballot left at home.
p.000061: of the aforementioned in business day and time.
p.000061: Art. 238.- Hearing.- The oral arguments of the parties will be heard at the hearing, beginning with the complainant,
p.000061: after which the adolescent, in any case, or the boy or girl who is in conditions of
p.000061: Express your opinion.
p.000061: The substantive body will then seek conciliation between the parties, if the nature of the matter so
p.000061: allows, in accordance with the law. Likewise, you can refer the case to a specialized center for
p.000061: mediation.
p.000061: If the parties reconcile, a protection measure will be established to promote relations between those affected
p.000061: and the mechanisms for evaluating and monitoring the measure will be determined. Otherwise, if there are facts that
p.000061: must be proven, the substantiating body will immediately convene a new hearing for the surrender of
p.000061: tests, which must be held no later than the following five business days.
p.000061: The substantiating body shall have the power to order the tests and investigations that it considers
p.000061: necessary.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 121
p.000061: Art. 239.- Evidence hearing.- The parties will present all their evidence at the same hearing, after which they may
p.000061: verbally present their allegations, beginning with the complaining party. If the substantive body deems it
p.000061: necessary for the extension of the tests, may establish a recess of up to three business days.
...
Searching for indicator police:
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p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
...
p.000069: obliged to bear the expenses demanded by the DNA examination, as well as the procedural costs and expenses of the study
p.000069: social, when the study of the technical office proves said particular and in accordance with the test that is
p.000069: act in the respective hearing.
p.000069: DNA testing of the unborn child is prohibited; however it can be done on deceased people,
p.000069: when it is necessary to establish the parent-child relationship.
p.000069: Art. 11.- Conditions for DNA testing.- The comparative examination will have probative value in court.
p.000069: of deoxyribonucleic acid (DNA) band or sequence patterns practiced by specialized laboratories
p.000069: public and private, that have qualified experts by the Prosecutor's Office. In the case of laboratories
p.000069: Private must have the operating permit of the Ministry of Public Health.
p.000069: The identity of the person to whom the sample belongs will be verified by means of the identity card
p.000069: or citizenship or passport or any other mechanism that reliably ensures the identity of the person
p.000069: and, the registration of your fingerprint. Identification and sampling will be done in the presence of the authority that the
p.000069: orders or its delegate, the expert and the parties or those who represent them.
p.000069: DNA test results are confidential. All movement of the sample must be registered with
p.000069: indication of the date, time and the name and identification of the people who intervened. The Judge may
p.000069: arrange for police assistance, the intervention of medical lawyers or other experts at the request of the party
p.000069: interested, to ensure the authenticity and reliability of the taking of samples, their examination, custody and
p.000069: transport.
p.000069: Art. 12.- Responsibility of the experts.- The experts will be administrative, civil and criminal
p.000069: responsible for the procedures and methodology, false or adulterated results of the tests they perform and
p.000069: for the reports they issue, without prejudice to the joint civil liability of the laboratory in which
p.000069: The expertise and disqualification of the expert by the Prosecutor's Office have been practiced. This responsibility extends to
p.000069: facts and acts of the people who intervene under his direction or dependency in said tests or reports.
p.000069: Art. 13.- Sufficiency of the DNA test.- The DNA test with the conditions of suitability and security provided
p.000069: in this law, it will be considered sufficient to affirm or rule out paternity or maternity. Will not be
p.000069: admitted the delay of the cause through the request of new evidence, except
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 35
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: that it be founded and prove the breach of the conditions provided in this law.
p.000069: Art. 14.- How to provide alimony.- The Judge will fix the payment of the alimony and subsidies and
p.000069: mainly additional benefits, and, if requested by the food company or its representative, to
p.000069: through the deposit of a sum of money that must be made in advance monthly payments,
p.000069: within the first five days of each month, and, in the case of subsidies and additional benefits, on the date indicated
...
p.000061: childhood and adolescence; and,
p.000061: h) The others that the law indicates.
p.000061: They will seek, with the support of authorized entities, the mediation and conciliation of the parties involved in the
p.000061: matters they are aware of, in accordance with the law.
p.000061: Article 207.- Integration of the Cantonal Boards of Protection of Rights.- The Cantonal Board of Protection of Rights
p.000061: It will be integrated with three main members and their respective alternates, who will be chosen by the Council.
p.000061: Cantonal de la Niñez y Adolescencia from among candidates accrediting technical training necessary to
p.000061: fulfill the responsibilities of the position, proposed by civil society. They will last three years in their
p.000061: functions and may be re-elected only once.
p.000061: The Regulations issued by the President of the Republic at the proposal of the National Council shall establish the rest
p.000061: requirements that must be met to be a member of these Boards, the inabilities and incompatibilities and
p.000061: the procedures for proposing and choosing them.
p.000061: Chapter II
p.000061: Other organisms of the system
p.000061: Art. 208.- Description.- They are also part of the National System for the Comprehensive Protection of Children and
p.000061: Adolescence the Ombudsman's Office, with the functions indicated in the Constitution and the law, the Ombudsmen
p.000061: Community for Children and Adolescents and the Specialized Police for Children and Adolescents.
p.000061: The Community Defenders for Children and Adolescents are forms of community organization, in which
p.000061: parishes, neighborhoods and rural sectors, for the promotion, defense and monitoring of the rights of children and
p.000061: adolescence. They may intervene in cases of violation of the rights of children and adolescents and exercise the
p.000061: administrative and judicial actions that are within their reach when necessary, will coordinate their actions with the
p.000061: Ombudsman Office.
p.000061: The Specialized Police for Boys, Girls and Adolescents intervenes in the System exclusively for the fulfillment of
p.000061: the tasks assigned by law to the police forces, which will be carried out in coordination with the other agencies
p.000061: of the System and police forces. It will be made up of technical personnel who have approved courses in
p.000061: specialization in matters related to the protection of the rights of children and adolescents.
p.000061: The regulation will contemplate the specific functions of these organisms within the system.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 215
p.000061: TITLE V
p.000061: OF THE EXECUTING AGENCIES OF THE NATIONAL PROTECTION SYSTEM
p.000061: Art. 209.- Definition and legal nature.- The organisms of execution of policies, plans, programs
p.000061: and projects, are public and private attention entities that are in charge of the execution of
p.000061: policies, plans, programs, projects, actions and measures of protection and sanction, according to the policies and
p.000061: plans defined by the competent bodies and instructions
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 57
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: of the authority that legitimized its operation.
p.000061: Art. 210.- Efficacy and legality of their action.- The attention entities must carry out their activities
p.000061: in the way that ensures the validity and protection of the rights and guarantees of children and
p.000061: adolescents, with strict adherence to the provisions of this Code, the regulations and the
p.000061: instructions from the authority that legitimized its operation.
...
p.000061: and merchants of products aimed at children or adolescents, whose publications,
p.000061: editions and packaging of products contravene the prohibitions contained in article 46;
p.000061: 3. Those responsible for establishments and shows, public or private, that admit boys, girls and
p.000061: teens to shows and shows not rated as age-appropriate; and,
p.000061: 4. People who promote or allow any form of participation, public or private, of children,
p.000061: girls and adolescents in programs, commercial messages and shows whose content is inappropriate for their age.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 251.- Infractions against the right to privacy and image.- They will be sanctioned with a fine
p.000061: indicated in article 248:
p.000061: 1. The media, those responsible for programming or editing, and journalists, who disseminate
p.000061: information that allows or enables the identification of a teenager involved in criminal prosecution, or
p.000061: from their relatives;
p.000061: 2. The media and persons indicated in the previous numeral, that publish or exhibit reports, voice or image or any
p.000061: data or information that allows the identification of a child or adolescent who has been the object of any form of
p.000061: sexual abuse or maltreatment;
p.000061: 3. Public officials who by any means, directly or indirectly, do or allow them to be done
p.000061: public the police or judicial records of the adolescents that have been investigated,
p.000061: prosecuted or deprived of their liberty for a criminal offense, in contravention of the provisions
p.000061: by article 53;
p.000061: 4. Those who use the image of a child or adolescent in any means of communication or advertising resource
p.000061: without the express authorization of the latter or his legal representative; and,
p.000061: 5. Natural or legal persons who distort, ridicule or exploit through any means the image of
p.000061: children or adolescents with disabilities.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 252.- Infractions related to adoption.- They will be sanctioned with the fine indicated in the article
p.000061: 248:
p.000061: 1. Those who condition consent for adoption to any consideration of a character
p.000061: economic; and,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 67
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 2. The tutor who adopts his pupil without having previously approved the accounts of his administration.
p.000061: Article 253.- Other infractions sanctioned with a fine.- They will be sanctioned with the fine indicated in article 248:
p.000061: 1. The directors of health facilities that deny the provision of emergency medical services to a
p.000061: boy, girl or adolescent; or the safe stay of a newborn with his mother; or that in any way
...
p.000061: adolescence, and consists in the imposition of a certain behavior of action or omission, of possible
p.000061: compliance, directed to the person or entity required, with the precautions provided by law.
p.000061: Art. 265.- Active legitimation. - The following may propose legal action for protection:
p.000061: a) The Rights Protection Boards, in cases of threats or violations of rights produced in their
p.000061: respective jurisdiction;
p.000061: b) The Ombudsman's Office; and,
p.000061: c) Any person over the age of fifteen who has an interest in it.
p.000061: For the action of literal c), the sponsorship of a lawyer will be required.
p.000061: Art. 266.- Competent body.- Knowledge and resolution of the judicial action for protection
p.000061: corresponds to the Judge of Children and Adolescents of the jurisdiction in which the violation of the right has occurred, in
p.000061: the domicile of the defendant or that of the plaintiff, at the latter's choice.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 45, 48 CODE OF CIVIL PROCEDURE, Arts. 26
p.000061: Art. 267.- Procedure.- The summary procedure that guarantees the contradiction will be applied to this action.
p.000061: procedural, due process guarantees and the right to effective judicial protection.
p.000061: Chapter IV Legal proceedings
p.000061: First Section
p.000061: Special rules for the investigation of the Police and the Technical Office
p.000061: Art. 268.- Investigation.- This Code regulates the investigation of the Police and the Technical Office for Children and the
p.000061: Adolescence for the substantiation of research aimed at:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 71
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Locate children and adolescents deprived of their family environment, presumably lost, disappeared or
p.000061: plagiarized; and,
p.000061: 2. Identify and locate the places of residence of the father, mother or relatives within the third
p.000061: degree of consanguinity absent or missing of the child or adolescent.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 269.- Petition.- The official judge or at the request of any service entity, the mother, the
p.000061: father or relatives of the child or adolescent, as the case may be, will dictate a car in which they will have
p.000061: the corresponding investigation tending to identify and locate the child or adolescent, their parents and others
p.000061: relatives, as the case may be.
p.000061: The investigation will involve the Public Ministry, DINAPEN or other Police units
p.000061: Nacional and the Technical Office, who are required to submit monthly reports on activities
p.000061: carried out and their results.
p.000061: The Judge may request clarification, extensions or reform of the reports presented.
p.000061: Art. 270.- Reinsertion of the child or adolescent in their biological family. - If the investigation
p.000061: allow to locate the child or adolescent or identify the child or adolescent or identify the father, the
p.000061: mother or other relatives or persons responsible for the care of the child or adolescent, as the case may be, the Judge
p.000061: will order the reintegration to his family, without prejudice to other protection measures that may be necessary.
p.000061: If the investigation allowed to identify and locate relatives within the third degree of
p.000061: consanguinity of the child or adolescent, the Judge will call a hearing and appoint a guardian to assume their care and
p.000061: protection.
p.000061: If, from the qualification order, the terms stipulated in this Code for the deprivation of the
p.000061: parental authority or ninety days for the declaration of adoptability of the child or adolescent for the reasons
p.000061: first, third and fourth of article 158 of this Code and the reports of the investigation carried out do not allow
p.000061: determine, identify and locate the father, mother or both or the relatives within the referred degrees, the Judge
p.000061: declare the adoptability of a child or adolescent.
p.000061: To the demand of deprivation of parental authority for unjustified absence of the father, mother or both, according
p.000061: corresponds, a certified copy of the police and social investigation process and its omission must be accompanied
p.000061: is cause of nullity of the judgment.
p.000061: The Judge who is aware of the demand for the deprivation of parental authority, in the order to classify the claim, will
p.000061: record that it meets all the requirements of law.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 22 CIVIL CODE (BOOK I), Arts. 303, 304, 305, 306, 367
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 112, 113
p.000061: Second section
p.000061: The general contentious procedure
p.000061: Art. 271.- Matters to which it is applied.- The norms of this section will be applied for the
p.000061: substantiation of all matters related to the matters covered by the Second Book, those of the Third Book
p.000061: whose resolution is the exclusive competence of the Judge of Children and Adolescents and
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 72
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: in which an actively legitimized person raises a legal claim.
p.000061: Matches:
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 62
p.000061: Art. 272.- The demand and the summons.- The demand must meet the requirements contemplated in article 71 of the Code
p.000061: of Civil Procedure and the Judge will qualify it within the forty-eight hours following the presentation of the
p.000061: same.
p.000061: In his first ruling the Judge will classify it and, if he meets the legal requirements, he will accept it for processing, case
p.000061: Otherwise it will be ordered to complete it as provided in article 73 of the aforementioned Code.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 66, 73
p.000061: Art. 273.- Conciliation and reply hearing.- The conciliation hearing will be conducted
...
p.000061: the certificate of assignment and acceptance of the candidates for adopters.
p.000061: Art. 289.- Form of granting consent for adoption.- The parent or parents who wish to give adoption to
p.000061: your son or daughter will submit a request to the Judge of the domicile of the child or adolescent, so that
p.000061: your consent is received. The petition must contain the names, surnames; profession or activity and
p.000061: domicile of the applicants and of the son or daughter whose adoption they consent; and attach the heading of
p.000061: birth of the latter.
p.000061: The Judge will qualify the petition within seventy-two hours after its presentation and
p.000061: will provide for the recognition of the signature and signature of the petitioners. Made the recognition, will point
p.000061: day and time for the hearing that must be held within the fifteen days following the notification of the
p.000061: providence that summons it. At the hearing, the Judge will explain to the applicants the consequences
p.000061: legal and social aspects of the adoption and if these are ratified in your decision, you will receive your consent
p.000061: and will decree a provisional protection measure in favor of the child or adolescent.
p.000061: After the hearing, it will provide that the Technical Adoption Unit, the Specialized Police for Children,
p.000061: Girls or Adolescents and the Technical Office carry out investigations aimed at locating relatives, within
p.000061: of the fourth degree of consanguinity, of the child or adolescent, who can take charge permanently and
p.000061: stable of your care.
p.000061: If the results of the investigations are positive and any of these relatives express their
p.000061: Willingness to take care of this care, will forward the record to the Civil Judge so that he can proceed to
p.000061: discernment of guardianship. Otherwise it will declare the boy, girl or adolescent in legal aptitude to
p.000061: be adopted.
p.000061: For the development of the investigations referred to in the preceding paragraphs, the Judge will grant
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 76
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: a term of not less than sixty nor more than one hundred and twenty days.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 22 CIVIL CODE (BOOK I), Arts. 398
p.000061: Fourth Section
p.000061: Special rules for the judgment of possession
p.000061: Art. 290.- Monitoring of tenure.- In the resolution on tenure, the Judge will order that the Technical Office
p.000061: regularly monitor tenure and report on your results.
p.000061: Art. 291.- Motivation of the resolution order.- The order that resolves on the possession, must consider obligatorily
p.000061: the position of the child or adolescent during the hearing, being careful not to reveal what he / she declared in
p.000061: exercise of your right to be heard.
p.000061: Fifth Section
p.000061: Special rules for the trial of fixation of maintenance
...
p.000061: OF THE REPUBLIC OF ECUADOR, Arts. 169
p.000061: Art. 316.- Right to be instructed on procedural actions.- The adolescent has the right to be instructed with
p.000061: clarity and precision by its defender, the Prosecutor, the team, the Technical Office and especially by the Judge,
p.000061: about the meaning, objectives and consequences of each of the actions and steps of the process.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 75, 77
p.000061: Art. 317.- Reservation guarantee.- The adolescent's private life and privacy will be respected in all instances of the
p.000061: process. The causes in which a teenager is involved will be processed confidentially. To their audiences only
p.000061: In addition to the judicial officials ordered by the Judge, the Teenage Prosecutor may attend
p.000061: Offenders, advocates, the adolescent, their legal representatives, and a family member or a trusted person,
p.000061: if so requested by the adolescent. The other persons who must intervene as witnesses or experts will remain in
p.000061: hearings the time strictly necessary to render their testimonies and reports and respond to
p.000061: interrogation of the parties.
p.000061: Any form of information dissemination that makes it possible to identify the adolescent or
p.000061: their families. Natural or legal persons who contravene the provisions of this article will be sanctioned in
p.000061: the form provided in this Code and other laws.
p.000061: Judicial, administrative and police officials will maintain secrecy and confidentiality about
p.000061: the criminal and police records of the adolescent offenders, who upon release have the right to
p.000061: have your file closed and destroyed. The original sentence or certified copy of it will be kept
p.000061: to keep a record for statistical purposes, for a possible filing of the appeal for review.
p.000061: With the exception of adolescents sentenced for crimes with a custodial sentence of more than ten years, the
p.000061: A criminal record certificate will not contain records of infractions committed while the person was
p.000061: Teen. Whoever does it will be subject to the sanctions of the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 251 CONSTITUTION OF
p.000061: THE REPUBLIC OF ECUADOR, Arts. 66
p.000061: Art. 318.- Guarantees of due process and challenge.- They are recognized in favor of the adolescent
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 81
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: all the guarantees of due process have been tried.
p.000061: The judicial resolutions are challengeable before the superior and the socio-educational measures applied
p.000061: are subject to revision, in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
...
p.000061: family environment and adequate defense; and,
p.000061: 7. Deprivation of liberty, in the exceptional cases indicated in the following articles.
p.000061: Art. 325.- Conditions for the precautionary measure of deprivation of liberty.- To ensure immediate
p.000061: of the adolescent with the process, he may proceed to his detention or his preventive internment, with attachment to
p.000061: the following rules:
p.000061: 1. Detention only proceeds in the cases of articles 328 and 329, by written and motivated order of a competent judge;
p.000061: 2. Adolescents deprived of liberty will be taken to adolescent detention centers
p.000061: offenders who guarantee their safety, well-being and rehabilitation;
p.000061: 3. Any form of solitary confinement for a teenager deprived of liberty is prohibited; and,
p.000061: 4. In any case of deprivation of liberty, the age of the person affected must be verified and, in cases of doubt, it will be applied
p.000061: the presumption of article 5 and will be subject to the provisions of this Code until said presumption is destroyed
p.000061: according to law.
p.000061: The official who contravenes the provisions of this article will be removed from office by the
p.000061: corresponding authority.
p.000061: Art. 326.- Reasons for apprehension.- Police officers and anyone can apprehend a teenager:
p.000061: a) When he is caught in flagrant infraction of public action. There is flagrancy when it is apprehended
p.000061: to the author at the same moment of the commission of the offense or immediately after its commission, if it is
p.000061: apprehended with weapons, instruments, prints or documents related to the offense just committed;
p.000061: b) When you have escaped from a specialized detention center in which you were complying with a partner measure -
p.000061: educational; and,
p.000061: c) When the competent Judge has ordered the deprivation of liberty.
p.000061: No adolescent may be detained without a trial formula for more than twenty-four hours. Elapsed
p.000061: said period without being resolved on his arrest, the Coordinator or person in charge of the Internment Center will set it
p.000061: immediately released.
p.000061: No child may be detained, even in the event of a flagrant offense. In this event, it must be delivered from
p.000061: immediately to their legal representatives and, if they do not have them, to a service entity. It is prohibited to receive a child in a
p.000061: Internment Center; and if in fact it happens, the Center Coordinator will be removed from his post.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 327.- Procedure in cases of apprehension.- In the cases of the previous article, if the apprehension
p.000061: of the adolescent is carried out by police officers, they must immediately send it to the
p.000061: Prosecutor for Teenage Offenders with a detailed report on the circumstances of the arrest, the
p.000061: material evidences and the identification of the possible witnesses and of the apprehensors.
p.000061: When it has been practiced by any other person, it must be delivered immediately to the police unit or agent
p.000061: closest, those that will proceed in the manner indicated in the previous paragraph.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 83
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p.000061: If the detainee shows signs of physical abuse, the Prosecutor will order his transfer to a
p.000061: health facility and will open the investigation to determine the cause and type of injuries and those responsible.
p.000061: When the fact that motivated the adolescent's deprivation of liberty is not classified as an offense
p.000061: By the Comprehensive Organic Penal Code, the Prosecutor will immediately release him.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 8 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 328.- Detention for investigation.- The competent Judge may order the detention, for up to twenty-four hours,
p.000061: of an adolescent against whom there are reasonable presumptions of responsibility for illegal acts, when
p.000061: requested by the Prosecutor, in order to investigate a public action violation and justify that it is
p.000061: the presence of the adolescent is essential for this.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 329.- Detention to ensure the appearance.- The Prosecutor may request the Judge to order the arrest of a
...
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 334-B.- Related crimes. In the event that there are related crimes, the measure will be imposed
p.000061: socio-educational of the most serious crime.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 85
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 335.- The procedural subjects.- The procedural subjects are: The Prosecutors of Teenage Offenders and the adolescent
p.000061: indicted. The victim may participate in the process according to the rules of this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 336.- Prosecutors of offending adolescents. Prosecutors for teen offenders have the following
p.000061: attributions:
p.000061: 1. Direct the pre-procedural and procedural investigation.
p.000061: 2. Decide if the exercise of criminal action is justified according to the merit of your investigation.
p.000061: 3. Procure the forms for early termination of the process, where appropriate.
p.000061: 4. Decide the referral, where appropriate.
p.000061: 5. Request admission to the protection system for victims, witnesses and other procedural subjects.
p.000061: 6. Direct the Police investigation in the cases it instructs.
p.000061: 7. The other functions indicated in the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 337.- The victim.- The victim may report the facts to the prosecutor, participate in the process and
p.000061: file appeals, when it deems necessary for the defense of their interests.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: Art. 338.- Offended in crimes of public criminal action.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 339.-Note: Article repealed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Chapter II
p.000061: Stages of judgment
p.000061: Art. 340.- Stages.- The process for judging the adolescent has these stages:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 86
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Instruction.
p.000061: 2. Evaluation and Trial Preparation.
p.000061: 3. Judgment.
...
p.000061: 7. The existence or not of an improper action by the private or public prosecutor or defender. In such a case
p.000061: will notify the judgment to the Judicial Council for the corresponding procedure.
p.000061: 8. The order to destroy samples of substances for crimes of illicit production or trafficking of substances
p.000061: listed subject to inspection.
p.000061: 9. The provision to the centers of adolescent offenders or zonal Units of integral development for adolescents
p.000061: violators of the obligation to report monitoring and control reports of the measure imposed.
p.000061: 10. The signature of the judge.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 363.- Existence of several sentenced adolescents.- If there are several adolescents
p.000061: sentenced, the judge must refer in the sentence to each of them and indicate if they are authors or accomplices; or,
p.000061: ratify their innocence. In the latter case, it will order the cessation of all precautionary measures.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 363-A.- Notification.- The resolutions adopted by the specialized juvenile offender judge that
p.000061: restrict freedom or those that declare the expiration, suspension, revocation or replacement of internment
p.000061: preventive, dismissal, prescription, as well as the sentence that declares responsibility or confirms the
p.000061: innocence, will be notified to the Ministry
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 95
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: in charge of justice and human rights affairs, and when relevant to the Police
p.000061: Specialized in Children and Adolescents and the National Directorate of Migration.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-B.- Time of the socio-educational measure.- The judge specialized in offending adolescents
p.000061: will determine precisely the time and mode of the socio-educational measure that the adolescent should
p.000061: comply.
p.000061: For the purposes of computing the sanction, they count every day of the year. It is understood that the day is twenty-four hours and
p.000061: the month thirty days. The duration of the preventive internment will be computed to the socio-educational measure. When in
p.000061: the preventive internment expires the time provided in the socio-educational measure, the judge will declare it
p.000061: extinguished and will order the immediate release of the adolescent, without the need for another document or requirement
p.000061: for it to become effective.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-C.- Opportunity to execute the socio-educational measure.- The socio-educational measure will be met a
p.000061: once the sentence is executed.
p.000061: No pregnant adolescent, whatever their gestation period, may be deprived of their liberty or be
...
p.002014: The Coordinator will present to the judge the reports of non-compliance with the measure, issued by the technical team of the
p.002014: Center for adolescent offenders or the zonal Unit for the comprehensive development of adolescent offenders, who then
p.002014: if this non-compliance is duly verified for reasons attributable to the adolescent, the superior measure will be imposed.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 388.- Continuity of compliance with socio-educational measures for adults.
p.002014: sentenced upon reaching the age of majority will continue with the imposed socio-educational measure. If it is a
p.002014: deprivation of liberty socio-educational measure, will remain in a special section in the same
p.002014: Teenage offenders.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 389.- Emerging exits.- The adolescent is guaranteed emergent exit from the center of
p.002014: institutional internment for:
p.002014: a) Receive specialized medical attention, when it cannot be provided at the center.
p.002014: b) Attend the burial of their ascendants or descendants in the first degree, their spouse or partner in common law, as well
p.002014: as if to visit them in their bed of serious illness.
p.002014: In these cases, the exits will be carried out under the supervision of the Specialized Police for Children and
p.002014: Adolescence, which will be responsible for returning the adolescent to the center, once the need has been met.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 390.- Comprehensive care model.- Socio-educational measures must be progressively fulfilled according to the
p.002014: individualized program and the guidelines of the comprehensive care model provided by the Regulations issued
p.002014: for its effect.
p.002014: The comprehensive care model is developed on five axes:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 103
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Self-esteem and autonomy: Awareness of responsibility for their actions, their human development will be promoted
p.002014: comprehensive and respect for the Law.
p.002014: 2. Education: constant learning will be encouraged, for which the entrance, re-entry and permanence in the
p.002014: the educational system, so that the use of free time will be aimed at pedagogical use
p.002014: educational.
p.002014: 3. Comprehensive health: there will be a comprehensive medical and clinical history. Constant checks will be made for the
p.002014: timely detection of possible diseases and provide preventive and curative health in addition to programs
p.002014: help, orientation and treatment in case of addictions and others.
p.002014: 4. Occupational work: To guarantee quality training that enables the older adolescent
...
p.002014: competent or for having been arrested for a flagrant crime.
p.002014: Teens detained for research will be admitted to an existing temporary reception section
p.002014: throughout the Teenage Offender Center.
p.002014: From the moment the adolescent enters the Center, they will be informed in a clear and simple way about their rights,
p.002014: duties, rules and routines of coexistence in the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 395.- Compulsory health examination.- Adolescents will undergo a medical examination at the time of their admission and
p.002014: of their departure from the centers of adolescent offenders and they will be provided, if necessary, care and treatment
p.002014: doctor.
p.002014: If there are indications of aggression against physical, psychological or sexual integrity, the health professional has the
p.002014: obligation to report this fact to the prosecution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 396.- Internal and external security of the centers of offending adolescents.- Internal security and
p.002014: external of the centers of deprivation of liberty of adolescents, will be the responsibility of the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: External security will be the responsibility of the specialized Police for Children and Adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 397.- Supervision and surveillance.- The specialized personnel responsible for the custody of the
p.002014: adolescents within the Centers and in the transfer, must guarantee their physical integrity, as well as
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 105
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: the safety of the centers and of the people who are in them.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 398.- Transfer.- The Coordinator, the adolescent, his legal representative, curator or person in charge of his care,
p.002014: You can request the Ministry in charge of justice and human rights matters to transfer you to the following
p.002014: cases:
p.002014: 1. Family closeness.
p.002014: 2. Suffering from one or more diseases for which the adolescent is in danger of death.
p.002014: 3. Need for specialized treatment, as a security measure, for a mental disorder, for which it will certify
p.002014: a psychiatrist with his report.
p.002014: 4. Teen or center safety.
p.002014: 5. Overcrowded conditions.
p.002014: Only the adolescent can appeal the transfer decision ordered by the Ministry in charge of the affairs of
p.002014: justice and human rights or their refusal, before the judge of offending adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
...
p.002014: committing a fault or by the staff of the centers. The names and surnames of the
p.002014: whistleblower, or any data that identifies him inside or outside the center.
p.002014: 2. The Center Coordinator will summon the parties involved, the parents, legal representative or person responsible for their
p.002014: carefully and will notify you with all the documents and other writings containing elements of conviction of the
p.002014: presumed committing a disciplinary offense in order to exercise his defense.
p.002014: 3. After twenty-four hours of notification, a hearing will be called in which the parties will be heard. The
p.002014: adolescent will always be heard as the last intervention. In the same hearing the tests that the
p.002014: parties or the Center Coordinator consider pertinent to
p.002014: CODE OF CHILDHOOD AND ADOLESCENCE - Page 110
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: verify the disciplinary offense or distort it.
p.002014: 4. The Center Coordinator at the same hearing, will resolve and record in writing the fact, the fault and the
p.002014: sanction or acquittal.
p.002014: In all cases where a judicial ruling is required, the administrative authority will send the file to
p.002014: juvenile offender judge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 421.- Disruption of order in the Centers for Teenage Offenders.- When there is a riot or a serious one
p.002014: disruption of order in a center, the Center Coordinator will request, if necessary, intervention
p.002014: of the specialized police for children and adolescents to the extent and the time necessary for the restoration of
p.002014: order.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 422.- Leakage.- In case of leakage, the Coordinator will arrange the immediate search and apprehension of the adolescent,
p.002014: all the means at their disposal and will bring this fact to the attention of the specialized judge.
p.002014: The entity in charge to establish the responsibility for said leak will also be informed, as well as the prosecution
p.002014: for your research.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 423.- Supplementary norms.- The norms contemplated in the Organic Comprehensive Penal Code are supplementary to this
p.002014: Book in what is not foreseen and in what is pertinent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: TITLE V
p.002014: PREVENTION OF CRIMINAL VIOLATION OF ADOLESCENTS
p.002014: Note: Title VI of the Fourth Book called "The prevention of criminal infraction of
p.002014: adolescents "and all its articles become part of the Fifth Book, and as Title V.-
p.002014: Articles 387.- Co-responsibility of the State and civil society, 388.- Supervision of the National Council of the
p.002014: Childhood and Adolescence, and 389.- Repeal, are numbered as articles 424, 425 and 426 respectively. Given by
p.002014: Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
...
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p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
...
p.000069: of profit, according to the law.
p.000069: The State will guarantee and promote the exercise of this right; mainly in terms of associations
p.000069: student, cultural, sports, labor and community.
p.000069: Any restriction on the exercise of this right, which is not expressly provided for in the law, is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Chapter VI
p.000069: Duties, capacity and responsibility of children and adolescents
p.000069: Art. 64.- Duties.- Children and adolescents have the general duties that the Political Constitution imposes on
p.000069: citizens, as long as they are compatible with their condition and evolutionary stage. They are specially obliged to:
p.000069: 1. Respect the Homeland and its symbols;
p.000069: 2. Know the reality of the country, cultivate the national identity and respect its multiculturalism; exercise and defend
p.000069: effectively your rights and guarantees;
p.000069: 3. Respect the rights and individual and collective guarantees of others;
p.000069: 4. Cultivate the values ​​of respect, solidarity, tolerance, peace, justice, equity and democracy;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 16
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 5. Fulfill your responsibilities regarding education;
p.000069: 6. Act honestly and responsibly at home and at all stages of the educational process;
p.000069: 7. Respect their parents, teachers and those most responsible for their care and education; and,
p.000069: 8. Respect and contribute to the preservation of the environment and natural resources.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 83
p.000069: Art. 65.- Validity of legal acts.- The legal capacity regarding acts held by children and
p.000069: adolescents will comply with the provisions of the Civil Code, except in the following cases:
p.000069: 1. The acts and contracts of adolescents who have not turned fifteen are relatively null without prejudice to
p.000069: the validity that the law confers for the celebration of certain acts;
p.000069: 2. People who have turned fifteen also have the legal capacity to enter into
p.000069: work according to the rules of this Code; and,
p.000069: 3. To celebrate the acts and contracts that are included in the object of an organization
p.000069: student, labor, cultural, artistic, environmental, sports or neighborhood, of which they are legal representatives or legitimate
p.000069: representatives in the exercise of their right of association and whose amount does not exceed two thousand dollars.
p.000069: Adolescents may directly exercise those legal actions aimed at the exercise and protection of their
...
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
p.000069: the delivery or receipt of undue payments or benefits aimed at obtaining the consent of
p.000069: the parents, persons or institution in whose charge the child or adolescent is.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 46
p.000069: Art. 71.- Concept of loss of children or adolescents.- For the purposes of this Code, it is considered
p.000069: loss of children or adolescents, their voluntary or involuntary absence from the home, educational establishment or
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
p.000069: fundamental.
p.000069: Art. 73.- Duty of protection in cases of abuse.- It is the duty of all people to intervene in the act to
p.000069: protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
...
p.000069: economic and social resources that assure the family the sufficient resources to fulfill their duties and
p.000069: responsibilities for the integral development of its members, especially children and adolescents.
p.000069: Art. 98.- Biological family.- Biological family is understood as the one formed by the father, the mother, their descendants,
p.000069: ascendants and collaterals up to the fourth degree of consanguinity.
p.000069: Adopted children and adolescents are assimilated to biological children. For all intents and purposes the father and the
p.000069: adoptive mothers are considered as parents.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: Art. 99.- Filiation unit.- All children are equal before the law, the family and society. I know
p.000069: prohibits any indication that establishes differences of affiliation and require statements indicating their
p.000069: modality.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 69
p.000069: Art. 100.- Parental responsibility.- The father and the mother have equal responsibilities in the direction and
p.000069: home maintenance, care, upbringing, education, comprehensive development and protection of rights
p.000069: of their common sons and daughters.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 282, 287, 471, 473
p.000069: Art. 101.- Reciprocal rights and duties of the parental relationship.- Parents and their children owe each other
p.000069: affection, solidarity, relief, respect and the necessary considerations so that each one can realize the rights and
p.000069: attributes inherent in their personhood and fulfill their respective roles and responsibilities within the
p.000069: family and society.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 26
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 102.- Specific duties of parents.- Parents have the general duty to respect,
p.000069: protect and develop the rights and guarantees of their sons and daughters. For this effect they are obliged to provide what
p.000069: adequate to meet their material, psychological, emotional, spiritual and intellectual needs, in the form
p.000069: established by this Code.
p.000069: Consequently, parents must:
p.000069: 1. Provide their sons and daughters with what is necessary to satisfy their material requirements and
...
p.000069: 6. Ensure their participation in the decisions of family life, according to their evolutionary degree;
p.000069: 7. Promote the practice of recreational activities that contribute to the family unit, their physical health
p.000069: and psychological;
p.000069: 8. Apply preventive measures compatible with the rights of the child and adolescent; and,
p.000069: 9. Comply with the other obligations indicated in this Code and more laws.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 268, 273, 278 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 103.- Fundamental duties of sons and daughters.- Sons and daughters must:
p.000069: 1. Maintain a responsible and respectful behavior that provides their parents with the appropriate
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
p.000069: in case of illness, during the elderly and when they have a disability that does not allow them
p.000069: fend for themselves; and,
p.000069: 3. Collaborate in household chores, according to their age and development, as long as they do not interfere with their activities
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
p.000069: obligations of parents regarding their non-emancipated sons and daughters, regarding care, education, development
p.000069: comprehensive, defense of children's rights and guarantees in accordance with the Constitution and the law.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46, 69
p.000069: Art. 106.- Rules to entrust the exercise of parental authority.- To entrust parental authority in cases
p.000069: provided for in article 325 of the Civil Code, the Judge, after hearing the adolescent, the boy or girl who are in
p.000069: conditions to express their opinion will observe the following rules:
...
p.000069: TITLE III
p.000069: OF THE TENURE
p.000069: Art. 118.- Provenance.- When the Judge deems more convenient for the integral development of the son or daughter of the family,
p.000069: entrust their care and upbringing to one of the parents, without altering the joint exercise of parental authority,
p.000069: It will entrust its tenure following the rules of article 106.
p.000069: You can also entrust the possession with attribution of one or more of the rights and obligations
p.000069: included in parental authority, always taking into account the convenience indicated in the subsection,
p.000069: previous.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 119.- Modifications of tenure resolutions.- Tenure resolutions are not enforceable. The
p.000069: Judge may alter them at any time if it is proven that this is in accordance with the proper enjoyment and exercise of rights.
p.000069: of the family son or daughter.
p.000069: If it is a change of tenure; it will be done in a way that does not produce psychological harm to the son or daughter, to
p.000069: which the Judge must order support measures for the son or daughter and their parents.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 120.- Immediate execution.- Resolutions on tenure will be fulfilled immediately, having
p.000069: resort to personal pressure and the search of the home where the child is presumed to be,
p.000069: girl or teenager, if necessary. No jurisdiction will be recognized that prevents or hinders the
p.000069: compliance with the resolution.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 924, 925
p.000069: Art. 121.- Recovery of the son or daughter.- When a boy, girl or adolescent has been taken to
p.000069: foreigner in violation of the provisions of this Code and judicial decisions on
p.000069: exercise of parental authority and tenure, the competent State agencies shall arbitrate
p.000069: immediately all the necessary measures for his return to the country. For the same effect, the Judge will exhort the
p.000069: competent judges of the state where the child or
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 31
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Teen.
p.000069: TITLE IV
p.000069: OF THE RIGHT TO VISITS
p.000069: Art. 122.- Obligation.- In all cases in which the Judge entrusts the possession or exercise of parental authority to
p.000069: one of the parents must regulate the regime of visits that the other may make to the son or daughter.
p.000069: When a protection measure has been decreed in favor of the son or daughter due to physical violence,
p.000069: psychological or sexual, the judge may deny the visitation regime with respect to the aggressor parent, or regulate visits
...
p.000069: as a consequence of adoption. Who conditions the consent for the adoption to an economic consideration
p.000069: and whoever mediates in this matter for profit, will be sanctioned as provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248, 252
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 44
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 156.- Limitation on the separation of siblings.- Only in exceptional cases may they be separated, for
p.000069: cause of adoption, children or adolescent siblings who have family relationships with each other. When i will
p.000069: hiciere, the necessary measures must be taken to ensure that the personal relationship and communication are preserved
p.000069: among them.
p.000069: The opinion of the boy or girl who expresses the desire to stay with their siblings, as well as the verification of a
p.000069: affective bond between them, must be specially considered by the Judge as antecedents that make
p.000069: adoption not recommended. In the same case, the Judge may not order the adoption against the express will of the
p.000069: Teen.
p.000069: Art. 157.- Age of the adoptee.- Only people under the age of eighteen can be adopted. By exception, the
p.000069: adult adoption in the following cases:
p.000069: a) When they have a relationship of kinship with the candidate for adoption within the fifth degree of consanguinity;
p.000069: b) When they have been integrated into the home of the candidate for adoption in foster care for a period of not less than
p.000069: two years;
p.000069: c) When they have been integrated into the candidate's home since childhood, or since adolescence for a period of
p.000069: less than four years; and,
p.000069: d) When it comes to adopting the spouse's child.
p.000069: In no case may persons over the age of twenty-one be adopted.
p.000069: Article 158.- Legal capacity of the child or adolescent to be adopted.- The Judge may only declare that a child,
p.000069: girl or adolescent is in legal capacity to be adopted, when the investigations
p.000069: carried out is established without a doubt that it is found in any of the following cases:
p.000069: 1. Orphanhood with respect to both parents;
p.000069: 2. Impossibility of determining who are their parents or, where appropriate, their relatives up to the third degree of
p.000069: consanguinity;
p.000069: 3. Deprivation of parental authority to both parents; and,
p.000069: 4. Consent of the father, mother, or both parents, as appropriate, that would not have been
p.000069: deprived of parental authority.
p.000069: In the cases of numerals 1, 3 and 4 the Judge will declare the adoptability whenever, in addition to the circumstances
...
p.000061: Protective measures impose on the State, its officials or employees or any individual, including
p.000061: parents, relatives, caregivers, teachers, educators, and the child himself or herself
p.000061: adolescents, certain actions in order to stop the act of threat, restore the right that has
p.000061: been violated and ensure permanent respect for their rights.
p.000061: Art. 216.- Concurrence of measures: One or more protection measures may be decreed for the same case and applied in
p.000061: simultaneously or successively. Its application does not prevent the imposition of sanctions that the case warrants.
p.000061: Art. 217.- List of protection measures.- Protection measures are
p.000061: administrative and judicial.
p.000061: In addition to those contemplated in Title IV of the First Book and in other legal bodies, they are measures
p.000061: administrative protection:
p.000061: 1. Actions of an educational, therapeutic, psychological or material support nature to the family nucleus, to preserve,
p.000061: strengthen or reestablish their ties for the benefit of the child or adolescent;
p.000061: 2. The order of care of the child or adolescent in their home;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 59
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 3. The family reintegration or return of the boy and girl to their biological family;
p.000061: 4. The order of insertion of the child or adolescent or of the person involved in the threat or violation of the
p.000061: right, in any of the protection programs contemplated by the System and which, in the judgment of the competent authority,
p.000061: it is the most appropriate according to the type of violating act, such as the order to carry out investigations
p.000061: necessary for the identification and location of the child or adolescent or their relatives and the
p.000061: clarification of the social, family and legal situation of the child or adolescent, the order to execute
p.000061: a specific action for the restitution of the violated right, such as: imposing on parents the
p.000061: enrollment of the child or adolescent in the Civil Registry or arrange for a health facility to provide
p.000061: urgent care or that an educational establishment proceed to enroll it, etc .;
p.000061: 5. The temporary removal of the person who has threatened or violated a right or guarantee, from the place where they live with
p.000061: the affected child or adolescent; and,
p.000061: 6. Emergency custody of the affected child or adolescent, in a family home or a care entity,
p.000061: up to seventy-two hours, during which time the Judge will order the corresponding protection measure.
p.000061: The following are judicial measures: foster care, institutional foster care and adoption.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 67
p.000061: Art. 218.- Competent authority and authorized entities.- They are competent to order the measures of
p.000061: protection referred to in this title, the Judges of Children and Adolescents, the Cantonal Protection Boards of
p.000061: Rights and care entities in the cases contemplated in this Code.
p.000061: Judicial protection measures can only be ordered by the Children's Judges and
p.000061: Adolescence.
p.000061: Administrative measures can be ordered interchangeably by the Children's Judges and
p.000061: Adolescence and the Cantonal Boards for the Protection of Rights, according to those who have prevented the knowledge of the
p.000061: facts that justify them.
p.000061: Care entities may only order administrative protection measures, in cases expressly
p.000061: provided for in this Code.
p.000061: Of the measures provided by the Cantonal Boards of Protection of Rights and the attention entities can
...
p.000061: Chapter II
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 60
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Foster care
p.000061: Art. 220.- Concept and purpose.- Foster care is a temporary measure of protection provided
p.000061: by the judicial authority, which aims to provide a child or adolescent deprived of their environment
p.000061: family, an ideal family and appropriate to their needs, characteristics and conditions.
p.000061: During the execution of this measure, it will seek to preserve, improve or strengthen family ties,
p.000061: prevent abandonment and seek the insertion of the child or adolescent into their biological family,
p.000061: involving parents and relatives.
p.000061: Art. 221.- Limitation on foster care.- The poverty situation of parents and relatives within
p.000061: of the third degree of inbreeding in a straight or collateral line is not in itself sufficient reason to resolve the
p.000061: foster care.
p.000061: Art. 222.- Foster care conditions.- Foster care must comply with the following
p.000061: terms:
p.000061: 1. Run in a home previously qualified for this purpose, by the competent authority;
p.000061: 2. Run in a home that, due to its location, allows the children and adolescents subject
p.000061: to the extent, normally participate in community life and can use all the services that it
p.000061: offers;
p.000061: 3. Assure children and adolescents an adequate socialization process and guarantee them security and
p.000061: emotional and affective stability; and,
p.000061: 4. Guarantee that the relationships of the foster child or adolescent develop in a family context and are
p.000061: personalized, so that the construction of their identity and the development of the
p.000061: personality.
p.000061: The regulation will establish the requirements that the foster parents must meet and more conditions that they must
p.000061: meet for the declaration of suitability.
p.000061: Art. 223.- Right to financial contribution.- The boy, girl or adolescent who is in
p.000061: Foster care has the right to receive from their relatives up to the third degree of
p.000061: consanguinity, and in the absence or impossibility of these, by the State and sectional governments,
p.000061: a monthly financial contribution sufficient to cover their needs for the duration of the foster care. The
p.000061: The amount of this financial contribution will be fixed every six months by the Judge for Children and Adolescents.
p.000061: Art. 224.- Executors of foster care.- Foster care will be carried out through families
p.000061: registered with a service entity authorized to carry out these programs.
p.000061: In order to execute a foster care program, the care entity, in addition to meeting the general standards,
...
p.000061: In cases where public action is granted, they can propose administrative protection action:
p.000061: 1. The affected child or adolescent;
p.000061: 2. Any member of your family, up to the fourth degree of consanguinity and second of affinity;
p.000061: 3. The Ombudsman's Office;
p.000061: 4. The Community Defenders; and,
p.000061: 5. Any other person or entity that has an interest in it.
p.000061: Art. 237.- Beginning of the procedure.- The administrative procedure for the protection of rights can be initiated from
p.000061: ex officio or by verbal or written complaint in which it will be indicated:
p.000061: 1. The organism before which he appears;
p.000061: 2. The names, surnames, age and address of the complainant and the quality in which he appears;
p.000061: 3. The most detailed identification possible of the affected child or adolescent;
p.000061: 4. The most detailed possible identification of the person or entity reported; and,
p.000061: 5. The circumstances of the denounced fact, indicating the right affected or the
p.000061: imputed irregularity.
p.000061: Within forty-eight hours of knowing the fact or receiving the complaint, the agency,
p.000061: The administrative officer will take notice and will set the day and time for the answering hearing.
p.000061: The summons for the hearing will be practiced personally or through a ballot left at home.
p.000061: of the aforementioned in business day and time.
p.000061: Art. 238.- Hearing.- The oral arguments of the parties will be heard at the hearing, beginning with the complainant,
p.000061: after which the adolescent, in any case, or the boy or girl who is in conditions of
p.000061: Express your opinion.
p.000061: The substantive body will then seek conciliation between the parties, if the nature of the matter so
p.000061: allows, in accordance with the law. Likewise, you can refer the case to a specialized center for
p.000061: mediation.
p.000061: If the parties reconcile, a protection measure will be established to promote relations between those affected
p.000061: and the mechanisms for evaluating and monitoring the measure will be determined. Otherwise, if there are facts that
p.000061: must be proven, the substantiating body will immediately convene a new hearing for the surrender of
p.000061: tests, which must be held no later than the following five business days.
p.000061: The substantiating body shall have the power to order the tests and investigations that it considers
p.000061: necessary.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 121
p.000061: Art. 239.- Evidence hearing.- The parties will present all their evidence at the same hearing, after which they may
p.000061: verbally present their allegations, beginning with the complaining party. If the substantive body deems it
p.000061: necessary for the extension of the tests, may establish a recess of up to three business days.
p.000061: Art. 240.- Resolution.- The substantiating body will pronounce its final resolution in the same hearing or, more
p.000061: take, within two business days.
...
p.000061: new circumstances. Consequently, no adolescent may be tried more than once for the same cause.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 321.- Exceptional deprivation of liberty:
p.000061: The deprivation of freedom of the adolescent will only be ordered as a last resort, by written order of the Judge
p.000061: competent, in cases, for time and with the formalities prescribed by law. The internment
p.000061: preventive may be revoked at any stage of the process, ex officio or at the request of a party.
p.000061: Art. 322.- Separation of adults.- The adolescent who is detained, interned
p.000061: preventively or complying with a measure of deprivation of liberty, will do so in centers
p.000061: specialists who ensure their separation from adults also detained.
p.000061: TITLE III
p.000061: OF PRECAUTIONARY MEASURES
p.000061: Art. 323.- Object.- Precautionary measures are intended to ensure the adolescent's immediacy with the process and
p.000061: your eventual civil liability or that of your representative. These measures are of restrictive application. It's prohibited
p.000061: impose precautionary measures not provided for in this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 324.- Precautionary measures of a personal nature.- The Judge may order the following precautionary measures
p.000061: of a personal nature:
p.000061: 1. The adolescent's permanence in his own home, with the vigilance that the Judge provides;
p.000061: 2. The obligation to submit to the care of a care person or entity, who will inform
p.000061: regularly to the judge about the adolescent's behavior;
p.000061: 3. The obligation to appear before the Judge with the periodicity that the latter orders;
p.000061: 4. The prohibition to be absent from the country or town indicated by the Judge;
p.000061: 5. The prohibition to attend the places or meetings determined by the Judge;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 82
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 6. The prohibition to communicate with certain people that the Judge indicates, provided that this does not affect their right to
p.000061: family environment and adequate defense; and,
p.000061: 7. Deprivation of liberty, in the exceptional cases indicated in the following articles.
p.000061: Art. 325.- Conditions for the precautionary measure of deprivation of liberty.- To ensure immediate
p.000061: of the adolescent with the process, he may proceed to his detention or his preventive internment, with attachment to
p.000061: the following rules:
p.000061: 1. Detention only proceeds in the cases of articles 328 and 329, by written and motivated order of a competent judge;
p.000061: 2. Adolescents deprived of liberty will be taken to adolescent detention centers
p.000061: offenders who guarantee their safety, well-being and rehabilitation;
p.000061: 3. Any form of solitary confinement for a teenager deprived of liberty is prohibited; and,
...
p.002014: achieve adolescent adaptation to their family and social environment.
p.002014: CODE OF CHILDHOOD AND ADOLESCENCE - Page 99
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 4. Service to the community: they are concrete activities of community benefit imposed by the judge,
p.002014: so that the adolescent can carry them out without undermining their integrity and dignity, or affecting their
p.002014: academic or work obligations, taking into account their age, aptitudes, abilities and skills,
p.002014: and the socio-educational benefit they report.
p.002014: 5. Assisted freedom: is the state of freedom conditioned on compliance with guidelines and restrictions
p.002014: of conduct set by the judge, subject to guidance, assistance, supervision and evaluation,
p.002014: forcing the adolescent to comply with educational programs, receive orientation and follow-up, with the
p.002014: assistance from specialists and people with knowledge or skills in the treatment of adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Jurisprudence:
p.002014: Judicial Gazette, TRIAL FOR QUALIFIED THEFT, Apr 26, 2012
p.002014: Art. 379.- Socio-educational measures depriving liberty.- The socio-educational measures depriving liberty are:
p.002014: 1. Home internment: it is the partial restriction of freedom by which the adolescent does not
p.002014: You can leave your home, except to attend the establishment of studies, health and work.
p.002014: 2. Weekend confinement: is the partial restriction of liberty by virtue of which the
p.002014: adolescent will be required to attend weekends at the Center for Teenage Offenders, allowing him
p.002014: maintain family relationships and normally go to the establishment of studies or work.
p.002014: 3. Internment with a semi-open regime: it is the partial restriction of freedom by which the
p.002014: adolescent enters a center for offending adolescents, without impeding their right to attend
p.002014: usually to the study or work establishment.
p.002014: 4. Institutional Internment: it is the total deprivation of the freedom of the adolescent, who enters a Center of
p.002014: Teenage offenders, without prejudice to the application of the programs established for their treatment.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Jurisprudence:
p.002014: Judicial Gazette, INJURIES, Mar 29, 2012 Judicial Gazette, MURDER, Apr 2, 2012
p.002014: Judicial Gazette, QUALIFIED THEFT, Nov 26, 2012
p.002014: CHAPTER IV
p.002014: REGIMES FOR THE EXECUTION OF SOCIO-EDUCATIONAL MEASURES PRIVATIVE OF FREEDOM
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 380.- Regimes of execution of the socio-educational measure of Institutional Internment.- The execution of the
p.002014: Socio-educational measure of institutional internment, will be carried out under the following regimes:
p.002014: 1. Closed.
...
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Article 384.- Application of socio-educational measures in contraventions.- For cases of
p.002014: contraventions, the warning measure will be applied to the adolescent and the parents' attention call and one or more of
p.002014: the following measures:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 101
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: a) Imposition of rules of conduct from one to three months.
p.002014: b) Orientation and psycho-family partner support from one to three months.
p.002014: c) Community services of up to one hundred hours.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 385.- Application of socio-educational measures in crimes sanctioned in the Comprehensive Organic Penal Code.
p.002014: The socio-educational measures applicable to crimes sanctioned in the Comprehensive Organic Penal Code are:
p.002014: 1. For cases of crimes punishable by a custodial sentence of more than one month to five years, the
p.002014: the warning measure and one or more of the following measures:
p.002014: a) Imposition of rules of conduct from one to six months.
p.002014: b) Orientation and psycho-family partner support from three to six months.
p.002014: c) Community services from one to six months.
p.002014: d) Freedom from three months to one year.
p.002014: e) Home stay from three months to one year.
p.002014: f) Internment for a weekend of one to six months.
p.002014: g) Hospitalization with a semi-open regime of three months to one year.
p.002014: 2. For cases of crimes punishable by a custodial sentence of more than five years and up to ten years,
p.002014: The warning measure and one of the following measures will apply:
p.002014: a) Home stay from six months to one year.
p.002014: b) Weekend internment from six months to one year.
p.002014: c) Internment with a semi-open regime of six months to two years.
p.002014: d) Institutional internment from one to four years.
p.002014: 3. For cases of crimes punished with a custodial sentence of more than ten years,
p.002014: The measure of reprimand and institutional confinement will apply for four to eight years.
p.002014: Additionally, and six months before the conclusion of this socio-educational measure, an evaluation will be carried out
p.002014: comprehensive that will determine the need for monitoring and control for up to two years after
p.002014: compliance with the measure.
p.002014: For cases of crimes against sexual and reproductive integrity, the specialized judge in
p.002014: Teenage offenders will also impose the obligation for the adolescent to attend sex education programs,
p.002014: within the treatment of socio-educational measures.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 386.- Request to apply or modify the execution regimes.- The judge
p.002014: specialized in adolescent offenders will process the application or modification request in a hearing
p.002014: of the regime of execution of the socio-educational measure of internment.
p.002014: The modification is applied after the presentation of the reports issued by the technical team of the
p.002014: Teenage offenders where he is complying with the measure.
p.002014: The request will be submitted by the offending adolescent, their public or private defender or by the
p.002014: Coordinator of the Center, if it meets the scheduled time for each execution regime.
p.002014: The adolescent, his legal representatives or those responsible for his care and his
p.002014: public or private defender.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 102
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: The Center Coordinator, based on the motivated reports of the technical team, may request the Judge to
p.002014: revocation of a modification granted. Before deciding, the Judge will listen to the adolescent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 387.- Non-compliance with socio-educational measures.- In case of non-compliance with the socio-educational measures of
p.002014: imposition of rules of conduct, counseling and psycho-family partner support or community service, the
p.002014: Judge will impose the measure of assisted liberty or home confinement for the remaining time of the
p.002014: initial measure.
p.002014: In case of non-compliance with the socio-educational measures of assisted freedom, home internment,
p.002014: weekend internment and semi-open internment, the judge will impose the measure
p.002014: immediately superior socio-educational for the remaining time of the initial measurement.
p.002014: When the teenager runs away from the establishment, he will be prosecuted for the crime of evasion, without prejudice
p.002014: that when apprehended again the missing time of the initial measure will be fulfilled.
p.002014: The Coordinator will present to the judge the reports of non-compliance with the measure, issued by the technical team of the
p.002014: Center for adolescent offenders or the zonal Unit for the comprehensive development of adolescent offenders, who then
p.002014: if this non-compliance is duly verified for reasons attributable to the adolescent, the superior measure will be imposed.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 388.- Continuity of compliance with socio-educational measures for adults.
p.002014: sentenced upon reaching the age of majority will continue with the imposed socio-educational measure. If it is a
p.002014: deprivation of liberty socio-educational measure, will remain in a special section in the same
p.002014: Teenage offenders.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
...
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 399.- Security criteria in the centers of offending adolescents.- The security criteria
p.002014: that are applied in the centers of adolescent offenders are:
p.002014: 1. The discipline based on training programs aimed at developing the skills of the
p.002014: adolescent, enrich their knowledge, improve their technical, professional or occupational skills and
p.002014: make up for its shortcomings.
p.002014: 2. The adolescent's stay in a harmonious place free of coercive measures, always oriented towards
p.002014: family support and therapeutic social care.
p.002014: 3. Education, through compulsory schooling, educational options, physical culture and
p.002014: general instruction and sociocultural and sports activities.
p.002014: 4. Integral health and permanent treatment.
p.002014: 5. The visiting regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER I
p.002014: THE TREATMENT
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 400.- Individual plan of application of the socio-educational measure.- For adolescents at liberty
p.002014: assisted, home hospitalization, weekend hospitalization, hospitalization with semi-open regime and
p.002014: institutional internment, individual plans of application of the socio-educational measure will be elaborated and executed,
p.002014: in accordance with the respective Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 401.- Programs.- The programs carried out in the centers will be framed in the following categories:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 106
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Education program that includes basic and higher, formal and informal instruction that contributes to the development of
p.002014: motor, psycho-affective and cognitive learning abilities and skills, in order to guarantee their access and
p.002014: permanence to the educational system.
p.002014: 2. Program to reduce violence and sexual assault.
p.002014: 3. Physical culture and sports program.
p.002014: 4. Cultural and artistic program.
p.002014: 5. Physical, sexual and mental health program.
p.002014: 6. Program of labor, productive and community service activities.
p.002014: 7. Crafts and plastic arts program.
p.002014: 8. Program that strengthens family ties.
p.002014: 9. Participation and human rights program.
p.002014: 10. Agricultural promotion and development program.
...
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p.000069: work according to the rules of this Code; and,
p.000069: 3. To celebrate the acts and contracts that are included in the object of an organization
p.000069: student, labor, cultural, artistic, environmental, sports or neighborhood, of which they are legal representatives or legitimate
p.000069: representatives in the exercise of their right of association and whose amount does not exceed two thousand dollars.
p.000069: Adolescents may directly exercise those legal actions aimed at the exercise and protection of their
p.000069: rights and guarantees. Boys and girls may directly request help for the protection of their rights when
p.000069: they must direct the action against their legal representative.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 82 CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: CIVIL CODE (BOOK IV), Arts. 1453, 1461, 1462, 1463, 1486
p.000069: COMMERCE CODE, Arts. 6, 8, 9, 483 LABOR CODE, Arts. 35
p.000069: Art. 66.- Responsibility of children and adolescents.- Boys and girls are exempt from responsibility
p.000069: legal. For their harmful acts and acts, their parents or guardians will respond civilly in cases and forms.
p.000069: provided for in the Civil Code.
p.000069: Adolescents are responsible for their legal acts and illegal acts, under the terms of this Code. its
p.000069: civil liability for the acts or contracts they enter into will be effective on their professional property
p.000069: or industrial or on the assets of the association that they represent in accordance with the provisions of the previous article,
p.000069: according to the case.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1698, 1702, 2219, 2220, 2221
p.000069: TITLE IV
p.000069: OF THE PROTECTION AGAINST MISTREAT, ABUSE, SEXUAL EXPLOITATION, TRAFFICKING AND LOSS OF CHILDREN AND ADOLESCENTS
p.000069: Art. 67.- Concept of mistreatment.- Abuse is understood as all conduct, of action or omission, that causes or may
p.000069: cause harm to the physical, psychological or sexual integrity or health of a child or adolescent by
p.000069: anyone, including their parents, other relatives,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 17
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: educators and caregivers; Whatever the means used for the effect, its consequences and
p.000069: the time necessary for the recovery of the victim. The treatment is included in this rating
p.000069: negligent or serious or repeated negligence in fulfilling the obligations towards children and
p.000069: adolescents, relating to the provision of food, nutrition, medical care, education or care
p.000069: newspapers; and its use in begging.
p.000069: Psychological abuse is the one that causes emotional disturbance, psychological alteration or a decrease in self-esteem
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
p.000069: authority or person in charge of the institution or establishment to which it belongs.
p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 28 CIVIL CODE (BOOK I), Arts. 571
p.000069: CIVIL CODE (BOOK IV), Arts. 1464, 1981, 1983, 1998, 2035, 2058, 2064, 2076 LAW AGAINST VIOLENCE OF WOMEN AND
p.000069: FAMILY, Arts. 2, 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. eleven
p.000069: Art. 68.- Concept of sexual abuse.- Without prejudice to the provisions of the Penal Code on the matter,
...
p.000069: The provisions of rule No. 1 of article 106 and the final paragraph of said article shall apply.
p.000069: If there is no agreement between the parents or the relatives requesting the fixation, or if the agreement to which
p.000069: have arrived is inconvenient for the rights of the son or daughter, the judge will regulate the visits taking into account:
p.000069: 1. If it is a parent, the way in which the parent has fulfilled his parental obligations; and,
p.000069: 2. The technical reports they deem necessary.
p.000069: Art. 124.- Extension.- The Judge will extend the regime of visits to ascendants and other blood relatives until
p.000069: the fourth degree of the collateral line, under the conditions contemplated in this title. You can also
p.000069: Do it with respect to other people, relatives or not emotionally linked to the child or adolescent.
p.000069: Art. 125.- Undue retention of the son or daughter.- The father, the mother or any person who unduly retains the
p.000069: son or daughter whose parental authority, possession or guardianship have been entrusted to another, or who hinders the
p.000069: visits, may be judicially required to deliver it immediately to the person who must have it and
p.000069: will be obliged to compensate the damages caused by the undue retention, including the expenses caused by the
p.000069: requirement and restitution.
p.000069: If the requested does not comply with the order, the Judge will decree personal compulsion against him, without
p.000069: prejudice to order, without the need for a prior resolution, the search of the property in which
p.000069: finds or is supposed to find the son or daughter, to achieve recovery.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 272
p.000069: CIVIL PROCEDURE CODE, Arts. 925, 928
p.000069: TITLE V
p.000069: OF THE RIGHT TO FOOD
p.000069: Note: Title with its respective articles replaced by Law No. 00, published in Official Gazette Supplement 643 of
p.000069: July 28, 2009.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 32
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CHAPTER I
p.000069: Food law
p.000069: Art. 1.- Scope and relationship with other legal bodies.- This Title regulates the right to food of children,
p.000069: girls, adolescents, and adults considered as holders of rights established in this Law.
p.000069: with respect to other persons who enjoy this right, the provisions on maintenance of the Code will apply
p.000069: Civil.
p.000069: Art. 2.- Of the right to maintenance.- The right to maintenance is inherent to the parental-filial relationship and is
p.000069: related to the right to life, survival and a decent life. It implies the guarantee of providing the
p.000069: resources necessary to satisfy the basic needs of food that includes:
p.000069: 1. Nutritious, balanced and sufficient food;
p.000069: 2. Comprehensive health: prevention, medical care and provision of medicines;
p.000069: 3. Education;
p.000069: 4. Beware;
p.000069: 5. Adequate clothing;
p.000069: 6. Safe, hygienic and equipped with basic services;
p.000069: 7. Transportation;
p.000069: 8. Culture, recreation and sports; and,
p.000069: 9. Rehabilitation and technical aids if the beneficiary has a temporary disability or
p.000069: definitive.
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p.000069: admitted the delay of the cause through the request of new evidence, except
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 35
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p.000069: that it be founded and prove the breach of the conditions provided in this law.
p.000069: Art. 14.- How to provide alimony.- The Judge will fix the payment of the alimony and subsidies and
p.000069: mainly additional benefits, and, if requested by the food company or its representative, to
p.000069: through the deposit of a sum of money that must be made in advance monthly payments,
p.000069: within the first five days of each month, and, in the case of subsidies and additional benefits, on the date indicated
p.000069: for the effect; in the account indicated for it, whose deposit certificate will constitute proof for
p.000069: demonstrate the payment or lack of in favor of the beneficiary / or of who legally represents it.
p.000069: In addition, payment of alimony and subsidies and additional benefits of
p.000069: as follows:
p.000069: a) The constitution of usufruct rights, the receipt of a rental pension or other similar mechanism,
p.000069: that ensure income or other fruits sufficient for the due provision of food of the beneficiary; and,
p.000069: b) The direct payment or satisfaction by the obligor of the beneficiary's needs that
p.000069: determine the Judge.
p.000069: In the case of usufruct or the perception of the rental income from real estate, the Judge will verify
p.000069: that are not limited by other real or personal rights or affected by embargo,
p.000069: prohibition to alienate or encumber, antichresis or any other encumbrance or contract that affects or may prevent
p.000069: or hinder said enjoyment or perception. The resolution that decrees them will be registered in the Registry of the
p.000069: Property of the canton where the property is located.
p.000069: The beneficiary son or daughter shall not be obliged to prepare an inventory or pay the bond that the law requires the
p.000069: usufructuary.
p.000069: In no case shall the child or adolescent whose custody and care have been entrusted to the other parent be obligated
p.000069: or a third party, to live with the person who is obliged to provide food, on the pretext that it
p.000069: be a form of alimony in kind.
p.000069: Art. 15.- Parameters for the elaboration of the Table of Minimum Alimony Pensions.- The Ministry
p.000069: in charge of economic and social inclusion issues, will define the Minimum Alimony Plan based on
p.000069: the following parameters:
p.000069: a) The basic needs by age of the fed in the terms of the present Law;
p.000069: b) The income and resources of him or the supporters, valued in relation to their ordinary income
p.000069: and extraordinary, expenses typical of their way of life and their direct dependents;
p.000069: c) Structure, distribution of family spending and income of the food and beneficiaries; and,
p.000069: d) Inflation.
p.000069: In no case may the Judge set a lower value than that determined in the Pension Table
p.000069: Minimum Food. However, you may set a higher pension than that established therein, depending
p.000069: of the merit of the evidence presented in the process.
p.000069: The pensions established in the table will be automatically indexed within the first fifteen days
p.000069: of the month of January of each year, considering also the inflation index published by the National Institute of
...
p.000069: planned. These fines will be deposited in the account that the claimant has credited for the deposit
p.000069: of alimony.
p.000069: Art. 19.- Payment through the financial system.- In the first ruling the Judge will order that the rightful holder
p.000069: or his representative determines the current or savings account in which the alimony must be deposited.
p.000069: Art. 20.- Breach of what is owed.- In case of default in the payment of two or more pensions
p.000069: alimony, whether or not successive, the Judge will order the prohibition to leave the country of the debtor and its incorporation
p.000069: in the debtor registry that the Judicial Council will establish for this purpose.
p.000069: The debtor registry of the corresponding jurisdiction will be published on the Council's website
p.000069: of the Judiciary and this in turn will forward the list to the Superintendency of Banks and
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 37
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Insurance for the incorporation of debtors in the Registry System or Risk Center.
p.000069: Once the obligation has been canceled, the judge will order both the Judicial Council and the
p.000069: Superintendency of Banks deletion of the registry.
p.000069: Art. 21.- Disabilities of the maintenance debtor.- The father or mother who owes two or more maintenance pensions,
p.000069: as long as you do not cancel the expired obligations, you will be disabled to:
p.000069: a) Be a candidate for any dignity of popular election;
p.000069: b) Hold public office for which he / she has been selected in a public competition or by appointment;
p.000069: c) Dispose of movable or immovable property, unless the benefits are directly for the payment of alimony due,
p.000069: in which case judicial authorization will be required; and,
p.000069: d) Provide collateral or mortgage guarantees.
p.000069: Art. 22.- Personal award.- In case the father or mother fails to pay two or more pensions
p.000069: food, the Judge at the request of a party and after verification by the certification of the respective entity
p.000069: financial or non-payment, and will provide personal pressure for up to 30 days and the prohibition of leaving the country. In
p.000069: In case of recidivism, the personal pressure will extend for 60 more days and up to a maximum of 180 days.
p.000069: In the same resolution in which the deprivation of liberty is ordered, the Judge will order the search
p.000069: of the place where the debtor is, as long as the affidavit on concealment precedes
p.000069: of the obligor / s, by the party requesting said measure.
p.000069: Prior to ordering the release of the delinquent feeder, the Judge who knew the case, will carry out the
p.000069: liquidation of all due and will receive payment in cash or certified check. Paid
p.000069: the entire obligation, the judge will order immediate release.
p.000069: Without prejudice to the provisions of this article, the Judge may execute the payment against the others
p.000069: forced.
p.000069: A similar procedure will be followed when the obligor has stopped paying two or more obligations assumed by
p.000069: conciliation agreements.
p.000069: Art. 23.- Personal compulsion to the obligated subsidiaries.- The judge will order the personal compulsion of the
p.000069: required subsidiaries that having been cited with the demand for food, under the provisions of law,
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p.000069: economic and social published in the newspapers with the largest national circulation, the Pension Table
p.000069: Minimum Foodstuffs, plus the percentage of inflation determined by the National Institute of Statistics and Censuses.
p.000069: Alimony will never be lower than the minimum established in the mentioned
p.000069: table, so the lower alimony will be automatically indexed without
p.000069: need for legal action of any nature.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Art. 44.- Sanction for breach of terms and deadlines.- The Judicial Council will sanction with suspension of
p.000069: 30 to 45 days to judges who fail to comply with the terms, deadlines and amounts set forth herein
p.000069: law. In case of recidivism, he will proceed to dismiss the position.
p.000069: Art. 45.- Supplementary norms.- In everything not foreseen in this section, the Contentious Procedure will be applied.
p.000069: General, described in this code and in its absence the provisions of the Code of Civil Procedure.
p.000069: GENERAL DISPOSITION
p.000069: FIRST.- The product of the fines imposed in accordance with this Code, which do not have
p.000069: specific destination, will be sent to the Single National Treasury Account and will serve to finance the
p.000069: DNA testing costs, in the cases provided for in this law or to finance projects
p.000069: related to the reduction of judicial delay in maintenance trials.
p.000069: SECOND: The Family, Woman, Childhood and Adolescence Judges will officiate at the National Electoral Council, to
p.000069: SENRES, the Superintendency of Banks and Insurance, the Mercantile Registrar, the Registrar of the
p.000069: Property and how much authority is required, notifying the name of the debtor, the amount of the obligation due
p.000069: with their respective interests and the obligation to comply and enforce the resolution of disability
p.000069: provided for in this law.
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p.000069: TRANSITORY DISPOSITIONS
p.000069: FIRST.- The National Council for Children and Adolescents, within a period of sixty days from the
p.000069: validity of this law, will prepare and publish the Table of Minimum Alimony, which
p.000069: It must be prepared based on technical studies on the amount required to satisfy the needs.
p.000069: basic of the beneficiaries.
p.000069: Once the National Council for Children and Adolescents becomes one of the National Equality Councils,
p.000069: The updating and setting of the Table of Minimum Alimony will be carried out by the Ministry of Inclusion
p.000069: Social and Economic.
p.000069: SECOND.- The Judicial Council, within a term of up to ninety days from the effective date of the
p.000069: This law will execute a National Program for the Improvement and Modernization of the Family, Women's Courts,
p.000069: Childhood and adolescence. This program will include: the purging of inactive or
p.000069: abandonment; elimination of judicial default through the massive fixing of basic alimony of
p.000069: pursuant to what is determined in this law and the establishment of emerging measures and
p.000069: Immediate to prevent the delay of the judicial decision regarding pension fixing
...
p.000069: Domingo de los Colorados, Esmeraldas and in the provincial capitals that the Council determines.
p.000069: A specialized commission of the Ministry of Justice will evaluate the results of the program and will issue the report
p.000069: respective, so that in case of negligence or non-compliance, the National Assembly initiates the respective impeachment
p.000069: against the Members of the Council of the Judiciary.
p.000069: THIRD.- The Judicial Council within thirty days from the effective date of the
p.000069: This Law will prepare and order the immediate implementation of the "Single Form for the Demand for
p.000069: Alimony and Incident of Increase or Decrease of Alimony ". Failure to comply with this
p.000069: obligation will be informed by the Ministry of Justice and if warranted it will lead to the initiation of
p.000069: respective impeachment for the removal of the members and members of said councils, by
p.000069: of the National Assembly.
p.000069: FOURTH.- The Council of the Judiciary will implement, within 120 days, an automated direct access system to
p.000069: the information on the income of those obliged to provide food, for which purpose the
p.000069: respective agreement with the Internal Revenue Service, SRI. For the purposes of other information, the Council
p.000069: of the Judiciary will prepare the respective project in order to cross information with other systems of
p.000069: registration such as that of the Superintendency of Banks, property and commercial.
p.000069: The institutions described and those determined by the Judicial Council, will implement mechanisms
p.000069: free of automatic and electronic delivery of information to the judges through key systems or
p.000069: others.
p.000069: FIFTH.- In food lawsuits that, at the date of issuance of the Pension Table
p.000069: Minimum Alimony, they are in process in the Judicial Branch and in which a pension has not been set
p.000069: provisional maintenance, check as provisional alimony the basic determined in the Table of
p.000069: Minimum Alimony.
p.000069: SIXTH.- As of the Table of Minimum Alimony Pensions, no pension
p.000069: food may be less than the minimum established in the Table.
p.000069: SEVENTH.- The Ministry of Public Health will implement within a period of no more than 360 days a
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 42
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Genetic Research Unit in which comparative examinations of
p.000069: the patterns of bands or sequences of deoxyribonucleic acid (DNA).
p.000069: EIGHTH.- Within a period of one hundred and eighty days from the approval of this law, the municipalities that have not created
p.000069: the Rights Protection Boards will have the obligation to do so. Failure to comply will lead to
p.000069: corresponding action by the State Comptroller General.
p.000069: FINAL DISPOSITION
p.000069: FIRST: Title V of the Second Book "On the Right to Food" of the Children's Code is repealed and
p.000069: Adolescence, published in the Official Registry No. 737 of January 3, 2003.
p.000069: TITLE VI
p.000069: ON THE RIGHT OF PREGNANT WOMEN TO FOOD
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p.000061: and its authorship and complicity in the infraction investigated:
p.000061: a) Of the adolescents who do not turn fourteen years of age, in the trial of theft crimes with the result of
p.000061: death, homicide, murder, femicide, hit man, rape, extortive kidnapping, genocide, against humanity and
p.000061: organized crime.
p.000061: b) Of the adolescents who turn fourteen years old, in the trial of crimes sanctioned in the Organic Code
p.000061: Integral Penal with deprivation of liberty of more than five years.
p.000061: The preventive internment can be revoked at any time, ex officio or at the request of a party.
p.000061: Note: Literals a) and b) replaced by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 331.- Duration of the preventive internment.- The preventive internment may not exceed ninety days,
p.000061: after which the official responsible for the establishment in which he has been interned, will release the
p.000061: teenager immediately and without the need for a prior court order.
p.000061: Failure to comply with this provision by said official will be sanctioned with dismissal
p.000061: of the position, without prejudice to his criminal and civil liability.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 84
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 332.- Precautionary measures of patrimonial order.- To ensure civil liability, the Judge may order the
p.000061: kidnapping, retention or prohibition of alienating assets of the adolescent's professional property, in accordance with
p.000061: the law; or their legal representatives or people in charge of their care, in the terms of the Civil Code referring to
p.000061: bail.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 96, 422, 426, 427, 897, 900, 906, 907
p.000061: Art. 333.- Civil liability.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461, 1467, 1483, 1572
p.000061: TITLE IV
p.000061: OF THE JUDGMENT OF OFFENSES
p.000061: Chapter I
p.000061: The action and the procedural subjects
p.000061: Art. 334.- The exercise of the action. Exercise of action for the judgment of the adolescent
p.000061: corresponds only to the prosecutor. Private action offenses will be treated as criminal action
p.000061: public.
p.000061: Comprehensive reparations will proceed without the need for private accusation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 31
p.000061: Art. 334-A.- Prescriptions. The exercise of action in cases of crime will prescribe in three years and the
p.000061: contraventions in thirty days from its commission.
p.000061: Socio-educational measures will prescribe at the same time of their imposition. In no case will it be less than six months
p.000061: from the day the sentence was executed.
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p.002014: Technique, auxiliary body of the Childhood and Adolescence Judges, within a maximum period of sixty days.
p.002014: These may also be an auxiliary body of the Judges for Children and Adolescents in places where the
p.002014: National Council of the Judiciary expressly establishes it. These people will receive the same wages and
p.002014: remuneration than those who exercise equivalent functions in the Judicial Function, in no case,
p.002014: those will be less than those they had been receiving.
p.002014: Fourth.- The other officials, employees, servers and administrative workers that currently
p.002014: provide their services in the Juvenile Judicial Service, they will become part of the Children's Courts and
p.002014: Adolescence and technical offices according to the distribution made by the National Council of the Judiciary
p.002014: within a maximum period of sixty days; in the same way they will receive the same remuneration as their peers of the Function
p.002014: Judicial.
p.002014: Fifth.- The aforementioned charges will be subject to what is prescribed in the Organic Law of the Function
p.002014: Judicial and other applicable legal norms. The National Council of the Judiciary, when carrying out the
p.002014: assignment and distribution of these positions, will ensure that the people who held them, under the new structure
p.002014: lend it in the same cities where they exercised their function, at the time of publication in the Official Registry of this
p.002014: Code.
p.002014: Sixth.- The budget items corresponding to the spending groups of: remunerations, goods and
p.002014: consumer services and general services; and the movable property assigned to
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 112
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: operation of the National Juvenile Court, District Juvenile Courts and Juvenile Courts,
p.002014: they will transfer from the Social Welfare Budget to the budget of the Judicial Branch. Within the maximum period of
p.002014: ninety days the Ministry of Economy and Finance and the Ministry of Social Welfare by the Function
p.002014: Executive and the competent bodies of the Judicial Function, will proceed to adopt the pertinent measures to
p.002014: compliance with these provisions.
p.002014: Seventh.- The National Council of the Judiciary will take all necessary measures for the full application of these
p.002014: provisions, as well as to organize, appoint and integrate the Courts for Children and Adolescents and
p.002014: technical offices within sixty days after publication in the Official Register of this Code.
p.002014: Eighth.- All magistrates, officials, employees and workers, who have or will assume
p.002014: Responsibilities related to the application of this Code in the Judicial Function must be
p.002014: duly trained, for which purpose, the National Judicial Council will coordinate with the organizations
p.002014: relevant public and private.
p.002014: Ninth.- The National Council for Children and Adolescents must conform according to this Code and
p.002014: come into operation within a maximum period of ninety days from the publication of this Organic Law in
p.002014: the Official Registry, for which the competent bodies will take the necessary measures for its effective
p.002014: compliance.
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Social / Religion
Searching for indicator conviction:
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p.000069: will grant or deny, with knowledge of the cause, within a period not exceeding fifteen days.
p.000069: Art. 111.- Limitation of parental authority.- When advised by the best interests of the son or daughter, the Judge may
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
p.000069: 5. Alcoholism and dependence on narcotic or psychotropic substances, which endanger development
p.000069: integral of the son or daughter; and,
p.000069: 6. When inciting, causing or allowing the minor to execute acts that violate his physical or moral integrity.
p.000069: Once the cause that motivated the suspension has disappeared, the affected parent may request the Judge to
p.000069: restitution of parental authority.
p.000069: Parental authority with respect to one of the parents suspended; will be exercised by the other who does not
p.000069: find disabled. If both are, a guardian will be given to the son or daughter.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
...
p.000069: Adolescence, published in the Official Registry No. 737 of January 3, 2003.
p.000069: TITLE VI
p.000069: ON THE RIGHT OF PREGNANT WOMEN TO FOOD
p.000069: Art. 148.- Content.- The pregnant woman has the right, from the moment of conception, to food for the
p.000069: attention to their needs for food, health, clothing, housing, childbirth, postpartum care, and during the
p.000069: lactation period for a period of twelve months from the birth of the son or daughter; if the creature dies in
p.000069: the mother's womb, or the boy or girl dies after childbirth, the protection to the mother will subsist for up to a period
p.000069: not more than twelve months from the death of the fetus or the boy or girl.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 61, 62, 233
p.000069: Jurisprudence:
p.000069: Judicial Gazette, SPECIAL SUMMARY PRENATAL FOOD TRIAL, May 28, 2012
p.000069: Art. 149.- Obligations to provide alimony.- The father of the child or
p.000069: girl, the alleged father in the case of article 131, and the other persons indicated in article 129.
p.000069: If the paternity of the defendant is not legally established, the Judge may decree the maintenance payment,
p.000069: provisional and definitive, since in the process there are tests that provide precise indications, sufficient
p.000069: and concordant to reach a conviction about the paternity or maternity of the defendant.
p.000069: Once the birth has occurred, the parties may request the biological tests referred to in the
p.000069: Article 131, with the consequences indicated in the same article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 253, 276, 355
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Art. 150.- Applicable regulations.- Regarding the order of the obligated parties, criteria and ways of fixing this
p.000069: benefit, constraints, precautionary measures, subsidies, competition, procedure and more compatible with the nature of
p.000069: this right, the rules on the right to maintenance in favor of the child or in favor of the pregnant mother will apply
p.000069: daughter.
p.000069: TITLE VII
p.000069: OF ADOPTION
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 43
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Chapter I
p.000069: General rules
p.000069: Art. 151.- Purpose of the adoption.- The purpose of the adoption is to guarantee a suitable family,
p.000069: permanent and definitive to the boy, girl or adolescent who are in social and legal capacity to be adopted.
p.000069: Art. 152.- Full adoption.- The law only admits full adoption, by virtue of which
p.000069: they establish between the adopter or adoptees all the rights, attributes, duties,
p.000069: responsibilities, prohibitions, inabilities and impediments of the parental filial relationship. In consecuense,
p.000069: Legally, the adoptive son is assimilated in everything to the consanguineous son.
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p.002014: 16. Threatening or coercing the life or integrity of any person.
p.002014: 17. Violently resist the fulfillment of legitimate orders of authority.
p.002014: 18. Possess instruments, tools or work utensils outside the work areas.
p.002014: 19. Refusing to go to court proceedings unjustifiably.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 419.- Sanctions.- Depending on the severity, the following sanctions will be imposed:
p.002014: 1. Warning.
p.002014: 2. Apology and repair of the damage caused in its entirety.
p.002014: 3. Restriction of external communications.
p.002014: 4. Restriction of phone calls.
p.002014: The determining criterion for graduating the sanction applicable to adolescents is the objective gravity of the fact.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 420.- Administrative procedure.- The administrative procedure to sanction adolescents
p.002014: it is brief, simple, oral, it will respect due process and the right to be heard by yourself or through
p.002014: a private or public defender, in accordance with the following rules:
p.002014: 1. The administrative procedure will begin at the request of any person who knows the
p.002014: committing a fault or by the staff of the centers. The names and surnames of the
p.002014: whistleblower, or any data that identifies him inside or outside the center.
p.002014: 2. The Center Coordinator will summon the parties involved, the parents, legal representative or person responsible for their
p.002014: carefully and will notify you with all the documents and other writings containing elements of conviction of the
p.002014: presumed committing a disciplinary offense in order to exercise his defense.
p.002014: 3. After twenty-four hours of notification, a hearing will be called in which the parties will be heard. The
p.002014: adolescent will always be heard as the last intervention. In the same hearing the tests that the
p.002014: parties or the Center Coordinator consider pertinent to
p.002014: CODE OF CHILDHOOD AND ADOLESCENCE - Page 110
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: verify the disciplinary offense or distort it.
p.002014: 4. The Center Coordinator at the same hearing, will resolve and record in writing the fact, the fault and the
p.002014: sanction or acquittal.
p.002014: In all cases where a judicial ruling is required, the administrative authority will send the file to
p.002014: juvenile offender judge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 421.- Disruption of order in the Centers for Teenage Offenders.- When there is a riot or a serious one
p.002014: disruption of order in a center, the Center Coordinator will request, if necessary, intervention
p.002014: of the specialized police for children and adolescents to the extent and the time necessary for the restoration of
p.002014: order.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 422.- Leakage.- In case of leakage, the Coordinator will arrange the immediate search and apprehension of the adolescent,
p.002014: all the means at their disposal and will bring this fact to the attention of the specialized judge.
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Searching for indicator religion:
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p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
p.000069: Art. 8.- Co-responsibility of the State, society and the family.- It is the duty of the State, society and the family,
...
p.000069: necessary for the full enjoyment of your rights. The same right assists their parents and people
p.000069: in charge of your care.
p.000069: Chapter v
p.000069: Participation rights
p.000069: Art. 59.- Right to freedom of expression.- Children and adolescents have the right to
p.000069: express themselves freely, to seek, receive and disseminate information and ideas of all kinds, orally, in writing or
p.000069: any other means they choose, with the only restrictions imposed by law, public order, health or
p.000069: public morals to protect the security, rights and fundamental freedoms of others.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 18, 66
p.000069: Art. 60.- Right to be consulted.- Children and adolescents have the right to be
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 15
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: consulted on all matters that affect them. This opinion will be taken into account to the extent of their age and maturity.
p.000069: No child or adolescent may be forced or pressured in any way to express their opinion.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 61
p.000069: Art. 61.- Right to freedom of thought, conscience and religion.- The State guarantees, in favor of children,
p.000069: girls and adolescents, the freedoms of thought, conscience and religion, subject to limitations
p.000069: prescribed by law and necessary to protect the security, fundamental rights and freedoms of
p.000069: the rest.
p.000069: It is the right and duty of the parents and other persons in charge of their care, to guide the child
p.000069: or adolescent for the proper exercise of this right, according to their evolutionary development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 62.- Right to freedom of assembly.- Children and adolescents have the right to assemble publicly and
p.000069: peacefully for the promotion, defense and exercise of your rights and guarantees.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 63.- Right of free association.- Children and adolescents have the right to freely associate with
p.000069: lawful purposes. This right includes the possibility of adolescents to form associations without ends
p.000069: of profit, according to the law.
p.000069: The State will guarantee and promote the exercise of this right; mainly in terms of associations
p.000069: student, cultural, sports, labor and community.
p.000069: Any restriction on the exercise of this right, which is not expressly provided for in the law, is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Chapter VI
...
Searching for indicator religious:
(return to top)
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 7
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3. 4
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
p.000069: healthy, ecologically balanced and pollution-free environment that guarantees your health, safety
p.000069: food and integral development.
p.000069: The Central Government and the sectional governments will establish clear and precise policies for the
p.000069: conservation of the environment and the ecosystem.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 15, 66, 397, 414
p.000069: Chapter III
p.000069: Development-related rights
p.000069: Art. 33.- Right to identity.- Children and adolescents have the right to identity and the elements
p.000069: that constitute it, especially the name, nationality and family relationships, in accordance with
p.000069: the law.
p.000069: It is the State's obligation to preserve the identity of children; girls and adolescents and punish those responsible for
p.000069: alteration, replacement or deprivation of this right.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Art. 34.- Right to cultural identity.- Children and adolescents have the right to keep,
p.000069: develop, strengthen and recover their identity and spiritual, cultural, religious, linguistic values,
p.000069: political and social and to be protected against any type of interference that is intended to replace, alter
p.000069: or decrease these values.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 21, 57
p.000069: Art. 35.- Right to identification.- Boys and girls have the right to be registered
p.000069: immediately after birth, with the corresponding paternal and maternal surnames. The State will guarantee
p.000069: the right to identity and identification through a Civil Registry service with agile procedures,
p.000069: free and easy to obtain identity documents.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 708
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69
p.000069: Art. 36.- Norms for identification.- In the live birth certification, which must be issued under the
p.000069: responsibility of the public or private health center or institution that attended the birth, the
p.000069: fingerprint identification of the mother and plantar identification of the newborn or newborn boy or girl. In cases of
p.000069: late registration, the fingerprint of the child or adolescent must be registered in the respective file.
p.000069: When the identity of one of the parents is unknown, the child or adolescent will bear the surnames of the
p.000069: parent who registers it, without prejudice to the right to obtain legal recognition
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 8
p.000069: eSilec Professional - www.lexis.com.ec
...
p.000069: Art. 37.- Right to education.- Children and adolescents have the right to a quality education. East
p.000069: Law demands an educational system that:
p.000069: 1. Guarantee the access and permanence of all boys and girls to basic education, as well as
p.000069: adolescent through high school or its equivalent;
p.000069: 2. Respect the cultures and specificities of each region and place;
p.000069: 3. Consider flexible and alternative educational proposals to meet the needs of all
p.000069: Children and adolescents, with priority for those who have disabilities, work or live in a situation that requires
p.000069: greater opportunities to learn;
p.000069: 4. Ensure that children and adolescents have teachers, teaching materials, laboratories,
p.000069: adequate premises, facilities and resources and enjoy a favorable environment for learning. This right includes
p.000069: effective access to initial education from zero to five years, and therefore programs will be developed and
p.000069: flexible and open projects, adapted to the cultural needs of the students; and,
p.000069: 5. To respect the ethical, moral and religious convictions of the parents and of the children and adolescents themselves.
p.000069: Public education is secular at all levels, compulsory until the tenth year of basic education and free
p.000069: up to high school or its equivalent.
p.000069: The State and the pertinent organisms will assure that the educational establishments offer services with equity,
p.000069: quality and opportunity and that the right of parents to choose the education that is guaranteed is also guaranteed
p.000069: the more it suits your sons and your daughters.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 28, 45, 66
p.000069: Art. 38.- Objectives of education programs.- Basic and secondary education will ensure knowledge, values ​​and
p.000069: indispensable attitudes for:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 9
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: a) To develop the personality, the aptitudes and the mental and physical capacity of the boy, girl and
p.000069: adolescent to his full potential, in a playful and emotional environment;
p.000069: b) Promote and practice peace, respect for human rights and fundamental freedoms, non-discrimination,
p.000069: tolerance, valuation of diversities, participation, dialogue, autonomy and cooperation;
...
p.000069: personal, physical, psychological, cultural, emotional and sexual integrity. They may not be subjected to torture,
p.000069: cruel and degrading treatment.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 51.- Right to personal liberty, dignity, reputation, honor and image.- Children and adolescents have
p.000069: right to respect:
p.000069: a) Your freedom, with no limitations other than those established by law. Parents and those responsible for their care
p.000069: they will guide them in the exercise of this right; and,
p.000069: b) Their dignity, self-esteem, honor, reputation and self-image. They should be provided with warm and good relationships
p.000069: treatment based on the recognition of their dignity and respect for differences.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 13
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 52.- Prohibitions related to the right to dignity and image. It's prohibited:
p.000069: 1. The participation of children and adolescents in programs, advertising messages, in productions of
p.000069: pornographic content and in shows whose content is inappropriate for their age;
p.000069: 2. The use of children or adolescents in programs or shows of political proselytizing or
p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
...
p.000061: in this Code and more laws, in favor of a child or adolescent, and whose conduct of action or omission does not have
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
p.000061: 5. Educational establishments that unjustifiably expel a child or adolescent,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 66
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: do not allow their right to defense and deny the guarantees of due process;
p.000061: 6. Educational establishments that impose unjustified disciplinary sanctions on a child or adolescent,
p.000061: do not allow their right to defense and deny the guarantees of due process; and,
p.000061: 7. Establishments and authorities that violate the exercise of the right to diversity or cultural identity.
p.000061: The payment of the fine does not exempt educational establishments from restoring the violated right.
p.000061: Art. 250.- Violations against the right to information.- They will be sanctioned with the fine indicated in the article
p.000061: previous:
p.000061: 1. The media, cinemas, theaters and public shows and those responsible for their programming, which
p.000061: comply with the obligation to announce, with due anticipation, the nature and age classification for the audience
p.000061: or enter their programs;
...
p.000061: his position a protection program;
p.000061: 4. Public officials, of the central and sectional administration, who do not send the information in a timely manner and
p.000061: documents that are required by the Cantonal Boards of Protection of Rights or the Municipalities, for the
p.000061: fulfillment of its functions;
p.000061: 5. The judge ministers, members of the Cantonal Councils for Children and Adolescents and of the Protection Boards
p.000061: of Rights and municipalities, judges and public officials, who refuse to hear a boy, girl or
p.000061: adolescent, who are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 6. Those who by any means put restrictions that prevent the exercise of the right of assembly and free association
p.000061: of a boy, girl or adolescent, outside the cases expressly allowed by law;
p.000061: 7. The members of the Public Ministry, the defenders of childhood and adolescence, the public defenders or the
p.000061: public defenders, lawyers, experts, secretaries, officers, and clerks of the courts and tribunals, who
p.000061: unreasonably delay the judicial procedures regulated in this Code;
p.000061: 8. Those who use or allow the use of children or adolescents who have not reached the age of sixteen, in
p.000061: political or religious proselytizing programs or shows;
p.000061: 9. Commercial establishments and people who sell alcoholic beverages and cigarettes to minors
p.000061: eighteen years;
p.000061: 10. Those who violate the right to association, assembly and demonstration of children and
p.000061: adolescents, in the terms enshrined in this Code; and,
p.000061: 11. Public officials who impede the right of children and adolescents to their identity and
p.000061: ID.
p.000061: Note: Number 7. reformed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 729
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 66, 362, 365
p.000061: Article 254.- Sanction to the judges for the delay in the processing of the processes.- Without prejudice to the
p.000061: civil, administrative or criminal responsibilities that correspond, will be sanctioned with a fine equivalent to three
p.000061: dollars for each business day or fraction of the day that exceeds the maximum time of substantiation of the trials and
p.000061: administrative procedures that know, in accordance with the provisions of this Code, the
p.000061: Judge Ministers of the Supreme Court and Superior Courts, the Judges of Children and Adolescents and the
p.000061: members of the Boards of Protection of Rights.
p.000061: In the case of judges, judges, civil servants and judicial servants, the infraction will be
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 68
p.000061: eSilec Professional - www.lexis.com.ec
...
Social / Student
Searching for indicator student:
(return to top)
p.000069: 3. Actively participate in the development of educational processes;
p.000069: 4. Control the attendance of their sons, daughters or those represented at educational establishments;
p.000069: 5. Actively participate to improve the quality of education;
p.000069: 6. Ensure the maximum use of the educational means provided by the State and society;
p.000069: 7. Monitor the respect of the rights of their sons, daughters or those represented on campus
p.000069: educational; and,
p.000069: 8. Report violations of these rights, to which they are aware.
p.000069: Art. 40.- Disciplinary measures.- Teaching practice and discipline in educational establishments
p.000069: they will respect the rights and guarantees of children and adolescents; will exclude all forms of abuse,
p.000069: mistreatment and devaluation, therefore, any form of cruel, inhuman and degrading punishment.
p.000069: Art. 41.- Sanctions prohibited.- Educational establishments are prohibited from applying:
p.000069: 1. Corporal sanctions;
p.000069: 2. Psychological sanctions threatening the dignity of children and adolescents;
p.000069: 3. Collective sanctions are prohibited; and,
p.000069: 4. Measures that imply exclusion or discrimination due to a student's personal condition,
p.000069: their parents, legal representatives or those who have them in their care. Included in this prohibition are
p.000069: discriminatory measures due to pregnancy or maternity of an adolescent. No child or adolescent is
p.000069: You can deny registration or expel due to the condition of your parents.
p.000069: In any procedure aimed at establishing the responsibility of a child or adolescent for an act of
p.000069: indiscipline in an educational establishment, the right to defense of the student and their parents or
p.000069: representatives.
p.000069: Any form of sexual assault in educational establishments will be brought to the attention of the Agent
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
p.000069: that correspond in the educational field.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 10
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 42.- Right to education of children and adolescents with disabilities.- Children and adolescents
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
p.000069: Art. 43.- Right to cultural life.- Children and adolescents have the right to participate
p.000069: freely in all expressions of cultural life.
p.000069: In the exercise of this right they can access any public show that has been qualified
...
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 61
p.000069: Art. 61.- Right to freedom of thought, conscience and religion.- The State guarantees, in favor of children,
p.000069: girls and adolescents, the freedoms of thought, conscience and religion, subject to limitations
p.000069: prescribed by law and necessary to protect the security, fundamental rights and freedoms of
p.000069: the rest.
p.000069: It is the right and duty of the parents and other persons in charge of their care, to guide the child
p.000069: or adolescent for the proper exercise of this right, according to their evolutionary development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 62.- Right to freedom of assembly.- Children and adolescents have the right to assemble publicly and
p.000069: peacefully for the promotion, defense and exercise of your rights and guarantees.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 63.- Right of free association.- Children and adolescents have the right to freely associate with
p.000069: lawful purposes. This right includes the possibility of adolescents to form associations without ends
p.000069: of profit, according to the law.
p.000069: The State will guarantee and promote the exercise of this right; mainly in terms of associations
p.000069: student, cultural, sports, labor and community.
p.000069: Any restriction on the exercise of this right, which is not expressly provided for in the law, is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Chapter VI
p.000069: Duties, capacity and responsibility of children and adolescents
p.000069: Art. 64.- Duties.- Children and adolescents have the general duties that the Political Constitution imposes on
p.000069: citizens, as long as they are compatible with their condition and evolutionary stage. They are specially obliged to:
p.000069: 1. Respect the Homeland and its symbols;
p.000069: 2. Know the reality of the country, cultivate the national identity and respect its multiculturalism; exercise and defend
p.000069: effectively your rights and guarantees;
p.000069: 3. Respect the rights and individual and collective guarantees of others;
p.000069: 4. Cultivate the values ​​of respect, solidarity, tolerance, peace, justice, equity and democracy;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 16
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 5. Fulfill your responsibilities regarding education;
p.000069: 6. Act honestly and responsibly at home and at all stages of the educational process;
p.000069: 7. Respect their parents, teachers and those most responsible for their care and education; and,
p.000069: 8. Respect and contribute to the preservation of the environment and natural resources.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 83
p.000069: Art. 65.- Validity of legal acts.- The legal capacity regarding acts held by children and
p.000069: adolescents will comply with the provisions of the Civil Code, except in the following cases:
p.000069: 1. The acts and contracts of adolescents who have not turned fifteen are relatively null without prejudice to
p.000069: the validity that the law confers for the celebration of certain acts;
p.000069: 2. People who have turned fifteen also have the legal capacity to enter into
p.000069: work according to the rules of this Code; and,
p.000069: 3. To celebrate the acts and contracts that are included in the object of an organization
p.000069: student, labor, cultural, artistic, environmental, sports or neighborhood, of which they are legal representatives or legitimate
p.000069: representatives in the exercise of their right of association and whose amount does not exceed two thousand dollars.
p.000069: Adolescents may directly exercise those legal actions aimed at the exercise and protection of their
p.000069: rights and guarantees. Boys and girls may directly request help for the protection of their rights when
p.000069: they must direct the action against their legal representative.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 82 CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: CIVIL CODE (BOOK IV), Arts. 1453, 1461, 1462, 1463, 1486
p.000069: COMMERCE CODE, Arts. 6, 8, 9, 483 LABOR CODE, Arts. 35
p.000069: Art. 66.- Responsibility of children and adolescents.- Boys and girls are exempt from responsibility
p.000069: legal. For their harmful acts and acts, their parents or guardians will respond civilly in cases and forms.
p.000069: provided for in the Civil Code.
p.000069: Adolescents are responsible for their legal acts and illegal acts, under the terms of this Code. its
p.000069: civil liability for the acts or contracts they enter into will be effective on their professional property
p.000069: or industrial or on the assets of the association that they represent in accordance with the provisions of the previous article,
p.000069: according to the case.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1698, 1702, 2219, 2220, 2221
...
Social / Threat of Stigma
Searching for indicator threat:
(return to top)
p.000069: aggressor
p.000069: 5. Warning to the aggressor;
p.000069: 6. Insertion of the aggressor in a specialized care program;
p.000069: 7. Order of departure of the aggressor from the house, if his coexistence with the victim involves a risk to
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 20
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: the physical, psychological or sexual security of the latter; and re-entry of the victim, if applicable;
p.000069: 8. Prohibition of the aggressor from approaching the victim or maintaining any type of contact with her;
p.000069: 9. Prohibition of the aggressor from making threats, directly or indirectly, against the victim or his relatives;
p.000069: 10. Suspension of the aggressor in the tasks or functions that he performs;
p.000069: 11. Suspension of the operation of the entity or establishment where the abuse occurred
p.000069: institutional, while the conditions that justify the measure last;
p.000069: 12. Participation of the aggressor or the staff of the institution in which the institutional abuse has occurred,
p.000069: in workshops, courses or any type of training events; and,
p.000069: 13. Follow-up by the social work teams, to verify the rectification of the
p.000069: abusive behaviors.
p.000069: In emergency cases that provide serious indications of aggression or threat to physical integrity,
p.000069: psychological or sexual of the boy, girl or adolescent or of flagrant crime, the authorized attention entities may
p.000069: provisionally execute the measures of numerals 2 to 9, 12 and 13, and report it to the authority
p.000069: competent within a maximum period of seventy-two hours, to order the final measures.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 80.- Legal medical examinations.- Legal medical examinations of a boy, girl or adolescent will be practiced in
p.000069: strict conditions of confidentiality and respect for the intimacy and physical and emotional integrity of the patient.
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
...
p.000061: comprehensive protection of the rights and guarantees of children and adolescents.
p.000061: The National Decentralized System for the Comprehensive Protection of Children and Adolescents contemplates
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 53
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: five types of comprehensive protection policies, namely:
p.000061: 1. Basic and fundamental social policies, which refer to the universal conditions and services that
p.000061: All children and adolescents have the right, equally and without exception, as protection of the
p.000061: family, education; health, nutrition, housing, parental employment and social security, among
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
...
p.000061: Art. 203.- Constitution and integration.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 204.- The Executive Secretariat.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: TITLE IV
p.000061: OF THE BODIES OF PROTECTION, DEFENSE AND DEMANDABILITY OF RIGHTS
p.000061: Chapter I
p.000061: The Cantonal Boards for the Protection of Rights
p.000061: Art. 205.- Legal Nature.- The Cantonal Boards for the Protection of Rights are operating level bodies, with
p.000061: administrative and functional autonomy, which have as a public function the protection of rights
p.000061: individual and collective of children and adolescents, in the respective canton.
p.000061: They will be organized by each municipality at the cantonal or parish level, according to their social development plans.
p.000061: They will be financed by the Municipality with the resources established in this Code and more laws.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 299, 304
p.000061: Article 206.- Functions of the Cantonal Boards for the Protection of Rights.- Corresponds to the Boards of
p.000061: Protection of Rights:
p.000061: a) Know, ex officio or at the request of a party, the cases of threat or violation of rights
p.000061: boys and girls and adolescents individuals within the jurisdiction of the respective canton; and arrange the measures
p.000061: administrative protection that are necessary to protect the threatened right or restore the violated right;
p.000061: b) Monitor the execution of its measures;
p.000061: c) File the necessary actions before the competent judicial bodies in cases of
p.000061: failure to comply with its decisions;
p.000061: d) Require from public officials of the central and sectional administration, the information and
p.000061: documents that they require for the fulfillment of their functions;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 56
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: e) Keep the registry of the families, adults, children and adolescents of the respective Municipality to whom it has been
p.000061: applied protection measures;
p.000061: f) Report to the competent authorities the commission of administrative and criminal offenses against children,
p.000061: girls and adolescents;
p.000061: g) Monitor that the institutional regulations and practices of the attention entities do not violate the rights of the
p.000061: childhood and adolescence; and,
p.000061: h) The others that the law indicates.
p.000061: They will seek, with the support of authorized entities, the mediation and conciliation of the parties involved in the
p.000061: matters they are aware of, in accordance with the law.
...
p.000061: family bonding or reintegration in the shortest possible time, depending on the case;
p.000061: b) Carry out educational actions with the relatives in the care of the child or adolescent;
p.000061: c) Provide personalized attention and development of educational and recreational activities with each child and
p.000061: adolescent, according to their developmental needs;
p.000061: d) Comply with national standards of quality, safety and hygiene, in addition to those indicated in each case by the
p.000061: authority that legitimized its operation;
p.000061: e) Have adequate financial, human and material resources for the programs they execute;
p.000061: f) Submit periodic and detailed reports on the progress of their programs to the body that authorized their registration
p.000061: and operation;
p.000061: g) Guarantee that children and adolescents have public identity documents;
p.000061: h) Perform all social, legal and administrative actions aimed at defining and solving the situation
p.000061: physical, psychological, legal, family and social of the boy, girl and adolescent;
p.000061: i) Provide medical, dental, legal, psychological and social care;
p.000061: j) Guarantee food, clothing and necessary implements for personal hygiene and cleanliness;
p.000061: k) Inform the competent authority of the situation of threat or violation of rights;
p.000061: l) To inform the competent authority of changes in the legal status of children and
p.000061: adolescents in order for it to adopt the corresponding measures;
p.000061: m) Guarantee the entry and permanence of children and adolescents in the educational system, when
p.000061: correspond
p.000061: n) Maintain complete and updated records of each child or adolescent; and,
p.000061: o) The others established in this Code, laws, regulations, resolutions and instructions of the authority that
p.000061: legitimized its operation.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000061: Art. 212.- Registration of the attention entities. Attention entities must request registration
p.000061: to the respective ministry, for which they will present the care program, its financing and the other documents that
p.000061: are indicated in the Regulations. The registration of care entities will be valid for two renewable years
p.000061: indefinitely. In cases of refusal to register or to enroll in a program, the affected entity may
p.000061: resort to the ministry in charge of matters of economic and social inclusion, against whose resolution there will be no
p.000061: any resource. The service entity may resubmit an application for registration or registration
p.000061: of a program, when you have overcome the reasons why you were denied. The ministry in charge of the affairs of
p.000061: economic and social inclusion may revoke at any time, by means of a reasoned resolution in the terms required
...
p.000061: protection and administrative and judicial resolutions issued by the corresponding authorities and with the standards
p.000061: of established quality.
p.000061: TITLE VI
p.000061: OF PROTECTION MEASURES
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 215.- Concept.- Protection measures are actions taken by the competent authority, through resolution
p.000061: judicial or administrative, in favor of the child or adolescent, when the risk has occurred or exists
p.000061: imminent that a violation of their rights occurs by action or omission of the State, society, their
p.000061: parents or guardians or the child or adolescent himself. In the application of the measures, preference should be given to those
p.000061: that protect and develop family and community ties.
p.000061: Protective measures impose on the State, its officials or employees or any individual, including
p.000061: parents, relatives, caregivers, teachers, educators, and the child himself or herself
p.000061: adolescents, certain actions in order to stop the act of threat, restore the right that has
p.000061: been violated and ensure permanent respect for their rights.
p.000061: Art. 216.- Concurrence of measures: One or more protection measures may be decreed for the same case and applied in
p.000061: simultaneously or successively. Its application does not prevent the imposition of sanctions that the case warrants.
p.000061: Art. 217.- List of protection measures.- Protection measures are
p.000061: administrative and judicial.
p.000061: In addition to those contemplated in Title IV of the First Book and in other legal bodies, they are measures
p.000061: administrative protection:
p.000061: 1. Actions of an educational, therapeutic, psychological or material support nature to the family nucleus, to preserve,
p.000061: strengthen or reestablish their ties for the benefit of the child or adolescent;
p.000061: 2. The order of care of the child or adolescent in their home;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 59
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 3. The family reintegration or return of the boy and girl to their biological family;
p.000061: 4. The order of insertion of the child or adolescent or of the person involved in the threat or violation of the
p.000061: right, in any of the protection programs contemplated by the System and which, in the judgment of the competent authority,
p.000061: it is the most appropriate according to the type of violating act, such as the order to carry out investigations
p.000061: necessary for the identification and location of the child or adolescent or their relatives and the
p.000061: clarification of the social, family and legal situation of the child or adolescent, the order to execute
p.000061: a specific action for the restitution of the violated right, such as: imposing on parents the
p.000061: enrollment of the child or adolescent in the Civil Registry or arrange for a health facility to provide
p.000061: urgent care or that an educational establishment proceed to enroll it, etc .;
p.000061: 5. The temporary removal of the person who has threatened or violated a right or guarantee, from the place where they live with
p.000061: the affected child or adolescent; and,
p.000061: 6. Emergency custody of the affected child or adolescent, in a family home or a care entity,
...
p.000061: teen in your birth family or seeking adoption.
p.000061: Art. 233.- Termination of institutional fostering.- Institutional fostering ends by:
p.000061: 1. Reinsertion of the child or adolescent in their biological family;
p.000061: 2. Foster care;
p.000061: 3. Adoption of the child or adolescent;
p.000061: 4. Legal emancipation of the host; and,
p.000061: 5. Resolution of the competent authority that ordered it.
p.000061: Art. 234.- Rules applicable to institutional care.- Are applicable to institutional care the
p.000061: Relevant foster care provisions, especially those related to the limitation of foster care due to
p.000061: poverty, economic contribution, duties and obligations of the foster child, duties and rights of children and
p.000061: teenagers and their family, as well as the prohibition of profit.
p.000061: TITLE VIII
p.000061: ADMINISTRATIVE PROCEDURE FOR THE PROTECTION OF RIGHTS
p.000061: Art. 235.- Provenance and competent body.- The procedure regulated in this title is applied for the substantiation of
p.000061: the following matters:
p.000061: a) The application of protective measures when there has been a threat or violation of individual rights or
p.000061: groups of one or more children or adolescents;
p.000061: b) The knowledge and sanction of the infractions sanctioned with warning; and,
p.000061: c) The knowledge and sanction of the irregularities committed by the attention entities, it is up to
p.000061: the bodies that registered and authorized the offending entity.
p.000061: The knowledge and resolution of the matters indicated in paragraphs a) and b) correspond to the Cantonal Board of
p.000061: Protection of Rights of the canton where the threat, violation of law or infraction occurred.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 63
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Article 236.- Active legitimation.- Without prejudice to the power of the competent bodies to act ex officio and of the
p.000061: In cases where public action is granted, they can propose administrative protection action:
p.000061: 1. The affected child or adolescent;
p.000061: 2. Any member of your family, up to the fourth degree of consanguinity and second of affinity;
p.000061: 3. The Ombudsman's Office;
p.000061: 4. The Community Defenders; and,
p.000061: 5. Any other person or entity that has an interest in it.
p.000061: Art. 237.- Beginning of the procedure.- The administrative procedure for the protection of rights can be initiated from
p.000061: ex officio or by verbal or written complaint in which it will be indicated:
p.000061: 1. The organism before which he appears;
p.000061: 2. The names, surnames, age and address of the complainant and the quality in which he appears;
p.000061: 3. The most detailed identification possible of the affected child or adolescent;
p.000061: 4. The most detailed possible identification of the person or entity reported; and,
p.000061: 5. The circumstances of the denounced fact, indicating the right affected or the
p.000061: imputed irregularity.
p.000061: Within forty-eight hours of knowing the fact or receiving the complaint, the agency,
...
p.000061: sanctioned by the Judges of Childhood and Adolescence of the respective jurisdiction.
p.000061: For the application of custodial sanctions, the provisions of the Code of Procedure shall be followed.
p.000061: Penal.
p.000061: Art. 246.- Destination and collection of fines.- Fines collected in accordance with this
p.000061: Code will be directly deposited in the Fund for the Protection of Children and Adolescents. In case of
p.000061: delay in the payment of the fines, its collection will be in charge of the respective Municipality that will have coercive jurisdiction
p.000061: for the effect.
p.000061: Art. 247.- Special sanctions for suspension and closure.- Public service and attention entities and
p.000061: private that violate or threaten the rights of children and adolescents, in addition to the penalties of fine provided
p.000061: in this title, they will be sanctioned with a suspension of five days, the first time, one month the second and with
p.000061: final closure the third time.
p.000061: Chapter II
p.000061: Offenses sanctioned with a fine
p.000061: Art. 248.- General sanction.- Anyone who threatens or violates any of the rights or guarantees contemplated in any way.
p.000061: in this Code and more laws, in favor of a child or adolescent, and whose conduct of action or omission does not have
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
...
Social / Threat of Violence
Searching for indicator violence:
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p.000069: Law 100
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE
p.000069: Official Registry 737 of Jan 3, 2003 Last modified: Jul 7, 2014 Status: Valid
p.000069: NATIONAL CONGRESS
p.000069: In use of its constitutional and legal powers, issues the following: CODE OF CHILDREN AND ADOLESCENTS
p.000069: BOOK FIRST
p.000069: CHILDREN, GIRLS AND ADOLESCENTS AS SUBJECTS OF RIGHTS
p.000069: TITLE I DEFINITIONS
p.000069: Art. 1.- Purpose.- This Code provides for the integral protection that the State, society and the family must
p.000069: guarantee to all children and adolescents living in Ecuador, in order to achieve their integral development
p.000069: and the full enjoyment of their rights, within a framework of freedom, dignity and equity.
p.000069: To this end, it regulates the enjoyment and exercise of children's rights, duties and responsibilities,
p.000069: girls and adolescents and the means to make them effective, guarantee and protect them, in accordance with
p.000069: principle of the best interest of childhood and adolescence and the doctrine of comprehensive protection.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 2.- Protected subjects.- The rules of this Code are applicable to all human beings, from their
p.000069: conception until I am eighteen years old. By exception, it protects people who have reached that age, in
p.000069: the cases expressly contemplated in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 157 CIVIL CODE (BOOK I), Arts. 41
p.000069: Art. 3.- Supplementality.- In what is not expressly provided for in this Code, the other regulations will apply.
p.000069: of the internal legal order, that do not contradict the principles recognized in this Code and are
p.000069: more favorable for the enforcement of the rights of children and adolescents.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
...
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19
p.000069: Art. 47.- Guarantees of access to adequate information.- To guarantee the right to information
p.000069: adequate, which is dealt with in the previous article, the State shall:
p.000069: a) Require the media to disseminate information and materials of social and cultural interest
p.000069: for children and adolescents;
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
p.000069: crime, that they have pornographic images or content or that they harm the minor's education; and,
p.000069: g) Require the audiovisual media to announce with sufficient anticipation and sufficient
p.000069: notoriety, the nature of the information and programs they present, and the age rating for their audience.
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
p.000069: messages and programs that incite violence, exploit fear or take advantage of children's lack of maturity,
p.000069: girls and adolescents to induce them to behavior harmful or dangerous to their health and safety
p.000069: personal and everything that violates morality or modesty.
p.000069: In any case, the application of measures or decisions related to this guarantee must faithfully observe
p.000069: the provisions of the Regulation for the Control of the Discretion of Administration Acts
p.000069: Public, issued by the President of the Republic.
p.000069: Note: Literal b) amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18, 19
p.000069: Art. 48.- Right to recreation and rest.- Children and adolescents have the right to recreation, to
p.000069: rest, games, sports and more activities typical of each evolutionary stage.
p.000069: It is the obligation of the State and the sectional governments to promote and inculcate in children and
p.000069: adolescence, the practice of traditional games; create and maintain safe and accessible spaces and facilities,
p.000069: adequate, safe and free public programs and shows for the exercise of this right.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 12
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Educational establishments must have sports, recreational, artistic and cultural areas, and
p.000069: allocate sufficient budgetary resources to carry out these activities.
...
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
p.000069: require; and the provision of early stimulation, rehabilitation, preparation for
p.000069: work, recreation and other necessary activities, which will be free for children and adolescents whose
p.000069: parents or caregivers are unable to pay for them.
p.000069: Matches:
...
p.000069: Psychological abuse is the one that causes emotional disturbance, psychological alteration or a decrease in self-esteem
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
p.000069: authority or person in charge of the institution or establishment to which it belongs.
p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 28 CIVIL CODE (BOOK I), Arts. 571
p.000069: CIVIL CODE (BOOK IV), Arts. 1464, 1981, 1983, 1998, 2035, 2058, 2064, 2076 LAW AGAINST VIOLENCE OF WOMEN AND
p.000069: FAMILY, Arts. 2, 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. eleven
p.000069: Art. 68.- Concept of sexual abuse.- Without prejudice to the provisions of the Penal Code on the matter,
p.000069: For the purposes of this Code, all physical contact, suggestion of
p.000069: sexual nature, to which a boy, girl or adolescent submits, even with their apparent consent,
p.000069: through seduction, blackmail, intimidation, deception, threats, or any other means.
p.000069: Any form of sexual harassment or abuse will be brought to the attention of the competent Tax Agent for the purposes of the
p.000069: law, without prejudice to the corresponding administrative investigations and sanctions.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 4
p.000069: Art. 69.- Concept of sexual exploitation.- Prostitution and pornography constitute sexual exploitation.
p.000069: childish. Child prostitution is the use of a child or adolescent in sexual activities in exchange for
p.000069: remuneration or any other remuneration. Child pornography is any representation, by any
p.000069: medium, of a boy, girl and adolescent in explicit, real or simulated sexual activities; or your organs
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
...
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
p.000069: fundamental.
p.000069: Art. 73.- Duty of protection in cases of abuse.- It is the duty of all people to intervene in the act to
p.000069: protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 74.- Prevention and policies regarding the matters covered by this title.- The State
p.000069: adopt legislative, administrative, social, educational and other measures, which are
p.000069: necessary to protect children and adolescents against the behaviors and acts provided for in this title, and
p.000069: will promote policies and programs aimed at:
p.000069: 1. Assistance to children and adolescents and to the persons responsible for their care and protection, in order to
p.000069: prevent these forms of violation of rights;
p.000069: 2. The prevention and investigation of cases of mistreatment, sexual abuse and exploitation, trafficking and
p.000069: lost;
p.000069: 3. The search, recovery and family reintegration, in cases of loss, plagiarism, illegal transfer and trafficking; and,
p.000069: 4. The promotion of a culture of good treatment in daily relationships between adults, boys, girls and adolescents.
p.000069: In the development of the policies and programs referred to in this article, the
p.000069: participation of society, family, children and adolescents.
...
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 120.- Immediate execution.- Resolutions on tenure will be fulfilled immediately, having
p.000069: resort to personal pressure and the search of the home where the child is presumed to be,
p.000069: girl or teenager, if necessary. No jurisdiction will be recognized that prevents or hinders the
p.000069: compliance with the resolution.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 924, 925
p.000069: Art. 121.- Recovery of the son or daughter.- When a boy, girl or adolescent has been taken to
p.000069: foreigner in violation of the provisions of this Code and judicial decisions on
p.000069: exercise of parental authority and tenure, the competent State agencies shall arbitrate
p.000069: immediately all the necessary measures for his return to the country. For the same effect, the Judge will exhort the
p.000069: competent judges of the state where the child or
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 31
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Teen.
p.000069: TITLE IV
p.000069: OF THE RIGHT TO VISITS
p.000069: Art. 122.- Obligation.- In all cases in which the Judge entrusts the possession or exercise of parental authority to
p.000069: one of the parents must regulate the regime of visits that the other may make to the son or daughter.
p.000069: When a protection measure has been decreed in favor of the son or daughter due to physical violence,
p.000069: psychological or sexual, the judge may deny the visitation regime with respect to the aggressor parent, or regulate visits
p.000069: in a directed manner, according to the severity of the violence. The Judge will consider this limitation when there is intra violence
p.000069: - family. The measures taken will seek to overcome the causes that determined the suspension.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272
p.000069: Art. 123.- How to regulate the visitation regime.- For the fixing and modifications of the visitation regime, the Judge
p.000069: The provisions of rule No. 1 of article 106 and the final paragraph of said article shall apply.
p.000069: If there is no agreement between the parents or the relatives requesting the fixation, or if the agreement to which
p.000069: have arrived is inconvenient for the rights of the son or daughter, the judge will regulate the visits taking into account:
p.000069: 1. If it is a parent, the way in which the parent has fulfilled his parental obligations; and,
p.000069: 2. The technical reports they deem necessary.
p.000069: Art. 124.- Extension.- The Judge will extend the regime of visits to ascendants and other blood relatives until
p.000069: the fourth degree of the collateral line, under the conditions contemplated in this title. You can also
p.000069: Do it with respect to other people, relatives or not emotionally linked to the child or adolescent.
p.000069: Art. 125.- Undue retention of the son or daughter.- The father, the mother or any person who unduly retains the
p.000069: son or daughter whose parental authority, possession or guardianship have been entrusted to another, or who hinders the
p.000069: visits, may be judicially required to deliver it immediately to the person who must have it and
...
p.000069: Art. 25.- Prohibition of leaving the country.- At the request of the party, in the first order, the judge
p.000069: decree without prior notification, the prohibition to leave the national territory, which
p.000069: will immediately notify the National Directorate of Migration.
p.000069: Art. 26.- Real precautionary measures.- In order to ensure the payment of alimony, the Judge may order
p.000069: any of the real constraints contemplated in the Code of Civil Procedure.
p.000069: Art. 27.- Cessation of constraints.- The prohibition to leave the country and the personal constraint referred to in the
p.000069: previous articles may cease if the obligor yields a real or personal guarantee deemed sufficient by the Judge.
p.000069: In the case of personal guarantee, the guarantor or guarantor will be subject to the same responsibilities and may
p.000069: be subjected to the same constraints as the main debtor.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 38
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: All other constraints and disqualifications will only cease with the full payment due and their respective
p.000069: interest, in cash or by certified check.
p.000069: Art. 28.- Other Disabilities.- The parent who is in default in the payment of the food benefit does not
p.000069: You can request that the parental authority of the beneficiary son or daughter be handed over, but you can exercise the right to
p.000069: visits regulated in this Code.
p.000069: Art. 29.- Application of these norms in other trials.- Within trials or processes for intra-family violence,
p.000069: claim of filiation, separation of assets, divorce and in general, in any other procedure
p.000069: in which the law expressly contemplates the possibility of requesting food in favor of children and adolescents,
p.000069: The rules established in this law will be compulsorily applied.
p.000069: Art. 30.- Privileged obligation.- The economic provision of food, has first class privilege and is
p.000069: will prefer to any other obligation.
p.000069: Art. 31.- Interest for late payment.- The default interest rate set by the Central Bank of Ecuador or the entity will be applied.
p.000069: state in charge of doing it, for each day of delay in the payment of the provision of food.
p.000069: Art. 32.- Expiration of the right.- The right to receive maintenance is extinguished by any of the following
p.000069: Causes:
p.000069: 1. For the death of the right holder;
p.000069: 2. For the death of all those obliged to pay; and,
p.000069: 3. For having disappeared all the circumstances that generated the right to payment of maintenance according to this law.
p.000069: Art. 33.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000069: Tenure and parental authority must be processed by separate rope. Forbid the counterclaim.
p.000069: CHAPTER II
p.000069: Of the Procedure for the fixation and collection of alimony and survival pensions
p.000069: Art. 34.- The demand.- The demand will be presented in writing, at the domicile of the right holder and in the form
p.000069: that for this purpose the Council of the Judiciary draw up, which will be available on its website. The formula
p.000069: must comply with the requirements established in the Code of Civil Procedure and this law and also
...
p.000061: and of the Boards of Protection of Rights will be judged and sanctioned by the Judge of Children and Adolescents of the
p.000061: respective jurisdiction.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 172
p.000061: TITLE X
p.000061: THE ADMINISTRATION OF JUSTICE OF CHILDREN AND ADOLESCENCE
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 255.- Specialty.- Establish the Administration of Specialized Justice for Children and
p.000061: Adolescence, integrated into the Judicial Function, for the knowledge and resolution of matters
p.000061: related to the protection of the rights and guarantees of children and adolescents regulated in this Code.
p.000061: Art. 256.- Guiding principles.- The Administration of Specialized Justice for Children and
p.000061: Adolescence will guide its actions and resolutions with strict adherence to the principles, rights, duties and
p.000061: responsibilities established in this Code.
p.000061: Its management is also inspired by the principles of humanity in the application of law, prioritization
p.000061: of equity over the rituality of prosecution, legality, independence, gratuitousness, morality,
p.000061: speed and efficiency.
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000061: Art. 257.- Guarantees of due process.- In all judicial proceedings that are substantiated pursuant to this
p.000061: Code, people will have the inviolability of the defense, the contradiction, the challenge, the
p.000061: immediacy, the right to be heard and other guarantees of due process.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 258.- Testimony of the offended boy, girl and adolescent.- In all judicial or
p.000061: administrative, the judge or the competent authority, will ensure that the best interests of the child or
p.000061: teenager who has been offended by the commission of a criminal offense.
p.000061: The child or adolescent will declare without oath, in the presence of their parents or guardian.
p.000061: If they do not have them, the Judge will designate and possess a special curator on the spot, preferring for the effect
p.000061: to a trusted person of the declarant.
p.000061: The declaration must be practiced in a reserved manner and under conditions that respect privacy, physical integrity and
p.000061: emotional of the child or adolescent. The procedural parties may witness the statement, if the Judge
p.000061: considers that it does not violate the best interests of the child or adolescent.
p.000061: After the declaration, the judge may authorize the interrogation of the parties through him.
...
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 314.- Right to be heard and question.- At all stages of the process, the adolescent subjected to trial
p.000061: you have the right:
p.000061: 1. Free and complete access to documents and parts of the process;
p.000061: 2. To be heard in any instance of the process; and,
p.000061: 3. To question directly or through their defense attorney and orally, the witnesses and experts, who will be
p.000061: obliged to appear before the judge for this purpose.
p.000061: The adolescent may be heard and questioned by sign language in case of hearing impairment.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 315.- Procedural speed. - Judges, Prosecutors for Teenage Offenders, public or private defenders and
p.000061: the Technical Office of the Administration of Justice must promptly promote the actions
p.000061: judicial. Those who unduly delay the process followed against a teenager, will be sanctioned in the form
p.000061: provided for in this Code, without prejudice to the penalties provided for in other laws.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 80
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 99
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 253, 254 CONSTITUTION
p.000061: OF THE REPUBLIC OF ECUADOR, Arts. 169
p.000061: Art. 316.- Right to be instructed on procedural actions.- The adolescent has the right to be instructed with
p.000061: clarity and precision by its defender, the Prosecutor, the team, the Technical Office and especially by the Judge,
p.000061: about the meaning, objectives and consequences of each of the actions and steps of the process.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 75, 77
p.000061: Art. 317.- Reservation guarantee.- The adolescent's private life and privacy will be respected in all instances of the
p.000061: process. The causes in which a teenager is involved will be processed confidentially. To their audiences only
p.000061: In addition to the judicial officials ordered by the Judge, the Teenage Prosecutor may attend
p.000061: Offenders, advocates, the adolescent, their legal representatives, and a family member or a trusted person,
p.000061: if so requested by the adolescent. The other persons who must intervene as witnesses or experts will remain in
p.000061: hearings the time strictly necessary to render their testimonies and reports and respond to
p.000061: interrogation of the parties.
p.000061: Any form of information dissemination that makes it possible to identify the adolescent or
p.000061: their families. Natural or legal persons who contravene the provisions of this article will be sanctioned in
p.000061: the form provided in this Code and other laws.
p.000061: Judicial, administrative and police officials will maintain secrecy and confidentiality about
p.000061: the criminal and police records of the adolescent offenders, who upon release have the right to
p.000061: have your file closed and destroyed. The original sentence or certified copy of it will be kept
p.000061: to keep a record for statistical purposes, for a possible filing of the appeal for review.
p.000061: With the exception of adolescents sentenced for crimes with a custodial sentence of more than ten years, the
p.000061: A criminal record certificate will not contain records of infractions committed while the person was
p.000061: Teen. Whoever does it will be subject to the sanctions of the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 251 CONSTITUTION OF
p.000061: THE REPUBLIC OF ECUADOR, Arts. 66
p.000061: Art. 318.- Guarantees of due process and challenge.- They are recognized in favor of the adolescent
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 81
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: all the guarantees of due process have been tried.
p.000061: The judicial resolutions are challengeable before the superior and the socio-educational measures applied
p.000061: are subject to revision, in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 319.- Proportionality guarantees.- The offending adolescent is guaranteed the due
p.000061: proportionality between the attributed offense and the socio-educational measure applied.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 320.- Judged thing.- Any form of termination of the process prevents a new
p.000061: investigation or prosecution for the same fact, even if its legal qualification is modified or known
p.000061: new circumstances. Consequently, no adolescent may be tried more than once for the same cause.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 321.- Exceptional deprivation of liberty:
p.000061: The deprivation of freedom of the adolescent will only be ordered as a last resort, by written order of the Judge
p.000061: competent, in cases, for time and with the formalities prescribed by law. The internment
...
p.002014: 5. The visiting regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER I
p.002014: THE TREATMENT
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 400.- Individual plan of application of the socio-educational measure.- For adolescents at liberty
p.002014: assisted, home hospitalization, weekend hospitalization, hospitalization with semi-open regime and
p.002014: institutional internment, individual plans of application of the socio-educational measure will be elaborated and executed,
p.002014: in accordance with the respective Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 401.- Programs.- The programs carried out in the centers will be framed in the following categories:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 106
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Education program that includes basic and higher, formal and informal instruction that contributes to the development of
p.002014: motor, psycho-affective and cognitive learning abilities and skills, in order to guarantee their access and
p.002014: permanence to the educational system.
p.002014: 2. Program to reduce violence and sexual assault.
p.002014: 3. Physical culture and sports program.
p.002014: 4. Cultural and artistic program.
p.002014: 5. Physical, sexual and mental health program.
p.002014: 6. Program of labor, productive and community service activities.
p.002014: 7. Crafts and plastic arts program.
p.002014: 8. Program that strengthens family ties.
p.002014: 9. Participation and human rights program.
p.002014: 10. Agricultural promotion and development program.
p.002014: 11. Programs and projects approved by the Ministry in charge of justice and rights affairs
p.002014: humans.
p.002014: 12. Others determined by the Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 402.- Record of program activities.- Each Center will keep a record of activities that the adolescent
p.002014: It is complying and its progress in them, according to its individualized program of
p.002014: application of the socio-educational measure, which will include the reports of the technical team, the
p.002014: comprehensive development evaluation, results, observations and recommendations that
p.002014: presented quarterly to the entity in charge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 403.- The adolescent's discharge from the center.- The approximate date of the adolescent's discharge is informed to their
p.002014: relatives, representatives or persons in charge of their care and the competent judge.
...
Social / Trade Union Membership
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p.000069: In the cases of numerals 1, 3 and 4 the Judge will declare the adoptability whenever, in addition to the circumstances
p.000069: described there, the child or adolescent lacks other relatives up to the third degree of consanguinity, or these
p.000069: are unable to permanently and stable assume their care and protection.
p.000069: The Judge who declares the adoptability of a child or adolescent must notify the Technical Unit of
p.000069: Adoptions of the respective jurisdiction, within a maximum period of ten days from the sentence
p.000069: was executed.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Article 159.- Requirements for adopters.- Candidates for adopters must meet the following requirements:
p.000069: 1. Be domiciled in Ecuador or in one of the states with which Ecuador has signed agreements of
p.000069: adoption;
p.000069: 2. Be legally capable;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 45
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 3. Be in full exercise of political rights;
p.000069: 4. Be over twenty-five years old.
p.000069: 5. Have an age difference of not less than fourteen nor greater than forty-five years with the
p.000069: adopted. The minimum difference will be reduced to ten years when it comes to adopting the spouse's child or
p.000069: cohabiting, in cases of de facto union that meets legal requirements. These age limitations are not
p.000069: apply to cases of adoption between relatives. For couples, the age limits will apply
p.000069: to the spouse, or younger partner;
p.000069: 6. In the case of a couple of adopters, they must be heterosexual and have been together for more than three years, in marriage or
p.000069: de facto union that meets legal requirements;
p.000069: 7. Enjoy adequate physical and mental health to fulfill parental responsibilities;
p.000069: 8. Have indispensable economic resources to guarantee the adoptee the satisfaction of their needs
p.000069: basic; and,
p.000069: 9. Failure to record a criminal record for crimes punishable by imprisonment.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1462, 1463
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 73 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000061: 61
p.000061: Art. 160.- Adoption by the guardian.- The guardian can adopt the conservatee once he has legally ceased
p.000061: of his office and the accounts of his administration have been judicially approved.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 252
p.000061: Art. 161.- Necessary consents.- For the adoption the following are required
p.000061: consents:
p.000061: 1. Of the adolescent to be adopted;
p.000061: 2. The father and mother of the child or adolescent to be adopted, who have not been deprived
p.000061: of parental authority;
p.000061: 3. From the guardian of the child or adolescent;
p.000061: 4. Of the spouse or partner of the adopter, in cases of marriage or de facto union that meets the requirements
p.000061: legal; and,
p.000061: 5. The parents of the adolescent father or mother who consents to the adoption of their child.
p.000061: The Judge has the obligation to personally verify, at the corresponding hearing, that the
p.000061: consent has been freely and spontaneously granted; and that the Technical Adoption Unit of the Ministry of
p.000061: Social Welfare has fulfilled the obligations indicated in the following article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461
p.000061: Art. 162.- Advice to the person who must give consent.- The Technical Unit for Adoptions of the
p.000061: Ministry of Social Welfare will give free advice to the person who must give consent for the
p.000061: adoption, on the meaning and effects of this protection measure; and will propose the alternatives that
p.000061: preserve the family bond after adoption. This unit will prepare a report on compliance with these
p.000061: obligations and will present it to the Judge who knows the adoption.
p.000061: Art. 163.- Prohibited adoptions.- Adoption is prohibited:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 46
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Of the unborn child; and,
p.000061: 2. By predetermined candidates, except when the child or adolescent to be adopted is a relative within
p.000061: of the fourth degree of consanguinity of the candidate to adopter, or son of the spouse or partner in the cases
p.000061: de facto union that meets the legal requirements. However, even in these cases the candidates for adopters must
p.000061: be declared suitable in accordance with the general rules.
p.000061: Art. 164.- Persons who must be heard for adoption.- In the administrative and judicial phases of the
p.000061: adoption must have the opinion of the child who is in a position to express it, and the adolescent in all
p.000061: the cases.
p.000061: The Judge will hear the relatives of the child or adolescent, the care entity involved and any person
p.000061: that can provide well-founded information on the inconvenience of the adoption or irregularities in the
p.000061: procedure used.
p.000061: Chapter II
p.000061: Administrative phase
p.000061: Art. 165.- Object of the administrative phase.- Every judicial adoption process will be preceded by a phase
p.000061: administrative which aims to:
p.000061: 1. Study and report on the physical, psychological, legal, family and social situation of the person who is going to
p.000061: be adopted
p.000061: 2. Declare the suitability of the candidates for adopters; and,
p.000061: 3. Assign, by administrative resolution, a family to a boy, girl or adolescent. This faculty
p.000061: it is exclusive to the corresponding Family Allowance Committee.
p.000061: Art. 166.- Prohibitions related to this phase.- It is prohibited:
p.000061: 1. The pre-allocation of a family to a child or adolescent, except in cases of difficult adoption,
...
Social / Victim of Abuse
Searching for indicator victim:
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p.000069: b) Their dignity, self-esteem, honor, reputation and self-image. They should be provided with warm and good relationships
p.000069: treatment based on the recognition of their dignity and respect for differences.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 13
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 52.- Prohibitions related to the right to dignity and image. It's prohibited:
p.000069: 1. The participation of children and adolescents in programs, advertising messages, in productions of
p.000069: pornographic content and in shows whose content is inappropriate for their age;
p.000069: 2. The use of children or adolescents in programs or shows of political proselytizing or
p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
...
p.000069: provided for in the Civil Code.
p.000069: Adolescents are responsible for their legal acts and illegal acts, under the terms of this Code. its
p.000069: civil liability for the acts or contracts they enter into will be effective on their professional property
p.000069: or industrial or on the assets of the association that they represent in accordance with the provisions of the previous article,
p.000069: according to the case.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1698, 1702, 2219, 2220, 2221
p.000069: TITLE IV
p.000069: OF THE PROTECTION AGAINST MISTREAT, ABUSE, SEXUAL EXPLOITATION, TRAFFICKING AND LOSS OF CHILDREN AND ADOLESCENTS
p.000069: Art. 67.- Concept of mistreatment.- Abuse is understood as all conduct, of action or omission, that causes or may
p.000069: cause harm to the physical, psychological or sexual integrity or health of a child or adolescent by
p.000069: anyone, including their parents, other relatives,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 17
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: educators and caregivers; Whatever the means used for the effect, its consequences and
p.000069: the time necessary for the recovery of the victim. The treatment is included in this rating
p.000069: negligent or serious or repeated negligence in fulfilling the obligations towards children and
p.000069: adolescents, relating to the provision of food, nutrition, medical care, education or care
p.000069: newspapers; and its use in begging.
p.000069: Psychological abuse is the one that causes emotional disturbance, psychological alteration or a decrease in self-esteem
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
...
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
p.000069: the delivery or receipt of undue payments or benefits aimed at obtaining the consent of
p.000069: the parents, persons or institution in whose charge the child or adolescent is.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 46
p.000069: Art. 71.- Concept of loss of children or adolescents.- For the purposes of this Code, it is considered
p.000069: loss of children or adolescents, their voluntary or involuntary absence from the home, educational establishment or
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
p.000069: fundamental.
p.000069: Art. 73.- Duty of protection in cases of abuse.- It is the duty of all people to intervene in the act to
p.000069: protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 74.- Prevention and policies regarding the matters covered by this title.- The State
p.000069: adopt legislative, administrative, social, educational and other measures, which are
p.000069: necessary to protect children and adolescents against the behaviors and acts provided for in this title, and
p.000069: will promote policies and programs aimed at:
...
p.000069: adolescent who is in the situation provided for in this article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272, 283
p.000069: Art. 78.- Right to protection against other forms of abuse.- Children and adolescents have the right to be
p.000069: provide protection against:
p.000069: 1. The consumption and improper use of alcoholic beverages, tobacco, narcotic drugs and psychotropic substances;
p.000069: 2. Participation in the production, marketing and advertising of the substances and objects to which the
p.000069: numerals 1 and 3;
p.000069: 3. The use of weapons, explosives and substances that endanger his life or personal integrity;
p.000069: 4. Public exposure of their organic or functional diseases or disabilities, to obtain
p.000069: economic benefits; and,
p.000069: 5. Induction to gambling.
p.000069: Art. 79.- Protection measures for the cases provided for in this title.- For the cases provided for in this title and without
p.000069: to the detriment of the general protection measures provided for in this Code and more laws, the authorities
p.000069: Administrative and judicial authorities will order one or more of the following measures:
p.000069: 1. Search of the place where the child or adolescent is, victim of the practice
p.000069: illicit, for its immediate recovery. This measure may only be decreed by the Judge for Children and Adolescents,
p.000069: who will order it immediately and without any formality;
p.000069: 2. Family custody or institutional care;
p.000069: 3. Insertion of the child or adolescent and their family in a protection and care program;
p.000069: 4. Granting of aid tickets in favor of the boy, girl or adolescent, against the person
p.000069: aggressor
p.000069: 5. Warning to the aggressor;
p.000069: 6. Insertion of the aggressor in a specialized care program;
p.000069: 7. Order of departure of the aggressor from the house, if his coexistence with the victim involves a risk to
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p.000069: the physical, psychological or sexual security of the latter; and re-entry of the victim, if applicable;
p.000069: 8. Prohibition of the aggressor from approaching the victim or maintaining any type of contact with her;
p.000069: 9. Prohibition of the aggressor from making threats, directly or indirectly, against the victim or his relatives;
p.000069: 10. Suspension of the aggressor in the tasks or functions that he performs;
p.000069: 11. Suspension of the operation of the entity or establishment where the abuse occurred
p.000069: institutional, while the conditions that justify the measure last;
p.000069: 12. Participation of the aggressor or the staff of the institution in which the institutional abuse has occurred,
p.000069: in workshops, courses or any type of training events; and,
p.000069: 13. Follow-up by the social work teams, to verify the rectification of the
p.000069: abusive behaviors.
p.000069: In emergency cases that provide serious indications of aggression or threat to physical integrity,
p.000069: psychological or sexual of the boy, girl or adolescent or of flagrant crime, the authorized attention entities may
p.000069: provisionally execute the measures of numerals 2 to 9, 12 and 13, and report it to the authority
p.000069: competent within a maximum period of seventy-two hours, to order the final measures.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 80.- Legal medical examinations.- Legal medical examinations of a boy, girl or adolescent will be practiced in
p.000069: strict conditions of confidentiality and respect for the intimacy and physical and emotional integrity of the patient.
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
p.000069: Art. 81.- Right to protection against labor exploitation.- Children and adolescents have
p.000069: the right to be protected by the State, society and the family against labor and economic exploitation and any
p.000069: form of slavery, servitude, forced or harmful work for your health, your physical, mental, spiritual development,
p.000069: moral or social, or that may hinder the exercise of their right to education.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 82.- Minimum age for work.- The minimum age for all types of
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 21
p.000069: eSilec Professional - www.lexis.com.ec
...
p.000061: corresponds only to the prosecutor. Private action offenses will be treated as criminal action
p.000061: public.
p.000061: Comprehensive reparations will proceed without the need for private accusation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 31
p.000061: Art. 334-A.- Prescriptions. The exercise of action in cases of crime will prescribe in three years and the
p.000061: contraventions in thirty days from its commission.
p.000061: Socio-educational measures will prescribe at the same time of their imposition. In no case will it be less than six months
p.000061: from the day the sentence was executed.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 334-B.- Related crimes. In the event that there are related crimes, the measure will be imposed
p.000061: socio-educational of the most serious crime.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 85
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 335.- The procedural subjects.- The procedural subjects are: The Prosecutors of Teenage Offenders and the adolescent
p.000061: indicted. The victim may participate in the process according to the rules of this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 336.- Prosecutors of offending adolescents. Prosecutors for teen offenders have the following
p.000061: attributions:
p.000061: 1. Direct the pre-procedural and procedural investigation.
p.000061: 2. Decide if the exercise of criminal action is justified according to the merit of your investigation.
p.000061: 3. Procure the forms for early termination of the process, where appropriate.
p.000061: 4. Decide the referral, where appropriate.
p.000061: 5. Request admission to the protection system for victims, witnesses and other procedural subjects.
p.000061: 6. Direct the Police investigation in the cases it instructs.
p.000061: 7. The other functions indicated in the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 337.- The victim.- The victim may report the facts to the prosecutor, participate in the process and
p.000061: file appeals, when it deems necessary for the defense of their interests.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: Art. 338.- Offended in crimes of public criminal action.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 339.-Note: Article repealed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Chapter II
p.000061: Stages of judgment
p.000061: Art. 340.- Stages.- The process for judging the adolescent has these stages:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 86
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p.000061: 1. Instruction.
p.000061: 2. Evaluation and Trial Preparation.
p.000061: 3. Judgment.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: First Section
p.000061: Prior Research and Instruction
p.000061: Note: Denomination of section title replaced by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 341.- Knowledge and initiation of the investigation.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
...
p.000061: Art. 344.- Conclusion of the Instruction. After the instruction, if the existence of the infraction is not determined
p.000061: investigated or the responsibility of the adolescent, the prosecutor will issue his abstentive opinion in writing and in a
p.000061: motivated within a maximum period of five days requesting the competent judge to dictate the dismissal. In this
p.000061: In this case, any precautionary measure that was ordered against the adolescent will cease immediately.
p.000061: In the event that the existence of the crime is determined and the adolescent is considered to have participated in the act,
p.000061: will request the competent judge to set a date and time for the evaluation and preparatory hearing for
p.000061: trial in which the prosecutor will issue his accusatory opinion.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Second Section
p.000061: Forms of early termination
p.000061: Art. 345.- Conciliation. The prosecutor may promote conciliation as long as the crime is punishable by penalties
p.000061: custodians of up to ten years.
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p.000061: To promote conciliation, a meeting will be held with the adolescent, his parents or representatives present.
p.000061: legal or people who have it in their care and the victim, the Prosecutor will expose the possible accusation and hear
p.000061: propositions.
p.000061: If a preliminary agreement is reached, the Prosecutor will present it to the Judge, together with the eventual accusation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 346.- Conciliation Hearing.- Once the request for the Conciliation Hearing has been received, the Judge will summon
p.000061: to a hearing, which must be held no later than ten days after receiving the request, in the same
p.000061: will listen to the parties and if an agreement is reached, the respective minutes will be drawn up, which must contain the obligations
p.000061: established and the deadlines to make them effective.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 347.- Conciliation promoted by the judge. The competent judge may promote an agreement
p.000061: conciliatory, provided that the crime is punished with custodial sentences of up to ten years. This is
p.000061: will propose at the evaluation hearing and trial preparation. If the conciliation agreement is reached, it will appear in
p.000061: minutes according to the previous article.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 348.- Content of the obligations.- The obligations established in the agreement of
p.000061: conciliation may refer to the repair of the damage caused or the performance of certain activities
p.000061: Specific measures for the adolescent to assume his responsibility for the acts of which he is accused.
p.000061: The settlement agreement reached in the evaluation and preparatory hearing for trial or approval
p.000061: on the part of the judge of the agreement promoted by the public prosecutor they are obligatory and once fulfilled
p.000061: thoroughness, they end the process.
p.000061: In case of breach of the obligations contained in the agreement, the competent judge will continue substantiating the
p.000061: initial procedure.
p.000061: The period of fulfillment of the obligations contracted in the conciliation, will not be imputed for the computation of the
p.000061: prescription of action.
p.000061: If one or more of the victims does not accept the conciliation, the prosecution will continue and their right to
p.000061: compensation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 348-A.- Criminal mediation. Mediation allows the exchange of opinions between the victim and the adolescent,
p.000061: during the process, so that they confront their points of view and manage to solve the conflict that
p.000061: keep. It may refer to the repair, restitution or compensation of the damages caused; realization or
p.000061: abstention from certain conduct; and, provision of services to the community.
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p.000061: It will proceed in the same cases of conciliation.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-B.- Request. At any time until before the conclusion of the instruction stage, any subject
p.000061: procedural may request the judge, submit the case to mediation. Once accepted, the judge will refer a center
p.000061: specialized mediation.
p.000061: Parents, legal representatives, or caregivers of the adolescent will participate in the mediation
p.000061: together with the procedural subjects.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-C.- General rules. Mediation will be governed by the following rules:
p.000061: 1. Existence of free, informed and vice-free consent by the victim and the
p.000061: express, free and voluntary acceptance of the adolescent.
p.000061: 2. If there is a plurality of adolescents or victims, the process will continue with respect to those who do not attend the
p.000061: agreement.
p.000061: 3. In case of not reaching an agreement, the statements made at the mediation hearing will have no value
p.000061: any evidence.
p.000061: 4. The Judicial Council will keep a quantitative and personal record of the adolescent and their
p.000061: family, which will record the cases that are subject to mediation and the results of the
p.000061: same.
p.000061: 5. The mediation will be in charge of specialized mediators accredited by the Judicial Council.
p.000061: 6. The Judicial Council will organize mediation centers for adolescent matters.
p.000061: 7. Notifications will be made at the court, electronic court address or by email
p.000061: indicated by the procedural subjects.
p.000061: 8. The mediation record will be sent to the judge who referred the case to the respective mediation center.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-D.- Effects of mediation. Once the agreement is fulfilled, the judge will declare the criminal action extinguished. In
p.000061: In case of non-compliance, the initial process will continue.
p.000061: The terms of the agreement will not be imputed for the calculation of the prescription of the exercise of the action.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 349.- Suspension of the trial process. The prosecutor, even at the evaluation hearing and
p.000061: preparatory trial, may propose the suspension of the trial process, if the
p.000061: consent of the adolescent and these are crimes punishable by imprisonment of up to ten years.
p.000061: Once the petition is presented, the judge will call a hearing and if the victim attends, it will be heard. The presence of
p.000061: Adolescent advocate is a validity requirement.
p.000061: The suspension period of the trial process, is not imputed for the computation of the prescription of the action.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 90
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p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 349-A.- Suspension order.- The suspension order of the trial process will contain:
p.000061: 1. The detailed relationship of the facts and the determination of the criminal type.
p.000061: 2. The socio-educational measure of orientation and psycho-family partner support.
p.000061: 3. The repair of the damage caused, if applicable.
p.000061: 4. The conditions or terms of the agreed obligations, which cannot be less than a quarter of the time of
p.000061: the possible measure to be applied in case of being responsible for the crime and will never be greater than a third of the
p.000061: same.
p.000061: 5. The name of the institution responsible for providing psycho-family counseling or support and the reasons why
p.000061: justify.
p.000061: 6. The adolescent's obligation to inform the prosecutor of changes in the residence, workplace or educational center.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 350.- Fulfillment of the agreed obligations.- If the adolescent fulfills the obligations
p.000061: agreed, the Prosecutor will request the Judge to file the case, otherwise he will request that the process of
p.000061: judgment.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 351.- Referral with judicial authorization. It is possible to refer in the infractions sanctioned with penalties
p.000061: deprivation of liberty of up to five years, when the following requirements are met:
p.000061: 1. That the adolescent's consent is available.
p.000061: 2. That the adolescent has not been imposed a socio-educational measure or previous remission for a crime of equal or
p.000061: increased severity.
p.000061: For the referral, the adolescent will be taken to any psycho-family counseling and support program,
p.000061: community services or assisted freedom.
p.000061: The referral does not imply the recognition of the infraction by the adolescent and extinguishes the
p.000061: process as long as the program is fully complied with.
p.000061: The judge may grant the referral of the case at the request of the prosecutor or the adolescent. The petition will be proposed in the
p.000061: evaluation hearing and trial preparation. If the victim attends the hearing, they will be heard by
p.000061: the judge.
p.000061: The order granting the referral will contain the detailed account of the facts and the grounds
p.000061: legal; the determination of the orientation program to which he is sent and its duration.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 91
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 352.- Tax remission. If the investigated infringement is one of those sanctioned with a custodial sentence of
p.000061: up to two years and if the victim has been remedied for the damages resulting from the offense, the prosecutor
p.000061: may declare the referral of the case and archive the file.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 353.- Intervention of the Judge in cases of remission in crimes sanctioned with a minor correctional prison sentence
p.000061: To one year.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Third Section
p.000061: Assessment hearing and trial preparation
p.000061: Note: Denomination of section title replaced by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 354.- Tax accusation. The prosecutor will request the judge to indicate the day and time for the hearing of
p.000061: evaluation and trial preparation in which it will decide if there are sufficient merits to proceed to the trial of the
p.000061: Teen. This hearing will be held within a minimum period of six and a maximum of ten days from the
p.000061: date of request.
p.000061: The fiscal accusation must meet the requirements set forth in the Organic Comprehensive Criminal Code.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 355.- Call.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 74, 75, 76, 77 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 92
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 356.- Evaluation Hearing and trial preparation. The Assessment Hearing and
p.000061: preparatory trial will be conducted in accordance with the following rules:
p.000061: 1. Once the hearing is installed, the judge will request the procedural subjects to rule on the vices
p.000061: formal regarding what has been done. If pertinent, they will be corrected at the same hearing.
p.000061: 2. The judge will decide on questions of procedure, preliminary ruling, competence and
p.000061: procedural issues that may affect the validity of the process. Nullity will always be declared
p.000061: that may influence the decision of the process or cause defenselessness. Any omission will hold the
p.000061: judges who incur it, who will be sentenced on the respective coasts.
p.000061: 3. The judge will give the prosecution the floor to expose the grounds of his accusation. Then it will intervene
p.000061: the victim, if present, and the adolescent's advocate.
p.000061: 4. At this hearing, proposals for conciliation, suspension of the trial process, or
p.000061: remission.
p.000061: 5. After the intervention of the procedural subjects, if there are no procedural defects that affect the validity
p.000061: procedural will continue the hearing, for which the parties must:
p.000061: a) Announce the evidence that will be presented at the trial hearing, make requests and
p.000061: approaches that they consider relevant regarding the offer of evidence made by others
p.000061: intervening parties.
p.000061: b) Request the exclusion, rejection or inadmissibility of the evidence, in accordance with the provisions of the
p.000061: Law, that are aimed at proving notorious facts or that for any other reason do not require proof.
p.000061: The judge will rule in a motivated way rejecting the objection or accepting it and in the latter case, will declare what
p.000061: Evidence is ineffective until then procedural excluding the practice of illegal means of evidence.
p.000061: c) The evidentiary agreements will be made by mutual consensus between the parties or at the request of one of them when the
p.000061: fact it is unnecessary to prove, including on the appearance of the experts to give testimony on
p.000061: the reports submitted.
p.000061: 6. In no case will the judge order the practice of evidence ex officio.
p.000061: 7. After the interventions of the procedural subjects, the judge will verbally announce his resolution of
p.000061: dismiss or call a trial hearing; and, within forty-eight hours the announced resolution will be
p.000061: forwarded in writing and motivated.
p.000061: 8. At the end, the reason for the completion of the hearing that includes the identity of the
p.000061: appearing and the decision of the judge.
...
p.000061: announcement date.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 93
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p.000061: Art. 358.- Announcement of evidence.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 113, 256, 260
p.000061: Fourth Section
p.000061: The Trial Hearing
p.000061: Note: Section amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Section with its articles replaced by articles 359 to 363-e given by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 359.- Trial Hearing.- The trial hearing will be based on the tax indictment.
p.000061: The judge specialized in offending adolescents will declare the trial hearing installed, on the day and time
p.000061: indicated, with the presence of the public prosecutor of offending adolescents, the adolescent, together with his
p.000061: private or public defender.
p.000061: If, at the time of installing the audience, the adolescent is absent, he / she will feel the reason for this and
p.000061: He will suspend the hearing until he is present. The judge will arrange the necessary measures to ensure their
p.000061: appearance.
p.000061: If all the witnesses or experts summoned to give testimony do not appear, the judge will ask the
p.000061: procedural parties the relevance of continuing the hearing with those present listening to their
p.000061: arguments. Finally, the judge will decide whether or not to continue the hearing.
p.000061: On the appointed day and time, the judge will set up the oral trial, giving the floor to both the prosecution and the victim
p.000061: to be present, and to the adolescent's defense to present their opening arguments, before proceeding to the
p.000061: presentation and practice of tests.
p.000061: The practice of tests will be carried out according to the rules established in the Comprehensive Organic Penal Code.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 360.- Closing arguments.- Once the evidence is concluded, the judge will grant the floor to allege on
p.000061: the existence of the crime, the responsibility of the adolescent and the applicable socio-educational measure,
p.000061: according to the following order and provisions:
p.000061: 1. The prosecutor and the defense will present, in that order, their arguments or allegations. If the victim
p.000061: requiriere will intervene after the prosecutor. There will be a right of reply.
p.000061: 2. The judge will define in each case, the maximum extension of the intervention time for
p.000061: conclusion arguments, considering the volume of evidence seen at the hearing and the complexity of
p.000061: the charges resulting from the facts contained in the accusation.
p.000061: 3. Once the allegations are presented, the judge will declare the end of the debate and will deliberate to
p.000061: announce the oral judgment on responsibility and the socio-educational measure.
p.000061: 4. In case the adolescent's innocence is ratified, the judge will order his immediate freedom
p.000061: if it is deprived of it, it will lift all the precautionary measures imposed and issue without
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 94
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: delay the corresponding orders. The release order will proceed immediately even if it has not been executed.
p.000061: the sentence or appeals are filed.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 361.- The sentence.- The oral decision of the judge specialized in offending adolescents will be reduced to
p.000061: written in judgment.
p.000061: The sentence will contain both the reason for the existence of the infraction, the responsibility or not of the adolescent,
p.000061: as well as the determination of the socio-educational measure and the integral reparation to the victim, when appropriate.
p.000061: The judge will order the notification with the content of the sentence, within a period of three days after the
p.000061: completion of the trial hearing. From this, the term will run to present the
p.000061: corresponding challenges according to the provisions of the Law.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 362.- Requirements of the sentence.- The sentence will contain:
p.000061: 1. The indication of the specialized juvenile offender judge, the place, date and time it is issued;
p.000061: the adolescent's first and last names and other information that serves to identify him.
p.000061: 2. The statement of the evidence practiced and the precise and circumstantial relationship of the punishable act and
p.000061: of the adolescent's acts that the judge considers proven.
p.000061: 3. The judge's decision, with the reasoned statement of its factual and legal grounds.
p.000061: 4. The operative part, with mention of the legal provisions applied.
p.000061: 5. The indication and duration of the socio-educational measure; and, its form of compliance, when appropriate.
p.000061: 6. Comprehensive reparation and its form of compliance.
p.000061: 7. The existence or not of an improper action by the private or public prosecutor or defender. In such a case
p.000061: will notify the judgment to the Judicial Council for the corresponding procedure.
p.000061: 8. The order to destroy samples of substances for crimes of illicit production or trafficking of substances
p.000061: listed subject to inspection.
p.000061: 9. The provision to the centers of adolescent offenders or zonal Units of integral development for adolescents
p.000061: violators of the obligation to report monitoring and control reports of the measure imposed.
...
p.000061: the month thirty days. The duration of the preventive internment will be computed to the socio-educational measure. When in
p.000061: the preventive internment expires the time provided in the socio-educational measure, the judge will declare it
p.000061: extinguished and will order the immediate release of the adolescent, without the need for another document or requirement
p.000061: for it to become effective.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-C.- Opportunity to execute the socio-educational measure.- The socio-educational measure will be met a
p.000061: once the sentence is executed.
p.000061: No pregnant adolescent, whatever their gestation period, may be deprived of their liberty or be
p.000061: notified with sentence, but ninety days after delivery.
p.000061: In no case will socio-educational deprivation of liberty measures be applied to adolescents who have
p.000061: permanent total disability that limits their performance.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-D.- Reparation in the sentence.- Every condemnatory sentence will contemplate the imposition of one or more
p.000061: conditions for the comprehensive reparation of the victim, in accordance with the following rules:
p.000061: 1. The victim must be identified and does not require having actively participated in the process.
p.000061: 2. Reparation will be discussed at the trial hearing.
p.000061: 3. If there is more than one person responsible, the judge will determine the type of reparation based on the circumstances.
p.000061: of the offense and the degree of participation as an author or accomplice, and if the crime was intentionally committed or
p.000061: guilty.
p.000061: 4. In the cases in which the victims are repaired for actions of a constitutional nature, the
p.000061: The judge will refrain from applying as a sanction the judicially determined forms of reparation.
p.000061: 5. If the repair is quantifiable in money, the necessary justification is required to fix the amount.
p.000061: 6. The obligation to make monetary reparation to the victim has first-class privilege over others.
p.000061: adolescent obligations. The judge will use the mechanisms provided by law for debt collection.
p.000061: 7. The judge may determine the payment methods, if they voluntarily accept the convicted adolescent and the
p.000061: victim.
p.000061: 8. In no case may the modality of payment of monetary reparation lead the adolescent or his representative
p.000061: legal to an economic situation that prevents their dignified subsistence.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-E.- Mechanisms for comprehensive reparation.-
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 96
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: The individual or collective integral reparation mechanisms are:
p.000061: 1. The restitution of the situation that existed if the wrongful act had not been committed.
p.000061: 2. Compensation for material and immaterial damage refers to compensation for any resulting damage
p.000061: as a consequence of an infraction and that is economically evaluable.
p.000061: 3. Non-pecuniary satisfaction measures aimed at repairing the non-pecuniary damage caused to the
p.000061: victim.
p.000061: 4. The guarantees of non-repetition, are oriented to the prevention of rights violations and the creation
p.000061: of sufficient conditions to avoid their repetition. They identify with the adoption of
p.000061: the necessary measures to avoid that the victims are affected with the commission of new infractions of the same
p.000061: gender.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Fifth Section The challenge
p.000061: Art. 364.- Presentation of the appeal. - The appeal is in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 320, 323, 330, 365
p.000061: Art. 365.- Processing in Superior Court.- Once the file has been received by the Superior Court, a
p.000061: a hearing for the parties to present their allegations.
p.000061: The processing before the Superior Court may not exceed forty-five days, counted from the entry of the case
p.000061: to the respective room.
p.000061: Art. 366.- Resources. The appeals, nullity, fact, cassation and review resources come from
p.000061: pursuant to the Organic Comprehensive Criminal Code.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 320, 321, 323, 330, 365
p.000061: Chapter III
p.000061: Judgment of contraventions
p.000061: Art. 367.- Competent Judge.- The Teenager Offender Judge is competent for the judgment of all
p.000061: contraventions committed by adolescents, including those of land transit.
p.000061: Art. 368.- Procedure.- The judgment will be made in a single hearing, previous summons to the
...
Searching for indicator abuse:
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p.000069: fingerprints and plantar prints and the mother's first name, last name, age and fingerprint; and
p.000069: issue the corresponding legal certificate for immediate registration in the Civil Registry;
p.000069: 5. Inform the parents in a timely manner of the legal requirements and procedures for the child's enrollment.
p.000069: or girl in the Civil Registry;
p.000069: 6. Guarantee the safe permanence of the newborn with his mother, until both are in
p.000069: health conditions that allow them to subsist safely outside the establishment;
p.000069: 7. Diagnosis and medical follow-up of children born with pathological problems or
p.000069: disabilities of any kind;
p.000069: 8. Inform the parents in a timely manner about the ordinary and special care they must provide to the newborn
p.000069: born, especially to children who have been found to have a disability;
p.000069: 9. Encourage the child to be fed through breastfeeding, at least until the first year of
p.000069: lifetime;
p.000069: 10. Provide a warm and quality treatment compatible with the dignity of the child and adolescent;
p.000069: 11. Immediately report to the authorities and competent bodies the cases of children and adolescents with
p.000069: signs of sexual abuse or abuse; and those in which the identity or address of
p.000069: The parents;
p.000069: 12. Collect and retain evidence of sexual abuse or maltreatment; and,
p.000069: 13. Inform the competent authorities when children with evident disabilities are born.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 362, 365
p.000069: Art. 31.- Right to social security.- Children and adolescents have the right to security
p.000069: Social. This right consists of effective access to the general benefits and benefits of the system,
p.000069: in accordance with the law.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 7
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3. 4
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
p.000069: healthy, ecologically balanced and pollution-free environment that guarantees your health, safety
p.000069: food and integral development.
p.000069: The Central Government and the sectional governments will establish clear and precise policies for the
p.000069: conservation of the environment and the ecosystem.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 15, 66, 397, 414
p.000069: Chapter III
p.000069: Development-related rights
p.000069: Art. 33.- Right to identity.- Children and adolescents have the right to identity and the elements
p.000069: that constitute it, especially the name, nationality and family relationships, in accordance with
p.000069: the law.
...
p.000069: Duties of parents and other responsible for children and adolescents:
p.000069: 1. Enroll them in educational establishments;
p.000069: 2. Select for your children an education according to their principles and beliefs;
p.000069: 3. Actively participate in the development of educational processes;
p.000069: 4. Control the attendance of their sons, daughters or those represented at educational establishments;
p.000069: 5. Actively participate to improve the quality of education;
p.000069: 6. Ensure the maximum use of the educational means provided by the State and society;
p.000069: 7. Monitor the respect of the rights of their sons, daughters or those represented on campus
p.000069: educational; and,
p.000069: 8. Report violations of these rights, to which they are aware.
p.000069: Art. 40.- Disciplinary measures.- Teaching practice and discipline in educational establishments
p.000069: they will respect the rights and guarantees of children and adolescents; will exclude all forms of abuse,
p.000069: mistreatment and devaluation, therefore, any form of cruel, inhuman and degrading punishment.
p.000069: Art. 41.- Sanctions prohibited.- Educational establishments are prohibited from applying:
p.000069: 1. Corporal sanctions;
p.000069: 2. Psychological sanctions threatening the dignity of children and adolescents;
p.000069: 3. Collective sanctions are prohibited; and,
p.000069: 4. Measures that imply exclusion or discrimination due to a student's personal condition,
p.000069: their parents, legal representatives or those who have them in their care. Included in this prohibition are
p.000069: discriminatory measures due to pregnancy or maternity of an adolescent. No child or adolescent is
p.000069: You can deny registration or expel due to the condition of your parents.
p.000069: In any procedure aimed at establishing the responsibility of a child or adolescent for an act of
p.000069: indiscipline in an educational establishment, the right to defense of the student and their parents or
p.000069: representatives.
p.000069: Any form of sexual assault in educational establishments will be brought to the attention of the Agent
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
...
p.000069: Art. 51.- Right to personal liberty, dignity, reputation, honor and image.- Children and adolescents have
p.000069: right to respect:
p.000069: a) Your freedom, with no limitations other than those established by law. Parents and those responsible for their care
p.000069: they will guide them in the exercise of this right; and,
p.000069: b) Their dignity, self-esteem, honor, reputation and self-image. They should be provided with warm and good relationships
p.000069: treatment based on the recognition of their dignity and respect for differences.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 13
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 52.- Prohibitions related to the right to dignity and image. It's prohibited:
p.000069: 1. The participation of children and adolescents in programs, advertising messages, in productions of
p.000069: pornographic content and in shows whose content is inappropriate for their age;
p.000069: 2. The use of children or adolescents in programs or shows of political proselytizing or
p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
...
p.000069: representatives in the exercise of their right of association and whose amount does not exceed two thousand dollars.
p.000069: Adolescents may directly exercise those legal actions aimed at the exercise and protection of their
p.000069: rights and guarantees. Boys and girls may directly request help for the protection of their rights when
p.000069: they must direct the action against their legal representative.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 82 CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: CIVIL CODE (BOOK IV), Arts. 1453, 1461, 1462, 1463, 1486
p.000069: COMMERCE CODE, Arts. 6, 8, 9, 483 LABOR CODE, Arts. 35
p.000069: Art. 66.- Responsibility of children and adolescents.- Boys and girls are exempt from responsibility
p.000069: legal. For their harmful acts and acts, their parents or guardians will respond civilly in cases and forms.
p.000069: provided for in the Civil Code.
p.000069: Adolescents are responsible for their legal acts and illegal acts, under the terms of this Code. its
p.000069: civil liability for the acts or contracts they enter into will be effective on their professional property
p.000069: or industrial or on the assets of the association that they represent in accordance with the provisions of the previous article,
p.000069: according to the case.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1698, 1702, 2219, 2220, 2221
p.000069: TITLE IV
p.000069: OF THE PROTECTION AGAINST MISTREAT, ABUSE, SEXUAL EXPLOITATION, TRAFFICKING AND LOSS OF CHILDREN AND ADOLESCENTS
p.000069: Art. 67.- Concept of mistreatment.- Abuse is understood as all conduct, of action or omission, that causes or may
p.000069: cause harm to the physical, psychological or sexual integrity or health of a child or adolescent by
p.000069: anyone, including their parents, other relatives,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 17
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: educators and caregivers; Whatever the means used for the effect, its consequences and
p.000069: the time necessary for the recovery of the victim. The treatment is included in this rating
p.000069: negligent or serious or repeated negligence in fulfilling the obligations towards children and
p.000069: adolescents, relating to the provision of food, nutrition, medical care, education or care
p.000069: newspapers; and its use in begging.
p.000069: Psychological abuse is the one that causes emotional disturbance, psychological alteration or a decrease in self-esteem
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
p.000069: authority or person in charge of the institution or establishment to which it belongs.
p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 28 CIVIL CODE (BOOK I), Arts. 571
p.000069: CIVIL CODE (BOOK IV), Arts. 1464, 1981, 1983, 1998, 2035, 2058, 2064, 2076 LAW AGAINST VIOLENCE OF WOMEN AND
p.000069: FAMILY, Arts. 2, 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. eleven
p.000069: Art. 68.- Concept of sexual abuse.- Without prejudice to the provisions of the Penal Code on the matter,
p.000069: For the purposes of this Code, all physical contact, suggestion of
p.000069: sexual nature, to which a boy, girl or adolescent submits, even with their apparent consent,
p.000069: through seduction, blackmail, intimidation, deception, threats, or any other means.
p.000069: Any form of sexual harassment or abuse will be brought to the attention of the competent Tax Agent for the purposes of the
p.000069: law, without prejudice to the corresponding administrative investigations and sanctions.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 4
p.000069: Art. 69.- Concept of sexual exploitation.- Prostitution and pornography constitute sexual exploitation.
p.000069: childish. Child prostitution is the use of a child or adolescent in sexual activities in exchange for
p.000069: remuneration or any other remuneration. Child pornography is any representation, by any
p.000069: medium, of a boy, girl and adolescent in explicit, real or simulated sexual activities; or your organs
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
p.000069: the delivery or receipt of undue payments or benefits aimed at obtaining the consent of
p.000069: the parents, persons or institution in whose charge the child or adolescent is.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 46
p.000069: Art. 71.- Concept of loss of children or adolescents.- For the purposes of this Code, it is considered
p.000069: loss of children or adolescents, their voluntary or involuntary absence from the home, educational establishment or
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
p.000069: fundamental.
p.000069: Art. 73.- Duty of protection in cases of abuse.- It is the duty of all people to intervene in the act to
p.000069: protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 74.- Prevention and policies regarding the matters covered by this title.- The State
p.000069: adopt legislative, administrative, social, educational and other measures, which are
p.000069: necessary to protect children and adolescents against the behaviors and acts provided for in this title, and
p.000069: will promote policies and programs aimed at:
p.000069: 1. Assistance to children and adolescents and to the persons responsible for their care and protection, in order to
p.000069: prevent these forms of violation of rights;
p.000069: 2. The prevention and investigation of cases of mistreatment, sexual abuse and exploitation, trafficking and
p.000069: lost;
p.000069: 3. The search, recovery and family reintegration, in cases of loss, plagiarism, illegal transfer and trafficking; and,
p.000069: 4. The promotion of a culture of good treatment in daily relationships between adults, boys, girls and adolescents.
p.000069: In the development of the policies and programs referred to in this article, the
p.000069: participation of society, family, children and adolescents.
p.000069: Art. 75.- Prevention of institutional abuse.- The State will plan and implement administrative measures,
p.000069: legislative, pedagogical, protection, care, care and others that are necessary, in institutions
p.000069: public and private, in order to eradicate all forms of mistreatment and abuse, and to improve relationships
p.000069: between adults and boys, girls and adolescents, and of these among themselves, especially in the environment of their daily life.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 19
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Administrative, pedagogical, training, traditional cultural practices, protection, care,
p.000069: care and of any other kind carried out by any public or private institution, must respect the
p.000069: rights and guarantees of children and adolescents, and to exclude all forms of mistreatment and abuse.
p.000069: Art. 76.- Cultural practices of mistreatment.- It will not be admitted as justification of the practices to which it refers
p.000069: neither this mitigation nor the effect of establishing the consequent responsibilities, the allegation
p.000069: that they constitute training methods or that they are traditional cultural practices.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: Art. 77.- Protection against the illegal transfer and retention of children and adolescents. - The transfer is prohibited.
p.000069: and the retention of children and adolescents when they violate the exercise of parental authority, the
p.000069: visiting regime or the rules on authorization to leave the country.
p.000069: Children and adolescents who have been transferred or held illegally, have the right to be reinstated to
p.000069: their family environment and to enjoy visits from their parents and other relatives in accordance with the provisions of this
p.000069: Code.
p.000069: The State will take all the necessary measures to achieve the family return and reintegration of the child or
p.000069: adolescent who is in the situation provided for in this article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272, 283
p.000069: Art. 78.- Right to protection against other forms of abuse.- Children and adolescents have the right to be
p.000069: provide protection against:
p.000069: 1. The consumption and improper use of alcoholic beverages, tobacco, narcotic drugs and psychotropic substances;
p.000069: 2. Participation in the production, marketing and advertising of the substances and objects to which the
p.000069: numerals 1 and 3;
p.000069: 3. The use of weapons, explosives and substances that endanger his life or personal integrity;
p.000069: 4. Public exposure of their organic or functional diseases or disabilities, to obtain
p.000069: economic benefits; and,
p.000069: 5. Induction to gambling.
p.000069: Art. 79.- Protection measures for the cases provided for in this title.- For the cases provided for in this title and without
p.000069: to the detriment of the general protection measures provided for in this Code and more laws, the authorities
p.000069: Administrative and judicial authorities will order one or more of the following measures:
p.000069: 1. Search of the place where the child or adolescent is, victim of the practice
p.000069: illicit, for its immediate recovery. This measure may only be decreed by the Judge for Children and Adolescents,
p.000069: who will order it immediately and without any formality;
p.000069: 2. Family custody or institutional care;
p.000069: 3. Insertion of the child or adolescent and their family in a protection and care program;
p.000069: 4. Granting of aid tickets in favor of the boy, girl or adolescent, against the person
p.000069: aggressor
p.000069: 5. Warning to the aggressor;
p.000069: 6. Insertion of the aggressor in a specialized care program;
p.000069: 7. Order of departure of the aggressor from the house, if his coexistence with the victim involves a risk to
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 20
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: the physical, psychological or sexual security of the latter; and re-entry of the victim, if applicable;
p.000069: 8. Prohibition of the aggressor from approaching the victim or maintaining any type of contact with her;
p.000069: 9. Prohibition of the aggressor from making threats, directly or indirectly, against the victim or his relatives;
p.000069: 10. Suspension of the aggressor in the tasks or functions that he performs;
p.000069: 11. Suspension of the operation of the entity or establishment where the abuse occurred
p.000069: institutional, while the conditions that justify the measure last;
p.000069: 12. Participation of the aggressor or the staff of the institution in which the institutional abuse has occurred,
p.000069: in workshops, courses or any type of training events; and,
p.000069: 13. Follow-up by the social work teams, to verify the rectification of the
p.000069: abusive behaviors.
p.000069: In emergency cases that provide serious indications of aggression or threat to physical integrity,
p.000069: psychological or sexual of the boy, girl or adolescent or of flagrant crime, the authorized attention entities may
p.000069: provisionally execute the measures of numerals 2 to 9, 12 and 13, and report it to the authority
p.000069: competent within a maximum period of seventy-two hours, to order the final measures.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 80.- Legal medical examinations.- Legal medical examinations of a boy, girl or adolescent will be practiced in
p.000069: strict conditions of confidentiality and respect for the intimacy and physical and emotional integrity of the patient.
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
p.000069: Art. 81.- Right to protection against labor exploitation.- Children and adolescents have
p.000069: the right to be protected by the State, society and the family against labor and economic exploitation and any
p.000069: form of slavery, servitude, forced or harmful work for your health, your physical, mental, spiritual development,
p.000069: moral or social, or that may hinder the exercise of their right to education.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 82.- Minimum age for work.- The minimum age for all types of
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 21
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: work, including domestic service, with the exceptions provided in this Code, plus laws and
p.000069: international instruments with legal force in the country.
...
p.000069: 1. That they respect the adolescent's physical and psychological development, in the sense of being assigned
p.000069: only tasks commensurate with their abilities and evolutionary stage;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 22
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 2. That they contribute to the formation and development of adolescent skills and abilities;
p.000069: 3. That they transmit cultural values ​​and norms in harmony with adolescent development; and,
p.000069: 4. That they develop within the scope and benefit of the community to which the adolescent or his family belongs.
p.000069: Art. 87.- Prohibited work.- Teen work is prohibited:
p.000069: 1. In mines, landfills, beds, quarries and extractive industries of any kind;
p.000069: 2. In activities that involve the manipulation of explosive, psychotropic, toxic, dangerous substances
p.000069: or harmful to your life, your physical or mental development and your health;
p.000069: 3. In brothels or tolerance zones, places of games of chance, sale of alcoholic beverages and others that may
p.000069: be inconvenient for the moral or social development of the adolescent;
p.000069: 4. In activities that require the use of dangerous machinery or that expose you to noise that exceeds the limits
p.000069: legal tolerance;
p.000069: 5. In an activity that may aggravate the disability, in the case of adolescents who have it;
p.000069: 6. In other activities prohibited in other legal bodies, including international instruments
p.000069: ratified by Ecuador; and,
p.000069: 7. In homes whose members have a history as perpetrators of abuse or mistreatment.
p.000069: The Ministry in charge of Labor Relations will determine the specific forms of dangerous, harmful or
p.000069: risky that are prohibited for adolescents, taking into account their nature, conditions and risk
p.000069: for their life and personal integrity, health, education, security and integral development.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CONSTITUTION OF THE REPUBLIC
p.000069: DEL ECUADOR, Arts. 46
p.000069: Chapter II
p.000069: I work as employees
p.000069: Art. 88.- Forms of the employment contract.- The individual employment contract for adolescents is
p.000069: It shall be held in writing and shall be registered with the Municipality and with the Labor Inspectorate of the respective jurisdiction.
p.000069: The employer has the obligation to register the employment contract within thirty days, without
p.000069: prejudice to the adolescent's right to request such registration by himself.
p.000069: In the absence of a written contract, the adolescent may prove the employment relationship by any means, including
p.000069: the deferred oath.
p.000069: Whenever a person benefits from the work of a teenager; it is presumed, for all legal purposes, the
p.000069: existence of an employment relationship.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 8, 12, 14, 35, 144, 147, 593 CODE OF CIVIL PROCEDURE, Arts. 148
p.000069: Art. 89.- Labor and social rights.- Adolescents who work under the relationship of
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 23
p.000069: eSilec Professional - www.lexis.com.ec
...
p.000069: the authorization of the other being recorded in a public document and duly authenticated if it has been granted in
p.000069: foreignXcountry.
p.000069: Art. 110.- Ways to grant the exit authorization.- The parent (s) may grant the
p.000069: authorization referred to in the previous article before the Judge or a Notary Public.
p.000069: In cases of refusal, absence or incapacity of the father or mother, the other may request it from the Judge, who
p.000069: will grant or deny, with knowledge of the cause, within a period not exceeding fifteen days.
p.000069: Art. 111.- Limitation of parental authority.- When advised by the best interests of the son or daughter, the Judge may
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
p.000069: 5. Alcoholism and dependence on narcotic or psychotropic substances, which endanger development
p.000069: integral of the son or daughter; and,
p.000069: 6. When inciting, causing or allowing the minor to execute acts that violate his physical or moral integrity.
p.000069: Once the cause that motivated the suspension has disappeared, the affected parent may request the Judge to
p.000069: restitution of parental authority.
p.000069: Parental authority with respect to one of the parents suspended; will be exercised by the other who does not
p.000069: find disabled. If both are, a guardian will be given to the son or daughter.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
p.000069: 5. Manifests lack of interest in maintaining with the son or daughter the parental relationships essential for their
p.000069: integral development, for a period of more than six months;
p.000069: 6. Serious or repeated breach of the duties imposed by parental authority; and,
p.000069: 7. Allow or induce begging of the son or daughter.
p.000069: Private one of the parents of parental authority, will exercise the other who is not
p.000069: disabled. If both are, the non-emancipated son will be given a guardian. In the absence of relatives
p.000069: called by law to exercise guardianship either because it does not exist or because they cannot assume it, the Judge will declare in it
p.000069: the decision of deprivation, the adoptability of the child or adolescent.
p.000069: When the behaviors described in this article constitute a crime of public action of official instance,
p.000069: the Judge will send a copy of the file ex officio to the corresponding Prosecutor to initiate the criminal process.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 279, 281, 303, 306, 308, 311, 367, 385
p.000069: Article 114.- Inadmissibility of limiting, suspending or depriving parental authority for economic reasons.- The circumstance of
...
p.000061: The National Decentralized System for the Comprehensive Protection of Children and Adolescents contemplates
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 53
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: five types of comprehensive protection policies, namely:
p.000061: 1. Basic and fundamental social policies, which refer to the universal conditions and services that
p.000061: All children and adolescents have the right, equally and without exception, as protection of the
p.000061: family, education; health, nutrition, housing, parental employment and social security, among
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
p.000061: children and adolescents; and,
p.000061: 5. Participation policies, aimed at building citizenship for boys, girls and
p.000061: teenagers.
p.000061: Comprehensive Protection Plans that are designed to achieve the purposes of comprehensive protection policies
...
p.000061: or enter their programs;
p.000061: 2. Media directors, video and recording editors, and manufacturers
p.000061: and merchants of products aimed at children or adolescents, whose publications,
p.000061: editions and packaging of products contravene the prohibitions contained in article 46;
p.000061: 3. Those responsible for establishments and shows, public or private, that admit boys, girls and
p.000061: teens to shows and shows not rated as age-appropriate; and,
p.000061: 4. People who promote or allow any form of participation, public or private, of children,
p.000061: girls and adolescents in programs, commercial messages and shows whose content is inappropriate for their age.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 251.- Infractions against the right to privacy and image.- They will be sanctioned with a fine
p.000061: indicated in article 248:
p.000061: 1. The media, those responsible for programming or editing, and journalists, who disseminate
p.000061: information that allows or enables the identification of a teenager involved in criminal prosecution, or
p.000061: from their relatives;
p.000061: 2. The media and persons indicated in the previous numeral, that publish or exhibit reports, voice or image or any
p.000061: data or information that allows the identification of a child or adolescent who has been the object of any form of
p.000061: sexual abuse or maltreatment;
p.000061: 3. Public officials who by any means, directly or indirectly, do or allow them to be done
p.000061: public the police or judicial records of the adolescents that have been investigated,
p.000061: prosecuted or deprived of their liberty for a criminal offense, in contravention of the provisions
p.000061: by article 53;
p.000061: 4. Those who use the image of a child or adolescent in any means of communication or advertising resource
p.000061: without the express authorization of the latter or his legal representative; and,
p.000061: 5. Natural or legal persons who distort, ridicule or exploit through any means the image of
p.000061: children or adolescents with disabilities.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 252.- Infractions related to adoption.- They will be sanctioned with the fine indicated in the article
p.000061: 248:
p.000061: 1. Those who condition consent for adoption to any consideration of a character
p.000061: economic; and,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 67
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 2. The tutor who adopts his pupil without having previously approved the accounts of his administration.
p.000061: Article 253.- Other infractions sanctioned with a fine.- They will be sanctioned with the fine indicated in article 248:
...
p.000061: immediately released.
p.000061: No child may be detained, even in the event of a flagrant offense. In this event, it must be delivered from
p.000061: immediately to their legal representatives and, if they do not have them, to a service entity. It is prohibited to receive a child in a
p.000061: Internment Center; and if in fact it happens, the Center Coordinator will be removed from his post.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 327.- Procedure in cases of apprehension.- In the cases of the previous article, if the apprehension
p.000061: of the adolescent is carried out by police officers, they must immediately send it to the
p.000061: Prosecutor for Teenage Offenders with a detailed report on the circumstances of the arrest, the
p.000061: material evidences and the identification of the possible witnesses and of the apprehensors.
p.000061: When it has been practiced by any other person, it must be delivered immediately to the police unit or agent
p.000061: closest, those that will proceed in the manner indicated in the previous paragraph.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 83
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: If the detainee shows signs of physical abuse, the Prosecutor will order his transfer to a
p.000061: health facility and will open the investigation to determine the cause and type of injuries and those responsible.
p.000061: When the fact that motivated the adolescent's deprivation of liberty is not classified as an offense
p.000061: By the Comprehensive Organic Penal Code, the Prosecutor will immediately release him.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 8 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 328.- Detention for investigation.- The competent Judge may order the detention, for up to twenty-four hours,
p.000061: of an adolescent against whom there are reasonable presumptions of responsibility for illegal acts, when
p.000061: requested by the Prosecutor, in order to investigate a public action violation and justify that it is
p.000061: the presence of the adolescent is essential for this.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Art. 329.- Detention to ensure the appearance.- The Prosecutor may request the Judge to order the arrest of a
p.000061: adolescent, for up to twenty-four hours, to ensure their appearance at the trial hearing.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
...
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p.000069: Law 100
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE
p.000069: Official Registry 737 of Jan 3, 2003 Last modified: Jul 7, 2014 Status: Valid
p.000069: NATIONAL CONGRESS
p.000069: In use of its constitutional and legal powers, issues the following: CODE OF CHILDREN AND ADOLESCENTS
p.000069: BOOK FIRST
p.000069: CHILDREN, GIRLS AND ADOLESCENTS AS SUBJECTS OF RIGHTS
p.000069: TITLE I DEFINITIONS
p.000069: Art. 1.- Purpose.- This Code provides for the integral protection that the State, society and the family must
p.000069: guarantee to all children and adolescents living in Ecuador, in order to achieve their integral development
p.000069: and the full enjoyment of their rights, within a framework of freedom, dignity and equity.
p.000069: To this end, it regulates the enjoyment and exercise of children's rights, duties and responsibilities,
p.000069: girls and adolescents and the means to make them effective, guarantee and protect them, in accordance with
p.000069: principle of the best interest of childhood and adolescence and the doctrine of comprehensive protection.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 2.- Protected subjects.- The rules of this Code are applicable to all human beings, from their
p.000069: conception until I am eighteen years old. By exception, it protects people who have reached that age, in
p.000069: the cases expressly contemplated in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 157 CIVIL CODE (BOOK I), Arts. 41
p.000069: Art. 3.- Supplementality.- In what is not expressly provided for in this Code, the other regulations will apply.
p.000069: of the internal legal order, that do not contradict the principles recognized in this Code and are
p.000069: more favorable for the enforcement of the rights of children and adolescents.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. one
p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
...
p.000069: People who have information about it, must provide it and offer the facilities to locate them.
p.000069: Art. 22.- Right to have a family and family coexistence.- Children and adolescents have the right to
p.000069: live and develop in your biological family. The State, society and the family must adopt as a priority
p.000069: appropriate measures that allow their permanence in said family.
p.000069: Exceptionally, when this is impossible or contrary to their best interests, children and adolescents
p.000069: they have the right to another family, in accordance with the law.
p.000069: In all cases, the family must provide them with a climate of affection and understanding that allows respect for their
p.000069: rights and their integral development.
p.000069: Institutional fostering, preventive detention, deprivation of liberty or any other
p.000069: A solution that distracts them from the family environment, should be applied as the last and exceptional measure.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67, 69
p.000069: Art. 23.- Prenatal protection.- The application of penalties and custodial measures to women will be replaced.
p.000069: pregnant until ninety days after delivery, and the judge must order the precautionary measures that are appropriate.
p.000069: The Judge may extend this term in the case of mothers of children with severe disabilities and qualified by the body
p.000069: relevant, for as long as necessary, according to the needs of the child.
p.000069: The person responsible for the application of this rule that violates this prohibition or allows another to
p.000069: contravenes, will be sanctioned in the manner provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248 CIVIL CODE (BOOK I), Arts. 61
p.000069: Art. 24.- Right to breastfeeding.- Boys and girls have the right to breastfeeding to ensure their
p.000069: affective bond with his mother, adequate nutrition, growth and development.
p.000069: It is the obligation of public and private health establishments to develop stimulation programs for
p.000069: breastfeeding.
p.000069: Art. 25.- Attention to pregnancy and childbirth.- Public power and health institutions and assistance to boys and girls
p.000069: and adolescents will create adequate conditions for care during pregnancy and childbirth, to
p.000069: favor of the mother and of the boy or girl, especially in the case of adolescent mothers and of boys or girls with
p.000069: weight less than two thousand five hundred grams.
p.000069: Matches:
...
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
p.000069: require; and the provision of early stimulation, rehabilitation, preparation for
p.000069: work, recreation and other necessary activities, which will be free for children and adolescents whose
p.000069: parents or caregivers are unable to pay for them.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46, 47
...
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
p.000069: authority or person in charge of the institution or establishment to which it belongs.
p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 28 CIVIL CODE (BOOK I), Arts. 571
p.000069: CIVIL CODE (BOOK IV), Arts. 1464, 1981, 1983, 1998, 2035, 2058, 2064, 2076 LAW AGAINST VIOLENCE OF WOMEN AND
p.000069: FAMILY, Arts. 2, 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. eleven
p.000069: Art. 68.- Concept of sexual abuse.- Without prejudice to the provisions of the Penal Code on the matter,
p.000069: For the purposes of this Code, all physical contact, suggestion of
p.000069: sexual nature, to which a boy, girl or adolescent submits, even with their apparent consent,
p.000069: through seduction, blackmail, intimidation, deception, threats, or any other means.
p.000069: Any form of sexual harassment or abuse will be brought to the attention of the competent Tax Agent for the purposes of the
p.000069: law, without prejudice to the corresponding administrative investigations and sanctions.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 4
p.000069: Art. 69.- Concept of sexual exploitation.- Prostitution and pornography constitute sexual exploitation.
p.000069: childish. Child prostitution is the use of a child or adolescent in sexual activities in exchange for
p.000069: remuneration or any other remuneration. Child pornography is any representation, by any
p.000069: medium, of a boy, girl and adolescent in explicit, real or simulated sexual activities; or your organs
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
...
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
p.000069: fundamental.
p.000069: Art. 73.- Duty of protection in cases of abuse.- It is the duty of all people to intervene in the act to
p.000069: protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 74.- Prevention and policies regarding the matters covered by this title.- The State
p.000069: adopt legislative, administrative, social, educational and other measures, which are
p.000069: necessary to protect children and adolescents against the behaviors and acts provided for in this title, and
p.000069: will promote policies and programs aimed at:
p.000069: 1. Assistance to children and adolescents and to the persons responsible for their care and protection, in order to
p.000069: prevent these forms of violation of rights;
p.000069: 2. The prevention and investigation of cases of mistreatment, sexual abuse and exploitation, trafficking and
p.000069: lost;
p.000069: 3. The search, recovery and family reintegration, in cases of loss, plagiarism, illegal transfer and trafficking; and,
p.000069: 4. The promotion of a culture of good treatment in daily relationships between adults, boys, girls and adolescents.
p.000069: In the development of the policies and programs referred to in this article, the
p.000069: participation of society, family, children and adolescents.
...
p.000069: SECOND: The Family, Woman, Childhood and Adolescence Judges will officiate at the National Electoral Council, to
p.000069: SENRES, the Superintendency of Banks and Insurance, the Mercantile Registrar, the Registrar of the
p.000069: Property and how much authority is required, notifying the name of the debtor, the amount of the obligation due
p.000069: with their respective interests and the obligation to comply and enforce the resolution of disability
p.000069: provided for in this law.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 41
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: TRANSITORY DISPOSITIONS
p.000069: FIRST.- The National Council for Children and Adolescents, within a period of sixty days from the
p.000069: validity of this law, will prepare and publish the Table of Minimum Alimony, which
p.000069: It must be prepared based on technical studies on the amount required to satisfy the needs.
p.000069: basic of the beneficiaries.
p.000069: Once the National Council for Children and Adolescents becomes one of the National Equality Councils,
p.000069: The updating and setting of the Table of Minimum Alimony will be carried out by the Ministry of Inclusion
p.000069: Social and Economic.
p.000069: SECOND.- The Judicial Council, within a term of up to ninety days from the effective date of the
p.000069: This law will execute a National Program for the Improvement and Modernization of the Family, Women's Courts,
p.000069: Childhood and adolescence. This program will include: the purging of inactive or
p.000069: abandonment; elimination of judicial default through the massive fixing of basic alimony of
p.000069: pursuant to what is determined in this law and the establishment of emerging measures and
p.000069: Immediate to prevent the delay of the judicial decision regarding pension fixing
p.000069: food.
p.000069: Within the same period, the provisional and emergent appointment of Family Judges shall be empowered to the Judicial Council,
p.000069: Women, Children and Adolescents, in the number that is necessary for the cities of: Quito, Guayaquil, Manta, Santo
p.000069: Domingo de los Colorados, Esmeraldas and in the provincial capitals that the Council determines.
p.000069: A specialized commission of the Ministry of Justice will evaluate the results of the program and will issue the report
p.000069: respective, so that in case of negligence or non-compliance, the National Assembly initiates the respective impeachment
p.000069: against the Members of the Council of the Judiciary.
p.000069: THIRD.- The Judicial Council within thirty days from the effective date of the
p.000069: This Law will prepare and order the immediate implementation of the "Single Form for the Demand for
p.000069: Alimony and Incident of Increase or Decrease of Alimony ". Failure to comply with this
p.000069: obligation will be informed by the Ministry of Justice and if warranted it will lead to the initiation of
p.000069: respective impeachment for the removal of the members and members of said councils, by
p.000069: of the National Assembly.
p.000069: FOURTH.- The Council of the Judiciary will implement, within 120 days, an automated direct access system to
p.000069: the information on the income of those obliged to provide food, for which purpose the
p.000069: respective agreement with the Internal Revenue Service, SRI. For the purposes of other information, the Council
p.000069: of the Judiciary will prepare the respective project in order to cross information with other systems of
p.000069: registration such as that of the Superintendency of Banks, property and commercial.
p.000069: The institutions described and those determined by the Judicial Council, will implement mechanisms
p.000069: free of automatic and electronic delivery of information to the judges through key systems or
p.000069: others.
p.000069: FIFTH.- In food lawsuits that, at the date of issuance of the Pension Table
p.000069: Minimum Alimony, they are in process in the Judicial Branch and in which a pension has not been set
p.000069: provisional maintenance, check as provisional alimony the basic determined in the Table of
p.000069: Minimum Alimony.
p.000069: SIXTH.- As of the Table of Minimum Alimony Pensions, no pension
p.000069: food may be less than the minimum established in the Table.
p.000069: SEVENTH.- The Ministry of Public Health will implement within a period of no more than 360 days a
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 42
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Genetic Research Unit in which comparative examinations of
p.000069: the patterns of bands or sequences of deoxyribonucleic acid (DNA).
p.000069: EIGHTH.- Within a period of one hundred and eighty days from the approval of this law, the municipalities that have not created
p.000069: the Rights Protection Boards will have the obligation to do so. Failure to comply will lead to
p.000069: corresponding action by the State Comptroller General.
p.000069: FINAL DISPOSITION
p.000069: FIRST: Title V of the Second Book "On the Right to Food" of the Children's Code is repealed and
p.000069: Adolescence, published in the Official Registry No. 737 of January 3, 2003.
p.000069: TITLE VI
p.000069: ON THE RIGHT OF PREGNANT WOMEN TO FOOD
p.000069: Art. 148.- Content.- The pregnant woman has the right, from the moment of conception, to food for the
p.000069: attention to their needs for food, health, clothing, housing, childbirth, postpartum care, and during the
p.000069: lactation period for a period of twelve months from the birth of the son or daughter; if the creature dies in
p.000069: the mother's womb, or the boy or girl dies after childbirth, the protection to the mother will subsist for up to a period
p.000069: not more than twelve months from the death of the fetus or the boy or girl.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 61, 62, 233
p.000069: Jurisprudence:
p.000069: Judicial Gazette, SPECIAL SUMMARY PRENATAL FOOD TRIAL, May 28, 2012
p.000069: Art. 149.- Obligations to provide alimony.- The father of the child or
p.000069: girl, the alleged father in the case of article 131, and the other persons indicated in article 129.
p.000069: If the paternity of the defendant is not legally established, the Judge may decree the maintenance payment,
p.000069: provisional and definitive, since in the process there are tests that provide precise indications, sufficient
p.000069: and concordant to reach a conviction about the paternity or maternity of the defendant.
p.000069: Once the birth has occurred, the parties may request the biological tests referred to in the
p.000069: Article 131, with the consequences indicated in the same article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 253, 276, 355
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
...
p.000061: respective jurisdiction.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 172
p.000061: TITLE X
p.000061: THE ADMINISTRATION OF JUSTICE OF CHILDREN AND ADOLESCENCE
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 255.- Specialty.- Establish the Administration of Specialized Justice for Children and
p.000061: Adolescence, integrated into the Judicial Function, for the knowledge and resolution of matters
p.000061: related to the protection of the rights and guarantees of children and adolescents regulated in this Code.
p.000061: Art. 256.- Guiding principles.- The Administration of Specialized Justice for Children and
p.000061: Adolescence will guide its actions and resolutions with strict adherence to the principles, rights, duties and
p.000061: responsibilities established in this Code.
p.000061: Its management is also inspired by the principles of humanity in the application of law, prioritization
p.000061: of equity over the rituality of prosecution, legality, independence, gratuitousness, morality,
p.000061: speed and efficiency.
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000061: Art. 257.- Guarantees of due process.- In all judicial proceedings that are substantiated pursuant to this
p.000061: Code, people will have the inviolability of the defense, the contradiction, the challenge, the
p.000061: immediacy, the right to be heard and other guarantees of due process.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 258.- Testimony of the offended boy, girl and adolescent.- In all judicial or
p.000061: administrative, the judge or the competent authority, will ensure that the best interests of the child or
p.000061: teenager who has been offended by the commission of a criminal offense.
p.000061: The child or adolescent will declare without oath, in the presence of their parents or guardian.
p.000061: If they do not have them, the Judge will designate and possess a special curator on the spot, preferring for the effect
p.000061: to a trusted person of the declarant.
p.000061: The declaration must be practiced in a reserved manner and under conditions that respect privacy, physical integrity and
p.000061: emotional of the child or adolescent. The procedural parties may witness the statement, if the Judge
p.000061: considers that it does not violate the best interests of the child or adolescent.
p.000061: After the declaration, the judge may authorize the interrogation of the parties through him.
...
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 314.- Right to be heard and question.- At all stages of the process, the adolescent subjected to trial
p.000061: you have the right:
p.000061: 1. Free and complete access to documents and parts of the process;
p.000061: 2. To be heard in any instance of the process; and,
p.000061: 3. To question directly or through their defense attorney and orally, the witnesses and experts, who will be
p.000061: obliged to appear before the judge for this purpose.
p.000061: The adolescent may be heard and questioned by sign language in case of hearing impairment.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 315.- Procedural speed. - Judges, Prosecutors for Teenage Offenders, public or private defenders and
p.000061: the Technical Office of the Administration of Justice must promptly promote the actions
p.000061: judicial. Those who unduly delay the process followed against a teenager, will be sanctioned in the form
p.000061: provided for in this Code, without prejudice to the penalties provided for in other laws.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 80
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 99
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 253, 254 CONSTITUTION
p.000061: OF THE REPUBLIC OF ECUADOR, Arts. 169
p.000061: Art. 316.- Right to be instructed on procedural actions.- The adolescent has the right to be instructed with
p.000061: clarity and precision by its defender, the Prosecutor, the team, the Technical Office and especially by the Judge,
p.000061: about the meaning, objectives and consequences of each of the actions and steps of the process.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 75, 77
p.000061: Art. 317.- Reservation guarantee.- The adolescent's private life and privacy will be respected in all instances of the
p.000061: process. The causes in which a teenager is involved will be processed confidentially. To their audiences only
p.000061: In addition to the judicial officials ordered by the Judge, the Teenage Prosecutor may attend
p.000061: Offenders, advocates, the adolescent, their legal representatives, and a family member or a trusted person,
p.000061: if so requested by the adolescent. The other persons who must intervene as witnesses or experts will remain in
p.000061: hearings the time strictly necessary to render their testimonies and reports and respond to
p.000061: interrogation of the parties.
p.000061: Any form of information dissemination that makes it possible to identify the adolescent or
p.000061: their families. Natural or legal persons who contravene the provisions of this article will be sanctioned in
p.000061: the form provided in this Code and other laws.
p.000061: Judicial, administrative and police officials will maintain secrecy and confidentiality about
p.000061: the criminal and police records of the adolescent offenders, who upon release have the right to
p.000061: have your file closed and destroyed. The original sentence or certified copy of it will be kept
p.000061: to keep a record for statistical purposes, for a possible filing of the appeal for review.
p.000061: With the exception of adolescents sentenced for crimes with a custodial sentence of more than ten years, the
p.000061: A criminal record certificate will not contain records of infractions committed while the person was
p.000061: Teen. Whoever does it will be subject to the sanctions of the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 251 CONSTITUTION OF
p.000061: THE REPUBLIC OF ECUADOR, Arts. 66
p.000061: Art. 318.- Guarantees of due process and challenge.- They are recognized in favor of the adolescent
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 81
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: all the guarantees of due process have been tried.
p.000061: The judicial resolutions are challengeable before the superior and the socio-educational measures applied
p.000061: are subject to revision, in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 319.- Proportionality guarantees.- The offending adolescent is guaranteed the due
p.000061: proportionality between the attributed offense and the socio-educational measure applied.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 320.- Judged thing.- Any form of termination of the process prevents a new
p.000061: investigation or prosecution for the same fact, even if its legal qualification is modified or known
p.000061: new circumstances. Consequently, no adolescent may be tried more than once for the same cause.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 321.- Exceptional deprivation of liberty:
p.000061: The deprivation of freedom of the adolescent will only be ordered as a last resort, by written order of the Judge
p.000061: competent, in cases, for time and with the formalities prescribed by law. The internment
...
Social / Youth/Minors
Searching for indicator minor:
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p.000069: a) Require the media to disseminate information and materials of social and cultural interest
p.000069: for children and adolescents;
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
p.000069: crime, that they have pornographic images or content or that they harm the minor's education; and,
p.000069: g) Require the audiovisual media to announce with sufficient anticipation and sufficient
p.000069: notoriety, the nature of the information and programs they present, and the age rating for their audience.
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
p.000069: messages and programs that incite violence, exploit fear or take advantage of children's lack of maturity,
p.000069: girls and adolescents to induce them to behavior harmful or dangerous to their health and safety
p.000069: personal and everything that violates morality or modesty.
p.000069: In any case, the application of measures or decisions related to this guarantee must faithfully observe
p.000069: the provisions of the Regulation for the Control of the Discretion of Administration Acts
p.000069: Public, issued by the President of the Republic.
p.000069: Note: Literal b) amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18, 19
p.000069: Art. 48.- Right to recreation and rest.- Children and adolescents have the right to recreation, to
p.000069: rest, games, sports and more activities typical of each evolutionary stage.
p.000069: It is the obligation of the State and the sectional governments to promote and inculcate in children and
...
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
p.000069: 5. Alcoholism and dependence on narcotic or psychotropic substances, which endanger development
p.000069: integral of the son or daughter; and,
p.000069: 6. When inciting, causing or allowing the minor to execute acts that violate his physical or moral integrity.
p.000069: Once the cause that motivated the suspension has disappeared, the affected parent may request the Judge to
p.000069: restitution of parental authority.
p.000069: Parental authority with respect to one of the parents suspended; will be exercised by the other who does not
p.000069: find disabled. If both are, a guardian will be given to the son or daughter.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
p.000069: 5. Manifests lack of interest in maintaining with the son or daughter the parental relationships essential for their
p.000069: integral development, for a period of more than six months;
p.000069: 6. Serious or repeated breach of the duties imposed by parental authority; and,
...
p.000061: Chapter II
p.000061: Stages of judgment
p.000061: Art. 340.- Stages.- The process for judging the adolescent has these stages:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 86
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Instruction.
p.000061: 2. Evaluation and Trial Preparation.
p.000061: 3. Judgment.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: First Section
p.000061: Prior Research and Instruction
p.000061: Note: Denomination of section title replaced by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 341.- Knowledge and initiation of the investigation.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 342.- Previous investigation. Before starting the investigation, the prosecutor may investigate the facts that
p.000061: Any means come to your attention in which the participation of a teenager is presumed.
p.000061: The previous investigation will not exceed four months in crimes punishable by deprivation of liberty of
p.000061: up to five years, or eight months in those sanctioned with a sentence of more than five years.
p.000061: Once the indicated periods have elapsed, the prosecutor, within a period of ten days, will carry out the criminal action or
p.000061: will file the cause, and in case of not doing so, said omission will be considered as a minor infraction according to the Code
p.000061: Organic of the Judicial Function.
p.000061: Within the periods established for the investigation, the prosecutor will request the competent judge to indicate the day and time
p.000061: for the charge hearing, provided there are sufficient elements.
p.000061: The charge formulation hearing will take place in accordance with the rules of the Organic Code
p.000061: Comprehensive Criminal Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 342-A.- Hearing of flagrancy rating. In flagrant infringement cases, within twenty-four
p.000061: hours since the apprehension took place, the oral hearing will be held before the competent judge, in
p.000061: which will be classified as flagrant and the legality of the apprehension. The prosecutor will file charges and, if applicable
p.000061: request the precautionary and protective measures that the case warrants.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 342-B.- Mental disorder. The adolescent with permanent or transient mental disorder and committing a
p.000061: infraction, will not be criminally responsible, however, will be the competent judge
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 87
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: who will issue a proportional security measure, after a psychiatric report from a designated professional
p.000061: by the prosecutor.
p.000061: The competent judge will maintain the execution of the imposed measure or decree its revocation, ex officio or upon request.
...
p.000061: process as long as the program is fully complied with.
p.000061: The judge may grant the referral of the case at the request of the prosecutor or the adolescent. The petition will be proposed in the
p.000061: evaluation hearing and trial preparation. If the victim attends the hearing, they will be heard by
p.000061: the judge.
p.000061: The order granting the referral will contain the detailed account of the facts and the grounds
p.000061: legal; the determination of the orientation program to which he is sent and its duration.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 91
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 352.- Tax remission. If the investigated infringement is one of those sanctioned with a custodial sentence of
p.000061: up to two years and if the victim has been remedied for the damages resulting from the offense, the prosecutor
p.000061: may declare the referral of the case and archive the file.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 353.- Intervention of the Judge in cases of remission in crimes sanctioned with a minor correctional prison sentence
p.000061: To one year.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Third Section
p.000061: Assessment hearing and trial preparation
p.000061: Note: Denomination of section title replaced by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 354.- Tax accusation. The prosecutor will request the judge to indicate the day and time for the hearing of
p.000061: evaluation and trial preparation in which it will decide if there are sufficient merits to proceed to the trial of the
p.000061: Teen. This hearing will be held within a minimum period of six and a maximum of ten days from the
p.000061: date of request.
p.000061: The fiscal accusation must meet the requirements set forth in the Organic Comprehensive Criminal Code.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 355.- Call.-
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 74, 75, 76, 77 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 92
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 356.- Evaluation Hearing and trial preparation. The Assessment Hearing and
...
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: CHAPTER III
p.002014: DISCIPLINARY REGIME FOR ADOLESCENT ADOLESCENTS
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 413.- Competent authority.- The disciplinary power in the centers corresponds to its Coordinator.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 414.- Preventive security.- The persons in charge of the security of the centers will take urgent measures.
p.002014: aimed at avoiding or preventing disciplinary offenses, provided they do not violate the integrity of the
p.002014: adolescents, who must immediately communicate to the Center Coordinator.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 415.- Obligations of the offending adolescents. They are obligations of the offending adolescents
p.002014: the following:
p.002014: 1. Comply with the rules established in the respective Constitution, laws and regulations.
p.002014: 2. Respect the dignity, physical, mental and sexual integrity of all the people who are in the Centers.
p.002014: 3. Take care of the goods and materials that have been delivered to you for your use.
p.002014: 4. Refrain from causing any material damage to the Centers.
p.002014: 5. Help the conservation and cleanliness of the Center.
p.002014: 6. Comply with the legitimate instructions given by the officials of the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 416.- Disciplinary offenses.- Disciplinary offenses are classified as minor and serious and
p.002014: will sanction according to the respective regulation.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 417.- Minor offenses.- Adolescents who commit any of the
p.002014: following acts:
p.002014: 1. Put your own safety, that of other people or that of the center, at risk.
p.002014: 2. Disobeying orders and provisions of minimum affectation.
p.002014: 3. Not observing the order and discipline in activities that are carried out in the center.
p.002014: 4. Disobeying established schedules.
p.002014: 5. Interfere with the count of adolescents.
p.002014: 6. Remain and transit without authorization in places considered as security and administration areas of the
p.002014: center.
p.002014: 7. Neglecting the cleanliness of the room, sanitary services, workshops, classrooms, patios and the center in general.
p.002014: 8. Throw trash outside the established collection sites.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 109
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: Art. 418.- Serious offenses.- Adolescents who commit any of the following acts commit serious offenses:
p.002014: 1. Verbally or physically assaulting another person.
p.002014: 2. Destroy the facilities or assets of the centers.
p.002014: 3. Flatten the administrative offices of the center.
p.002014: 4. Violating the correspondence of any person.
p.002014: 5. Disobeying the security regulations of the center.
p.002014: 6. Cause minor injuries to anyone.
p.002014: 7. Participate in fights.
p.002014: 8. Hinder the requisitions that are carried out.
p.002014: 9. Throw dangerous objects.
p.002014: 10. Obstruct locks.
p.002014: 11. Make electrical, sanitary and drinking water connections that endanger the safety of the center or its
p.002014: occupants
p.002014: 12. Maintain illicit business within the centers.
p.002014: 13. Provoke collective disorders or instigate them.
p.002014: 14. Introduce and distribute in the center, objects that are not authorized by the authorities
p.002014: corresponding.
p.002014: 15. Cause damage or carry out activities to disable the center.
p.002014: 16. Threatening or coercing the life or integrity of any person.
p.002014: 17. Violently resist the fulfillment of legitimate orders of authority.
p.002014: 18. Possess instruments, tools or work utensils outside the work areas.
p.002014: 19. Refusing to go to court proceedings unjustifiably.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 419.- Sanctions.- Depending on the severity, the following sanctions will be imposed:
p.002014: 1. Warning.
p.002014: 2. Apology and repair of the damage caused in its entirety.
p.002014: 3. Restriction of external communications.
p.002014: 4. Restriction of phone calls.
p.002014: The determining criterion for graduating the sanction applicable to adolescents is the objective gravity of the fact.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 420.- Administrative procedure.- The administrative procedure to sanction adolescents
p.002014: it is brief, simple, oral, it will respect due process and the right to be heard by yourself or through
...
Searching for indicator youth:
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p.000069: 2. The dissemination of inappropriate information for children and adolescents during family hours,
p.000069: nor in publications aimed at the family and children and adolescents; and,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 11
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 3. The circulation of any product intended for children and adolescents, with packaging containing
p.000069: inappropriate images, texts or messages for its development.
p.000069: These prohibitions apply to the media, communication systems, advertising companies and programs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19
p.000069: Art. 47.- Guarantees of access to adequate information.- To guarantee the right to information
p.000069: adequate, which is dealt with in the previous article, the State shall:
p.000069: a) Require the media to disseminate information and materials of social and cultural interest
p.000069: for children and adolescents;
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
p.000069: crime, that they have pornographic images or content or that they harm the minor's education; and,
p.000069: g) Require the audiovisual media to announce with sufficient anticipation and sufficient
p.000069: notoriety, the nature of the information and programs they present, and the age rating for their audience.
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
...
Social / education
Searching for indicator education:
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p.000069: contravenes, will be sanctioned in the manner provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248 CIVIL CODE (BOOK I), Arts. 61
p.000069: Art. 24.- Right to breastfeeding.- Boys and girls have the right to breastfeeding to ensure their
p.000069: affective bond with his mother, adequate nutrition, growth and development.
p.000069: It is the obligation of public and private health establishments to develop stimulation programs for
p.000069: breastfeeding.
p.000069: Art. 25.- Attention to pregnancy and childbirth.- Public power and health institutions and assistance to boys and girls
p.000069: and adolescents will create adequate conditions for care during pregnancy and childbirth, to
p.000069: favor of the mother and of the boy or girl, especially in the case of adolescent mothers and of boys or girls with
p.000069: weight less than two thousand five hundred grams.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 35, 42, 43, 46, 51, 363
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 5
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 26.- Right to a decent life.- Children and adolescents have the right to a decent life,
p.000069: that allows them to enjoy the necessary socioeconomic conditions for their integral development.
p.000069: This right includes those benefits that ensure a nutritious, balanced and
p.000069: enough, recreation and play, access to health services, quality education, clothing
p.000069: adequate, safe, hygienic and equipped with basic services.
p.000069: In the case of children and adolescents with disabilities, the State and the institutions that serve them
p.000069: they must guarantee the conditions, technical aids and elimination of architectural barriers for the
p.000069: communication and transportation.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 13, 24
p.000069: Art. 27.- Right to health.- Children and adolescents have the right to enjoy the highest level of health
p.000069: physical, mental, psychological and sexual.
p.000069: The right to health of children and adolescents includes:
p.000069: 1. Free access to public health programs and actions, adequate nutrition and an environment
p.000069: healthy;
p.000069: 2. Permanent and uninterrupted access to public health services, for prevention, treatment
p.000069: disease and health rehabilitation. Public health services are free for children,
p.000069: girls and adolescents who need them;
p.000069: 3. Access to free medicine for children and adolescents who need it;
p.000069: 4. Immediate and effective access to public and private emergency medical services;
p.000069: 5. Information about their health status, according to the evolutionary level of the child or adolescent;
p.000069: 6. Information and education on the basic principles of prevention in health, sanitation
p.000069: environmental, first aid;
p.000069: 7. Attention with procedures and resources of alternative and traditional medicines;
p.000069: 8. Living and developing in a stable and affective environment that allow them adequate emotional development;
p.000069: 9. Access to services that strengthen the emotional bond between the boy and girl and their mother and father; and,
p.000069: 10. The right of mothers to receive adequate prenatal and postnatal health care.
p.000069: The sale of narcotic drugs, psychotropic substances and others that may cause addiction is prohibited.
p.000069: alcoholic beverages, industrial glues, tobacco, firearms and explosives of any kind, to
p.000069: boys, girls and adolescents.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 43, 45, 46, 360, 362, 363
p.000069: Art. 28.- Responsibility of the State in relation to this right to health.- They are obligations of the State, which
p.000069: through the Ministry of Health:
p.000069: 1. Prepare and implement the policies, plans and programs that favor the enjoyment of the right
p.000069: contemplated in the previous article;
p.000069: 2. Promote the initiatives necessary to expand the coverage and quality of health services, particularly
p.000069: primary health care; and will take appropriate measures to combat maternal and infant mortality,
p.000069: child malnutrition and diseases that affect the child population;
...
p.000069: requested by the person in charge of the protection program in charge of the child or by the Protection Board of
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
p.000069: be registered with proper names of the respective language. The Civil Registry authorities have the obligation to
p.000069: register these names without any limitation or objection.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 64 CIVIL CODE (BOOK I), Arts. 60
p.000069: GENERAL LAW OF CIVIL REGISTRY IDENTIFICATION AND IDENTIFICATION, Arts. 32
p.000069: Art. 37.- Right to education.- Children and adolescents have the right to a quality education. East
p.000069: Law demands an educational system that:
p.000069: 1. Guarantee the access and permanence of all boys and girls to basic education, as well as
p.000069: adolescent through high school or its equivalent;
p.000069: 2. Respect the cultures and specificities of each region and place;
p.000069: 3. Consider flexible and alternative educational proposals to meet the needs of all
p.000069: Children and adolescents, with priority for those who have disabilities, work or live in a situation that requires
p.000069: greater opportunities to learn;
p.000069: 4. Ensure that children and adolescents have teachers, teaching materials, laboratories,
p.000069: adequate premises, facilities and resources and enjoy a favorable environment for learning. This right includes
p.000069: effective access to initial education from zero to five years, and therefore programs will be developed and
p.000069: flexible and open projects, adapted to the cultural needs of the students; and,
p.000069: 5. To respect the ethical, moral and religious convictions of the parents and of the children and adolescents themselves.
p.000069: Public education is secular at all levels, compulsory until the tenth year of basic education and free
p.000069: up to high school or its equivalent.
p.000069: The State and the pertinent organisms will assure that the educational establishments offer services with equity,
p.000069: quality and opportunity and that the right of parents to choose the education that is guaranteed is also guaranteed
p.000069: the more it suits your sons and your daughters.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 28, 45, 66
p.000069: Art. 38.- Objectives of education programs.- Basic and secondary education will ensure knowledge, values ​​and
p.000069: indispensable attitudes for:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 9
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: a) To develop the personality, the aptitudes and the mental and physical capacity of the boy, girl and
p.000069: adolescent to his full potential, in a playful and emotional environment;
p.000069: b) Promote and practice peace, respect for human rights and fundamental freedoms, non-discrimination,
p.000069: tolerance, valuation of diversities, participation, dialogue, autonomy and cooperation;
p.000069: c) Exercise, defend, promote and disseminate the rights of children and adolescents;
p.000069: d) Prepare him to exercise a responsible citizenship, in a free, democratic and solidary society;
p.000069: e) Guide him on the role and responsibility of the family, the equity of his internal relationships, fatherhood and
p.000069: responsible motherhood and health preservation;
p.000069: f) Strengthen respect for their parents and teachers, for their own cultural identity, their language, their values, for
p.000069: national values ​​and those of other peoples and cultures;
p.000069: g) To develop autonomous, critical and creative thinking;
p.000069: h) Training for productive work and for the management of scientific and technical knowledge;
p.000069: and,
p.000069: i) Respect for the environment.
p.000069: Art. 39.- Rights and duties of parents in relation to the right to education.- They are rights and
p.000069: Duties of parents and other responsible for children and adolescents:
p.000069: 1. Enroll them in educational establishments;
p.000069: 2. Select for your children an education according to their principles and beliefs;
p.000069: 3. Actively participate in the development of educational processes;
p.000069: 4. Control the attendance of their sons, daughters or those represented at educational establishments;
p.000069: 5. Actively participate to improve the quality of education;
p.000069: 6. Ensure the maximum use of the educational means provided by the State and society;
p.000069: 7. Monitor the respect of the rights of their sons, daughters or those represented on campus
p.000069: educational; and,
p.000069: 8. Report violations of these rights, to which they are aware.
p.000069: Art. 40.- Disciplinary measures.- Teaching practice and discipline in educational establishments
p.000069: they will respect the rights and guarantees of children and adolescents; will exclude all forms of abuse,
p.000069: mistreatment and devaluation, therefore, any form of cruel, inhuman and degrading punishment.
p.000069: Art. 41.- Sanctions prohibited.- Educational establishments are prohibited from applying:
p.000069: 1. Corporal sanctions;
p.000069: 2. Psychological sanctions threatening the dignity of children and adolescents;
p.000069: 3. Collective sanctions are prohibited; and,
p.000069: 4. Measures that imply exclusion or discrimination due to a student's personal condition,
p.000069: their parents, legal representatives or those who have them in their care. Included in this prohibition are
p.000069: discriminatory measures due to pregnancy or maternity of an adolescent. No child or adolescent is
p.000069: You can deny registration or expel due to the condition of your parents.
p.000069: In any procedure aimed at establishing the responsibility of a child or adolescent for an act of
p.000069: indiscipline in an educational establishment, the right to defense of the student and their parents or
p.000069: representatives.
p.000069: Any form of sexual assault in educational establishments will be brought to the attention of the Agent
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
p.000069: that correspond in the educational field.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 10
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 42.- Right to education of children and adolescents with disabilities.- Children and adolescents
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
p.000069: Art. 43.- Right to cultural life.- Children and adolescents have the right to participate
p.000069: freely in all expressions of cultural life.
p.000069: In the exercise of this right they can access any public show that has been qualified
p.000069: as suitable for his age, by the competent authority.
p.000069: It is the obligation of the State and sectional governments to promote cultural, artistic and
p.000069: sports to which children and adolescents have access.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 22, 377
p.000069: Art. 44.- Cultural rights of indigenous and black or Afro-Ecuadorian peoples.- All care and
p.000069: care for children and adolescents of nationalities and indigenous peoples, black or Afro-Ecuadorian, shall
p.000069: respect the worldview, cultural reality and knowledge of their respective nationality or people and take into account their
p.000069: specific needs, in accordance with the Constitution and the law.
p.000069: Public and private care entities that provide services to such children and
p.000069: adolescents, must coordinate their activities with the corresponding entities of those nationalities or
p.000069: towns.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 45, 57, 58, 377
p.000069: Art. 45.- Right to information.- Children and adolescents have the right to search and choose
p.000069: information; and to use the different means and sources of communication, with the limitations
p.000069: established in the law and those derived from the exercise of parental authority.
p.000069: It is the duty of the State, society and the family to ensure that children and adolescents receive a
p.000069: adequate, truthful and pluralistic information; and provide them with guidance and critical education that allows them
p.000069: properly exercise the rights indicated in the previous paragraph.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 16, 18, 19, 94
p.000069: Art. 46.- Prohibitions related to the right to information.- It is prohibited:
p.000069: 1. The circulation of publications, videos and recordings aimed at and intended for children and
p.000069: adolescence, containing images, texts or messages inappropriate for their development; and any form of
p.000069: access of children and adolescents to these media;
p.000069: 2. The dissemination of inappropriate information for children and adolescents during family hours,
p.000069: nor in publications aimed at the family and children and adolescents; and,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 11
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 3. The circulation of any product intended for children and adolescents, with packaging containing
p.000069: inappropriate images, texts or messages for its development.
p.000069: These prohibitions apply to the media, communication systems, advertising companies and programs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19
p.000069: Art. 47.- Guarantees of access to adequate information.- To guarantee the right to information
p.000069: adequate, which is dealt with in the previous article, the State shall:
p.000069: a) Require the media to disseminate information and materials of social and cultural interest
p.000069: for children and adolescents;
p.000069: b) Require them to provide, free of charge, spaces for programs of the Ministry in charge
p.000069: economic and social inclusion issues;
p.000069: c) Promote the production and dissemination of children's and youth literature;
p.000069: d) Require the media to produce and broadcast programs according to language needs
p.000069: of children and adolescents belonging to the various ethnic groups;
p.000069: e) Prevent the dissemination of inappropriate information for children and adolescents during family hours, or in
p.000069: publications aimed at families and children and adolescents;
p.000069: f) Punish, in accordance with the provisions of this Law, the people who provide minors: books, writings,
p.000069: posters, propaganda, videos or any other aural and / or visual means that support the violence or the
p.000069: crime, that they have pornographic images or content or that they harm the minor's education; and,
p.000069: g) Require the audiovisual media to announce with sufficient anticipation and sufficient
p.000069: notoriety, the nature of the information and programs they present, and the age rating for their audience.
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
p.000069: messages and programs that incite violence, exploit fear or take advantage of children's lack of maturity,
p.000069: girls and adolescents to induce them to behavior harmful or dangerous to their health and safety
p.000069: personal and everything that violates morality or modesty.
p.000069: In any case, the application of measures or decisions related to this guarantee must faithfully observe
p.000069: the provisions of the Regulation for the Control of the Discretion of Administration Acts
p.000069: Public, issued by the President of the Republic.
p.000069: Note: Literal b) amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18, 19
p.000069: Art. 48.- Right to recreation and rest.- Children and adolescents have the right to recreation, to
p.000069: rest, games, sports and more activities typical of each evolutionary stage.
p.000069: It is the obligation of the State and the sectional governments to promote and inculcate in children and
p.000069: adolescence, the practice of traditional games; create and maintain safe and accessible spaces and facilities,
...
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
p.000069: require; and the provision of early stimulation, rehabilitation, preparation for
p.000069: work, recreation and other necessary activities, which will be free for children and adolescents whose
p.000069: parents or caregivers are unable to pay for them.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46, 47
p.000069: Art. 56.- Right of children of persons deprived of liberty.- Children; girls and adolescents who do not enjoy
p.000069: of their family environment because one or both parents are deprived of their liberty, they must receive
p.000069: special protection and assistance from the State, outside the rehabilitation centers, through modalities
p.000069: of care that ensure their right to family and community coexistence and to direct personal relationships and
p.000069: regular with their parents.
p.000069: Art. 57.- Right to special protection in cases of disasters and armed conflicts.- Boys, girls and
p.000069: adolescents have the right to special protection in cases of natural disasters and armed conflict
...
p.000069: lawful purposes. This right includes the possibility of adolescents to form associations without ends
p.000069: of profit, according to the law.
p.000069: The State will guarantee and promote the exercise of this right; mainly in terms of associations
p.000069: student, cultural, sports, labor and community.
p.000069: Any restriction on the exercise of this right, which is not expressly provided for in the law, is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Chapter VI
p.000069: Duties, capacity and responsibility of children and adolescents
p.000069: Art. 64.- Duties.- Children and adolescents have the general duties that the Political Constitution imposes on
p.000069: citizens, as long as they are compatible with their condition and evolutionary stage. They are specially obliged to:
p.000069: 1. Respect the Homeland and its symbols;
p.000069: 2. Know the reality of the country, cultivate the national identity and respect its multiculturalism; exercise and defend
p.000069: effectively your rights and guarantees;
p.000069: 3. Respect the rights and individual and collective guarantees of others;
p.000069: 4. Cultivate the values ​​of respect, solidarity, tolerance, peace, justice, equity and democracy;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 16
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 5. Fulfill your responsibilities regarding education;
p.000069: 6. Act honestly and responsibly at home and at all stages of the educational process;
p.000069: 7. Respect their parents, teachers and those most responsible for their care and education; and,
p.000069: 8. Respect and contribute to the preservation of the environment and natural resources.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 83
p.000069: Art. 65.- Validity of legal acts.- The legal capacity regarding acts held by children and
p.000069: adolescents will comply with the provisions of the Civil Code, except in the following cases:
p.000069: 1. The acts and contracts of adolescents who have not turned fifteen are relatively null without prejudice to
p.000069: the validity that the law confers for the celebration of certain acts;
p.000069: 2. People who have turned fifteen also have the legal capacity to enter into
p.000069: work according to the rules of this Code; and,
p.000069: 3. To celebrate the acts and contracts that are included in the object of an organization
p.000069: student, labor, cultural, artistic, environmental, sports or neighborhood, of which they are legal representatives or legitimate
p.000069: representatives in the exercise of their right of association and whose amount does not exceed two thousand dollars.
p.000069: Adolescents may directly exercise those legal actions aimed at the exercise and protection of their
p.000069: rights and guarantees. Boys and girls may directly request help for the protection of their rights when
p.000069: they must direct the action against their legal representative.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 82 CIVIL CODE (PRELIMINARY TITLE), Arts. 9
...
p.000069: civil liability for the acts or contracts they enter into will be effective on their professional property
p.000069: or industrial or on the assets of the association that they represent in accordance with the provisions of the previous article,
p.000069: according to the case.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1698, 1702, 2219, 2220, 2221
p.000069: TITLE IV
p.000069: OF THE PROTECTION AGAINST MISTREAT, ABUSE, SEXUAL EXPLOITATION, TRAFFICKING AND LOSS OF CHILDREN AND ADOLESCENTS
p.000069: Art. 67.- Concept of mistreatment.- Abuse is understood as all conduct, of action or omission, that causes or may
p.000069: cause harm to the physical, psychological or sexual integrity or health of a child or adolescent by
p.000069: anyone, including their parents, other relatives,
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p.000069: educators and caregivers; Whatever the means used for the effect, its consequences and
p.000069: the time necessary for the recovery of the victim. The treatment is included in this rating
p.000069: negligent or serious or repeated negligence in fulfilling the obligations towards children and
p.000069: adolescents, relating to the provision of food, nutrition, medical care, education or care
p.000069: newspapers; and its use in begging.
p.000069: Psychological abuse is the one that causes emotional disturbance, psychological alteration or a decrease in self-esteem
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
p.000069: authority or person in charge of the institution or establishment to which it belongs.
p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 28 CIVIL CODE (BOOK I), Arts. 571
...
p.000069: Art. 80.- Legal medical examinations.- Legal medical examinations of a boy, girl or adolescent will be practiced in
p.000069: strict conditions of confidentiality and respect for the intimacy and physical and emotional integrity of the patient.
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
p.000069: Art. 81.- Right to protection against labor exploitation.- Children and adolescents have
p.000069: the right to be protected by the State, society and the family against labor and economic exploitation and any
p.000069: form of slavery, servitude, forced or harmful work for your health, your physical, mental, spiritual development,
p.000069: moral or social, or that may hinder the exercise of their right to education.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 82.- Minimum age for work.- The minimum age for all types of
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p.000069: work, including domestic service, with the exceptions provided in this Code, plus laws and
p.000069: international instruments with legal force in the country.
p.000069: Violation of the provisions of the preceding paragraph does not free the employer from complying with labor obligations and
p.000069: social imposed by the employment relationship.
p.000069: The Ministry in charge of Labor Relations, ex officio or at the request of any public entity
p.000069: or private, may authorize minimum ages above the one indicated in the previous paragraph, in accordance with the
p.000069: established in this Code, the law and in the international instruments legally ratified by the
p.000069: Ecuador.
p.000069: Note: Third paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134, 146, 150
p.000069: Art. 83.- Eradication of child labor.- The State and society must elaborate and execute policies, plans,
p.000069: protection programs and measures aimed at eradicating the work of children and adolescents who do not
p.000069: they are fifteen years old. The family must contribute to the achievement of this objective.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134
p.000069: Art. 84.- Working day and education.- For no reason the working day of adolescents
p.000069: may exceed six hours a day for a maximum period of five days a week; and will be organized
p.000069: in a way that does not limit the effective exercise of your right to education.
p.000069: The parents of the adolescent who works, those responsible for their care, their employers and the people to
p.000069: Those who carry out a productive activity have the obligation to ensure that they finish their basic education
p.000069: and fulfill their academic duties.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 135, 136, 159
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 39, 46
p.000069: Art. 85.- Register of adolescent workers.- The Ministry of Labor will keep a registry of adolescents who
p.000069: they work by cantons, having to send the information periodically to the cantonal councils of Children and
p.000069: Adolescence.
p.000069: The regulation will establish the way of keeping said register and the data that must be registered.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 147, 148
p.000069: Art. 86.- Exception related to training work carried out as cultural practices.- The limitation
p.000069: of age indicated in article 82 will not be applied to the works considered as ancestral practices
p.000069: training, provided they meet the following conditions.
p.000069: 1. That they respect the adolescent's physical and psychological development, in the sense of being assigned
p.000069: only tasks commensurate with their abilities and evolutionary stage;
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p.000069: 2. That they contribute to the formation and development of adolescent skills and abilities;
p.000069: 3. That they transmit cultural values ​​and norms in harmony with adolescent development; and,
p.000069: 4. That they develop within the scope and benefit of the community to which the adolescent or his family belongs.
p.000069: Art. 87.- Prohibited work.- Teen work is prohibited:
p.000069: 1. In mines, landfills, beds, quarries and extractive industries of any kind;
p.000069: 2. In activities that involve the manipulation of explosive, psychotropic, toxic, dangerous substances
p.000069: or harmful to your life, your physical or mental development and your health;
p.000069: 3. In brothels or tolerance zones, places of games of chance, sale of alcoholic beverages and others that may
p.000069: be inconvenient for the moral or social development of the adolescent;
p.000069: 4. In activities that require the use of dangerous machinery or that expose you to noise that exceeds the limits
p.000069: legal tolerance;
p.000069: 5. In an activity that may aggravate the disability, in the case of adolescents who have it;
p.000069: 6. In other activities prohibited in other legal bodies, including international instruments
p.000069: ratified by Ecuador; and,
p.000069: 7. In homes whose members have a history as perpetrators of abuse or mistreatment.
p.000069: The Ministry in charge of Labor Relations will determine the specific forms of dangerous, harmful or
p.000069: risky that are prohibited for adolescents, taking into account their nature, conditions and risk
p.000069: for their life and personal integrity, health, education, security and integral development.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CONSTITUTION OF THE REPUBLIC
p.000069: DEL ECUADOR, Arts. 46
p.000069: Chapter II
p.000069: I work as employees
p.000069: Art. 88.- Forms of the employment contract.- The individual employment contract for adolescents is
p.000069: It shall be held in writing and shall be registered with the Municipality and with the Labor Inspectorate of the respective jurisdiction.
p.000069: The employer has the obligation to register the employment contract within thirty days, without
p.000069: prejudice to the adolescent's right to request such registration by himself.
p.000069: In the absence of a written contract, the adolescent may prove the employment relationship by any means, including
p.000069: the deferred oath.
p.000069: Whenever a person benefits from the work of a teenager; it is presumed, for all legal purposes, the
p.000069: existence of an employment relationship.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 8, 12, 14, 35, 144, 147, 593 CODE OF CIVIL PROCEDURE, Arts. 148
p.000069: Art. 89.- Labor and social rights.- Adolescents who work under the relationship of
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 23
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p.000069: dependency, enjoy all the rights and benefits, individual and collective, provided by law
p.000069: labor, social security and education; plus the specific rights contemplated in this Code.
p.000069: Art. 90.- Of the apprentices.- In the apprenticeship contracts there will be a clause on the mechanisms
p.000069: transfer to the adolescent of the knowledge of the trade, art or form of work. These contracts will not last
p.000069: more than two years, in the case of artisan work, and six months, in industrial work or other type of work.
p.000069: Employers will especially guarantee the exercise of the rights to education, health and rest of their
p.000069: apprentices.
p.000069: In no case shall the adolescent apprentice's remuneration be less than 80% of the remuneration corresponding to the
p.000069: adult for this type of work, art or trade.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 157, 158, 168
p.000069: Art. 91.- Domestic work.- Adolescents who work in domestic service will have the same
p.000069: rights and guarantees that adolescent workers in general.
p.000069: The employer will ensure the physical, psychological and moral integrity of the adolescent and will guarantee their
p.000069: rights to food, education, health, rest and recreation.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 262, 268, 269
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24, 39, 329
p.000069: Art. 92.- Training work.- Children and adolescents may carry out training activities that
p.000069: incorporate work as an important element in their comprehensive training. These activities must be carried out in
p.000069: conditions suitable for their age, capacity, physical state and intellectual development, respecting their values
p.000069: moral and cultural, their rights to rest, recreation and play.
p.000069: Programs that incorporate work with the purpose indicated in this article, will give priority to the demands
p.000069: pedagogical related to the integral development of the child or adolescent, over the productive objectives.
p.000069: Chapter III
p.000069: Work without dependency relationship
p.000069: Art. 93.- Self-employment.- The municipalities will grant, in their respective jurisdictions, the permits to
p.000069: that adolescents who have reached the age of fifteen carry out economic activities on their own behalf
p.000069: own, provided they are not those considered harmful or harmful or that are prohibited in
p.000069: this or other legal bodies.
p.000069: Each Municipality will keep a record of these authorizations and will control the development of activities
p.000069: authorized to adolescents.
p.000069: The adolescents authorized in accordance with the previous paragraph, will receive from the Municipality a work card that
...
p.000069: economic and social resources that assure the family the sufficient resources to fulfill their duties and
p.000069: responsibilities for the integral development of its members, especially children and adolescents.
p.000069: Art. 98.- Biological family.- Biological family is understood as the one formed by the father, the mother, their descendants,
p.000069: ascendants and collaterals up to the fourth degree of consanguinity.
p.000069: Adopted children and adolescents are assimilated to biological children. For all intents and purposes the father and the
p.000069: adoptive mothers are considered as parents.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: Art. 99.- Filiation unit.- All children are equal before the law, the family and society. I know
p.000069: prohibits any indication that establishes differences of affiliation and require statements indicating their
p.000069: modality.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 69
p.000069: Art. 100.- Parental responsibility.- The father and the mother have equal responsibilities in the direction and
p.000069: home maintenance, care, upbringing, education, comprehensive development and protection of rights
p.000069: of their common sons and daughters.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 282, 287, 471, 473
p.000069: Art. 101.- Reciprocal rights and duties of the parental relationship.- Parents and their children owe each other
p.000069: affection, solidarity, relief, respect and the necessary considerations so that each one can realize the rights and
p.000069: attributes inherent in their personhood and fulfill their respective roles and responsibilities within the
p.000069: family and society.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 26
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p.000069: Art. 102.- Specific duties of parents.- Parents have the general duty to respect,
p.000069: protect and develop the rights and guarantees of their sons and daughters. For this effect they are obliged to provide what
p.000069: adequate to meet their material, psychological, emotional, spiritual and intellectual needs, in the form
p.000069: established by this Code.
p.000069: Consequently, parents must:
p.000069: 1. Provide their sons and daughters with what is necessary to satisfy their material requirements and
p.000069: psychological, in a family environment of stability, harmony and respect;
p.000069: 2. Ensure their education, at least at the basic and intermediate levels;
p.000069: 3. Instill values ​​compatible with respect for the dignity of the human being and the development of social coexistence
p.000069: democratic, tolerant, solidary and participatory;
p.000069: 4. Incentivize in them the knowledge, conscience, exercise and defense of their rights,
p.000069: claim the protection of said rights and their restitution, if applicable;
p.000069: 5. Stimulate and guide their cultural formation and development;
p.000069: 6. Ensure their participation in the decisions of family life, according to their evolutionary degree;
p.000069: 7. Promote the practice of recreational activities that contribute to the family unit, their physical health
p.000069: and psychological;
p.000069: 8. Apply preventive measures compatible with the rights of the child and adolescent; and,
p.000069: 9. Comply with the other obligations indicated in this Code and more laws.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 268, 273, 278 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 103.- Fundamental duties of sons and daughters.- Sons and daughters must:
p.000069: 1. Maintain a responsible and respectful behavior that provides their parents with the appropriate
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
...
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
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p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
p.000069: obligations of parents regarding their non-emancipated sons and daughters, regarding care, education, development
p.000069: comprehensive, defense of children's rights and guarantees in accordance with the Constitution and the law.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46, 69
p.000069: Art. 106.- Rules to entrust the exercise of parental authority.- To entrust parental authority in cases
p.000069: provided for in article 325 of the Civil Code, the Judge, after hearing the adolescent, the boy or girl who are in
p.000069: conditions to express their opinion will observe the following rules:
p.000069: 1.- What the parents agree will be respected as long as this does not harm the rights of the son or daughter;
p.000069: 2.- In the absence of agreement of the parents or if what is agreed by them is inconvenient for the best interest of the
p.000069: son or daughter of a family, the parental authority of those who have not reached twelve years of age will be entrusted to the mother,
p.000069: Unless it is proven that this damages the rights of the son or daughter;
p.000069: 3.- In the case of sons or daughters who have completed twelve years, parental authority will be entrusted to
p.000069: parent who shows greater emotional stability and psychological maturity and who are in better
...
p.000069: will be obliged to compensate the damages caused by the undue retention, including the expenses caused by the
p.000069: requirement and restitution.
p.000069: If the requested does not comply with the order, the Judge will decree personal compulsion against him, without
p.000069: prejudice to order, without the need for a prior resolution, the search of the property in which
p.000069: finds or is supposed to find the son or daughter, to achieve recovery.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 272
p.000069: CIVIL PROCEDURE CODE, Arts. 925, 928
p.000069: TITLE V
p.000069: OF THE RIGHT TO FOOD
p.000069: Note: Title with its respective articles replaced by Law No. 00, published in Official Gazette Supplement 643 of
p.000069: July 28, 2009.
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p.000069: CHAPTER I
p.000069: Food law
p.000069: Art. 1.- Scope and relationship with other legal bodies.- This Title regulates the right to food of children,
p.000069: girls, adolescents, and adults considered as holders of rights established in this Law.
p.000069: with respect to other persons who enjoy this right, the provisions on maintenance of the Code will apply
p.000069: Civil.
p.000069: Art. 2.- Of the right to maintenance.- The right to maintenance is inherent to the parental-filial relationship and is
p.000069: related to the right to life, survival and a decent life. It implies the guarantee of providing the
p.000069: resources necessary to satisfy the basic needs of food that includes:
p.000069: 1. Nutritious, balanced and sufficient food;
p.000069: 2. Comprehensive health: prevention, medical care and provision of medicines;
p.000069: 3. Education;
p.000069: 4. Beware;
p.000069: 5. Adequate clothing;
p.000069: 6. Safe, hygienic and equipped with basic services;
p.000069: 7. Transportation;
p.000069: 8. Culture, recreation and sports; and,
p.000069: 9. Rehabilitation and technical aids if the beneficiary has a temporary disability or
p.000069: definitive.
p.000069: Art. 3.- Characteristics of the right.- This right is non-transferable, non-transferable, inalienable,
p.000069: imprescriptible, unattachable and does not admit compensation or reimbursement of what was paid, except for pensions of
p.000069: foods that have been previously fixed and have not been paid and from mothers who have made expenses
p.000069: Antenatals that have not been previously recognized, cases in which they can be compensated and transmitted to the
p.000069: heirs.
p.000069: Art. 4.- Holders of maintenance rights.- They have the right to claim maintenance:
p.000069: 1. Girls, boys and adolescents, except the emancipated voluntarily who have their own income, to
p.000069: who will suspend the exercise of this right in accordance with this standard;
p.000069: 2. Adults or adults up to the age of 21 years who demonstrate that they are studying in
p.000069: any educational level that prevents or hinders them from engaging in a productive activity and lack resources
p.000069: own and sufficient; and,
p.000069: 3. People of any age, who have a disability or their physical or mental circumstances prevent them
...
p.000061: c) Other organisms.
p.000061: 3. Organisms for the execution of policies, plans, programs and projects. Are:
p.000061: a) Public service entities; and,
p.000061: b) Private attention entities.
p.000061: TITLE II
p.000061: OF INTEGRAL PROTECTION POLICIES AND PLANS
p.000061: Art. 193.- Comprehensive Protection Policies.- Comprehensive protection policies are the set of
p.000061: public guidelines; dictated by the competent bodies, whose actions lead to ensuring the
p.000061: comprehensive protection of the rights and guarantees of children and adolescents.
p.000061: The National Decentralized System for the Comprehensive Protection of Children and Adolescents contemplates
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p.000061: five types of comprehensive protection policies, namely:
p.000061: 1. Basic and fundamental social policies, which refer to the universal conditions and services that
p.000061: All children and adolescents have the right, equally and without exception, as protection of the
p.000061: family, education; health, nutrition, housing, parental employment and social security, among
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
...
p.000061: the Constitution of the Republic, the registration of the entity or the registration of the program, when they do not comply with the
p.000061: authorized purposes or consider that they somehow threaten or violate the rights of children and
p.000061: teenagers.
p.000061: Note: Article replaced by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 58
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 213.- Control and sanctions.- The attention entities and the programs they execute will be subject
p.000061: to the control, inspection and evaluation, at least once a year, by the organisms that authorized its registration and
p.000061: functioning.
p.000061: In case of non-compliance with the provisions of this Code or the specific purposes for which they were
p.000061: authorized, the control body mentioned in the previous paragraph will impose on the attention entities one of the
p.000061: following penalties, observing the principle of proportionality between the offense and the penalty:
p.000061: a) Written warning and deadline to overcome the cause that motivates the sanction;
p.000061: b) A fine of five hundred to five thousand dollars, which will be doubled in case of recidivism;
p.000061: c) Suspension of operation, for a period of three months to two years;
p.000061: d) Cancellation of one or more programs; and,
p.000061: e) Cancellation of authorization and registration.
p.000061: The application of sanctions will be made after the non-compliance has been verified, through a
p.000061: administrative procedure that ensures respect for due process guarantees.
p.000061: Art. 214.- Obligations of schools, colleges and health centers.- The entities that provide
p.000061: Public and private education and health services must comply with the measures of
p.000061: protection and administrative and judicial resolutions issued by the corresponding authorities and with the standards
p.000061: of established quality.
p.000061: TITLE VI
p.000061: OF PROTECTION MEASURES
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 215.- Concept.- Protection measures are actions taken by the competent authority, through resolution
p.000061: judicial or administrative, in favor of the child or adolescent, when the risk has occurred or exists
p.000061: imminent that a violation of their rights occurs by action or omission of the State, society, their
p.000061: parents or guardians or the child or adolescent himself. In the application of the measures, preference should be given to those
p.000061: that protect and develop family and community ties.
p.000061: Protective measures impose on the State, its officials or employees or any individual, including
p.000061: parents, relatives, caregivers, teachers, educators, and the child himself or herself
p.000061: adolescents, certain actions in order to stop the act of threat, restore the right that has
...
p.000061: The amount of this financial contribution will be fixed every six months by the Judge for Children and Adolescents.
p.000061: Art. 224.- Executors of foster care.- Foster care will be carried out through families
p.000061: registered with a service entity authorized to carry out these programs.
p.000061: In order to execute a foster care program, the care entity, in addition to meeting the general standards,
p.000061: You must present a training program for foster families and individuals.
p.000061: Art. 225.- Priority for foster care.- For the foster care, the following order of
p.000061: priority:
p.000061: 1. The family to which both parents or the father or the mother according to who exercises the homeland
p.000061: power, has delivered the child or adolescent for their care and upbringing; and,
p.000061: 2. A family that guarantees the protection and integral development of the child or adolescent,
p.000061: preferably of their ethnic group, town or culture.
p.000061: All persons entrusted with the care and protection of a child or adolescent in foster care
p.000061: family must be enrolled in a foster program that will provide education and training
p.000061: necessary and will supervise the performance of its mission. People
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 61
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p.000061: indicated in numeral 1 will be enrolled in one of the programs referred to in the previous article, since
p.000061: foster care is formalized.
p.000061: Art. 226.- Duties and obligations of the foster care entities.- In addition to the obligations
p.000061: general to any care entity, the one that executes foster care programs, must comply with the
p.000061: following specific obligations:
p.000061: 1. Assume the legal representation of the foster child or adolescent, when the resolution so determines;
p.000061: 2. Submit to the competent authority in a timely manner the global project of the family and the comprehensive project of
p.000061: care for the foster child or adolescent and ensure compliance;
p.000061: 3. Seek to strengthen family ties and overcome the causes that motivated the measure;
p.000061: 4. Periodically inform the competent authority of the general situation of the host or, at any time if
p.000061: the circumstances that motivated the measure change, so that it ratifies, modifies or ends it;
p.000061: 5. Participate in clarifying the legal situation of the child or adolescent deprived of their family environment;
p.000061: and,
...
p.000061: sanctioned by the Judges of Childhood and Adolescence of the respective jurisdiction.
p.000061: For the application of custodial sanctions, the provisions of the Code of Procedure shall be followed.
p.000061: Penal.
p.000061: Art. 246.- Destination and collection of fines.- Fines collected in accordance with this
p.000061: Code will be directly deposited in the Fund for the Protection of Children and Adolescents. In case of
p.000061: delay in the payment of the fines, its collection will be in charge of the respective Municipality that will have coercive jurisdiction
p.000061: for the effect.
p.000061: Art. 247.- Special sanctions for suspension and closure.- Public service and attention entities and
p.000061: private that violate or threaten the rights of children and adolescents, in addition to the penalties of fine provided
p.000061: in this title, they will be sanctioned with a suspension of five days, the first time, one month the second and with
p.000061: final closure the third time.
p.000061: Chapter II
p.000061: Offenses sanctioned with a fine
p.000061: Art. 248.- General sanction.- Anyone who threatens or violates any of the rights or guarantees contemplated in any way.
p.000061: in this Code and more laws, in favor of a child or adolescent, and whose conduct of action or omission does not have
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
...
p.000061: Note: Title with its chapters and articles from 369 to 386 repealed by Law No. 0, published in
p.000061: Official Record Supplement 180 of February 10, 2014.
p.000061: BOOK FIVE
p.000061: SOCIO-EDUCATIONAL MEASURES
p.000061: Note: Book added by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.000061: TITLE I
p.000061: SOCIO-EDUCATIONAL MEASURES
p.000061: CHAPTER I COMMON PROVISIONS
p.000061: Note: Title with its chapters and articles added by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 370.- Scope.- The regime of socio-educational measures imposed on adolescents is applied by committing
p.000061: of criminal offenses typified in the Organic Comprehensive Criminal Code in accordance with article 319
p.000061: of this code.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 371.- Purpose of the socio-educational measures.- The socio-educational measures are intended to
p.000061: protection and development of adolescent offenders, guarantee their education, family integration and
p.000061: constructive inclusion to society, as well as promoting the exercise of the other rights of the
p.000061: person in accordance with the Constitution, international instruments ratified by Ecuador and this
p.000061: Book.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 372.- Classes of socio-educational measures.- The socio-educational measures are:
p.000061: 1. Deprivation of liberty.
p.000061: 2. Not custodial.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 373.- Appreciation of age.- For the imposition of socio-educational measures, the
p.000061: age of the adolescent at the date of the offense.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 374.- Competent authority.- Judges specialized in offending adolescents are competent
p.000061: for the jurisdictional control of the execution of the socio-educational measures that are applied.
...
p.002014: An adolescent may move from one regime to another, by order of the judge, due to compliance
p.002014: progressive individualized plan of application of the socio-educational measure, the number of absences
p.002014: disciplinary committed, and the time completed of the socio-educational measure, in accordance with the requirements
p.002014: established in this Code.
p.002014: In the aforementioned regimes, the individual plan for applying the measure will be drawn up
p.002014: socio-educational and its execution, in the closed and semi-open regimes its location will also be regulated
p.002014: population.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 381.- Closed regime.- Consists of the full-time placement of the offending adolescent in a
p.002014: Center for the fulfillment of the deprivation of liberty socio-educational measure.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 382.- Semi-open regime.- Consists of the execution of the socio-educational measure in a Teen Center
p.002014: offenders, with the possibility of being absent for reasons of education or work. In addition, activities of
p.002014: family, social and community insertion.
p.002014: In case of non-compliance with the regime, the adolescent will be declared a fugitive.
p.002014: If sixty percent of the imposed socio-educational measure is met, the detention may be modified
p.002014: Institutional closed for the internment with semi-open regime or weekend internment.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 383.- Open regime.- It is the period of social inclusion in which the adolescent will coexist in their social environment
p.002014: in which the adolescent will live in his family and social environment supervised by the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: This regime can be revoked by the judge, at the request of the Center Coordinator when there is reason for it, in
p.002014: consideration of technical team reports.
p.002014: In case of breach of this regime without sufficient and proven justification, in addition to the revocation of
p.002014: This benefit, the judge, at the request of the Center Coordinator, may declare the adolescent a fugitive.
p.002014: To access this regime, compliance with eighty percent of the measure is required
p.002014: socio-educational. At this stage the adolescent will appear periodically before the judge.
...
p.002014: a) Imposition of rules of conduct from one to six months.
p.002014: b) Orientation and psycho-family partner support from three to six months.
p.002014: c) Community services from one to six months.
p.002014: d) Freedom from three months to one year.
p.002014: e) Home stay from three months to one year.
p.002014: f) Internment for a weekend of one to six months.
p.002014: g) Hospitalization with a semi-open regime of three months to one year.
p.002014: 2. For cases of crimes punishable by a custodial sentence of more than five years and up to ten years,
p.002014: The warning measure and one of the following measures will apply:
p.002014: a) Home stay from six months to one year.
p.002014: b) Weekend internment from six months to one year.
p.002014: c) Internment with a semi-open regime of six months to two years.
p.002014: d) Institutional internment from one to four years.
p.002014: 3. For cases of crimes punished with a custodial sentence of more than ten years,
p.002014: The measure of reprimand and institutional confinement will apply for four to eight years.
p.002014: Additionally, and six months before the conclusion of this socio-educational measure, an evaluation will be carried out
p.002014: comprehensive that will determine the need for monitoring and control for up to two years after
p.002014: compliance with the measure.
p.002014: For cases of crimes against sexual and reproductive integrity, the specialized judge in
p.002014: Teenage offenders will also impose the obligation for the adolescent to attend sex education programs,
p.002014: within the treatment of socio-educational measures.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 386.- Request to apply or modify the execution regimes.- The judge
p.002014: specialized in adolescent offenders will process the application or modification request in a hearing
p.002014: of the regime of execution of the socio-educational measure of internment.
p.002014: The modification is applied after the presentation of the reports issued by the technical team of the
p.002014: Teenage offenders where he is complying with the measure.
p.002014: The request will be submitted by the offending adolescent, their public or private defender or by the
p.002014: Coordinator of the Center, if it meets the scheduled time for each execution regime.
p.002014: The adolescent, his legal representatives or those responsible for his care and his
p.002014: public or private defender.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 102
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: The Center Coordinator, based on the motivated reports of the technical team, may request the Judge to
p.002014: revocation of a modification granted. Before deciding, the Judge will listen to the adolescent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
...
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 389.- Emerging exits.- The adolescent is guaranteed emergent exit from the center of
p.002014: institutional internment for:
p.002014: a) Receive specialized medical attention, when it cannot be provided at the center.
p.002014: b) Attend the burial of their ascendants or descendants in the first degree, their spouse or partner in common law, as well
p.002014: as if to visit them in their bed of serious illness.
p.002014: In these cases, the exits will be carried out under the supervision of the Specialized Police for Children and
p.002014: Adolescence, which will be responsible for returning the adolescent to the center, once the need has been met.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 390.- Comprehensive care model.- Socio-educational measures must be progressively fulfilled according to the
p.002014: individualized program and the guidelines of the comprehensive care model provided by the Regulations issued
p.002014: for its effect.
p.002014: The comprehensive care model is developed on five axes:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 103
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Self-esteem and autonomy: Awareness of responsibility for their actions, their human development will be promoted
p.002014: comprehensive and respect for the Law.
p.002014: 2. Education: constant learning will be encouraged, for which the entrance, re-entry and permanence in the
p.002014: the educational system, so that the use of free time will be aimed at pedagogical use
p.002014: educational.
p.002014: 3. Comprehensive health: there will be a comprehensive medical and clinical history. Constant checks will be made for the
p.002014: timely detection of possible diseases and provide preventive and curative health in addition to programs
p.002014: help, orientation and treatment in case of addictions and others.
p.002014: 4. Occupational work: To guarantee quality training that enables the older adolescent
p.002014: of fifteen years develop skills for insertion in the labor market, generating strategies of
p.002014: micro entrepreneurship, training activities will be implemented in different areas.
p.002014: 5. Family or affective ties: To promote the constant bond that benefits family and social reintegration
p.002014: activities will be planned to recover, build, maintain and strengthen the family ties of the
p.002014: adolescent with his family of origin or with those people who created bonds of affection and who are a reference for his
p.002014: lifetime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: TITLE II
p.002014: ADOLESCENT ADOLESCENT CENTERS AND ZONE UNITS FOR INTEGRAL DEVELOPMENT
...
p.002014: 2014 .
p.002014: Art. 398.- Transfer.- The Coordinator, the adolescent, his legal representative, curator or person in charge of his care,
p.002014: You can request the Ministry in charge of justice and human rights matters to transfer you to the following
p.002014: cases:
p.002014: 1. Family closeness.
p.002014: 2. Suffering from one or more diseases for which the adolescent is in danger of death.
p.002014: 3. Need for specialized treatment, as a security measure, for a mental disorder, for which it will certify
p.002014: a psychiatrist with his report.
p.002014: 4. Teen or center safety.
p.002014: 5. Overcrowded conditions.
p.002014: Only the adolescent can appeal the transfer decision ordered by the Ministry in charge of the affairs of
p.002014: justice and human rights or their refusal, before the judge of offending adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 399.- Security criteria in the centers of offending adolescents.- The security criteria
p.002014: that are applied in the centers of adolescent offenders are:
p.002014: 1. The discipline based on training programs aimed at developing the skills of the
p.002014: adolescent, enrich their knowledge, improve their technical, professional or occupational skills and
p.002014: make up for its shortcomings.
p.002014: 2. The adolescent's stay in a harmonious place free of coercive measures, always oriented towards
p.002014: family support and therapeutic social care.
p.002014: 3. Education, through compulsory schooling, educational options, physical culture and
p.002014: general instruction and sociocultural and sports activities.
p.002014: 4. Integral health and permanent treatment.
p.002014: 5. The visiting regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER I
p.002014: THE TREATMENT
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 400.- Individual plan of application of the socio-educational measure.- For adolescents at liberty
p.002014: assisted, home hospitalization, weekend hospitalization, hospitalization with semi-open regime and
p.002014: institutional internment, individual plans of application of the socio-educational measure will be elaborated and executed,
p.002014: in accordance with the respective Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 401.- Programs.- The programs carried out in the centers will be framed in the following categories:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 106
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Education program that includes basic and higher, formal and informal instruction that contributes to the development of
p.002014: motor, psycho-affective and cognitive learning abilities and skills, in order to guarantee their access and
p.002014: permanence to the educational system.
p.002014: 2. Program to reduce violence and sexual assault.
p.002014: 3. Physical culture and sports program.
p.002014: 4. Cultural and artistic program.
p.002014: 5. Physical, sexual and mental health program.
p.002014: 6. Program of labor, productive and community service activities.
p.002014: 7. Crafts and plastic arts program.
p.002014: 8. Program that strengthens family ties.
p.002014: 9. Participation and human rights program.
p.002014: 10. Agricultural promotion and development program.
p.002014: 11. Programs and projects approved by the Ministry in charge of justice and rights affairs
p.002014: humans.
p.002014: 12. Others determined by the Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 402.- Record of program activities.- Each Center will keep a record of activities that the adolescent
p.002014: It is complying and its progress in them, according to its individualized program of
p.002014: application of the socio-educational measure, which will include the reports of the technical team, the
p.002014: comprehensive development evaluation, results, observations and recommendations that
p.002014: presented quarterly to the entity in charge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 403.- The adolescent's discharge from the center.- The approximate date of the adolescent's discharge is informed to their
p.002014: relatives, representatives or persons in charge of their care and the competent judge.
p.002014: In order for the adolescent to continue with the training or education received during their
p.002014: stay in the center, you must be informed of the educational or training options in which
p.002014: You can be released.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 404.- Control and discipline measures.- The Center Coordinator, after the due observance
p.002014: process and the report of the technical team, will provide the application of control and discipline measures
p.002014: provided in the respective regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 405.- Assistance to the sanctioned adolescent.- The adolescent will be attended periodically by the services
p.002014: doctors, psychology, social work and education, who will monitor their evolution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 406.- Offenses that entail presumptions of criminal responsibility.- In the event that the offenses committed by the
p.002014: adolescents in the centers carry serious presumptions of criminal responsibility, the Center Coordinator
p.002014: will notify the Prosecutor's Office.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 107
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER II VISITATION REGIME
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 407.- Family and social relations.- In order to strengthen or reestablish relations with the
p.002014: family and community, a visiting regime will be guaranteed for the adolescent deprived of liberty.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 408.- Authorized visits.- Teenage offenders deprived of liberty have the right to
p.002014: maintain contact and receive visits. They can refuse to receive certain visits, for which
p.002014: They will deliver to the administration of the Center a list of people not authorized to visit it, which can be
p.002014: modified at verbal request.
...
p.002014: known and resolved under this Code by the current juvenile justice service, until it is integrated under the
p.002014: new structure in the Judicial Function.
p.002014: Twelfth.- Within a period of thirty days from the effective date of this
p.002014: Code, the attention entities that currently execute or are in charge of programs or projects of attention to
p.002014: childhood and adolescence, they will request their registration in the corresponding canton.
p.002014: Before proceeding to the registration, the respective cantonal council of childhood and adolescence will make an evaluation
p.002014: of the suitability of the applicant, based on the efficiency with which they have fulfilled the programs and
p.002014: projects in your charge.
p.002014: In the event that the relevant organizations have not been integrated at the cantonal level, said registration will be made
p.002014: before the National Council for Children and Adolescents.
p.002014: Thirteenth.- Within sixty days after their possession, the Judges of Childhood and Adolescence
p.002014: They will visit the current detention centers for adolescent offenders in their jurisdiction for the
p.002014: control of the legality of deprivation of liberty.
p.002014: Fourteenth.- The readjustment referred to in article 139 of this Code will apply to
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 113
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: food benefits fixed prior to the entry into force of this Code, within
p.002014: the thirty days following the publication of this Code in the Official Registry.
p.002014: Fifteenth.- The Ministry of Education and Culture is in charge of preparing an edition of this Code with
p.002014: its explanatory statement and an annex with the Convention on the Rights of the Child, in a sufficient number to be
p.002014: distributed free of charge to all students of the public schools and colleges of the Republic, and at cost price
p.002014: to those of private establishment. This order must be executed within a maximum period of one year.
p.002014: Final Art.- This Code will enter into force one hundred eighty days after its publication in the Registry
p.002014: Official.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 114
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p.000069: 10. The right of mothers to receive adequate prenatal and postnatal health care.
p.000069: The sale of narcotic drugs, psychotropic substances and others that may cause addiction is prohibited.
p.000069: alcoholic beverages, industrial glues, tobacco, firearms and explosives of any kind, to
p.000069: boys, girls and adolescents.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 43, 45, 46, 360, 362, 363
p.000069: Art. 28.- Responsibility of the State in relation to this right to health.- They are obligations of the State, which
p.000069: through the Ministry of Health:
p.000069: 1. Prepare and implement the policies, plans and programs that favor the enjoyment of the right
p.000069: contemplated in the previous article;
p.000069: 2. Promote the initiatives necessary to expand the coverage and quality of health services, particularly
p.000069: primary health care; and will take appropriate measures to combat maternal and infant mortality,
p.000069: child malnutrition and diseases that affect the child population;
p.000069: 3. Promote interdisciplinary action in the study and early diagnosis of delays in
p.000069: development, so that they receive the appropriate treatment and stimulation;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 6
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 4. Guarantee the provision of free medicine for children and adolescents;
p.000069: 5. Control the application of the complete vaccination schedule;
p.000069: 6. Develop educational programs for parents and other caregivers of children,
p.000069: girls and adolescents, to provide instruction in the basic principles of their health and nutrition, and in the advantages
p.000069: environmental hygiene and sanitation; and,
p.000069: 7. Organize specific care services for children and adolescents with physical, mental or
p.000069: sensory.
p.000069: Art. 29.- Obligations of the parents.- Corresponds to the parents and other persons in charge of the
p.000069: care of children and adolescents, provide health care that is within their reach and ensure the
p.000069: compliance with prescriptions, controls and medical and health provisions.
p.000069: Art. 30.- Obligations of health establishments.- Public and private health establishments,
p.000069: whatever their level, they are required to:
p.000069: 1. Provide emergency medical services to all children and adolescents who require them, without demanding payment
p.000069: advance or guarantees of any nature. This attention cannot be denied on the pretext of absence
p.000069: of the legal representative, the lack of financial resources, the lack of space, the cause or origin of the emergency or
p.000069: another similar circumstance;
p.000069: 2. Inform about the health status of the child or adolescent, their parents or
...
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
p.000069: be registered with proper names of the respective language. The Civil Registry authorities have the obligation to
p.000069: register these names without any limitation or objection.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 64 CIVIL CODE (BOOK I), Arts. 60
p.000069: GENERAL LAW OF CIVIL REGISTRY IDENTIFICATION AND IDENTIFICATION, Arts. 32
p.000069: Art. 37.- Right to education.- Children and adolescents have the right to a quality education. East
p.000069: Law demands an educational system that:
p.000069: 1. Guarantee the access and permanence of all boys and girls to basic education, as well as
p.000069: adolescent through high school or its equivalent;
p.000069: 2. Respect the cultures and specificities of each region and place;
p.000069: 3. Consider flexible and alternative educational proposals to meet the needs of all
p.000069: Children and adolescents, with priority for those who have disabilities, work or live in a situation that requires
p.000069: greater opportunities to learn;
p.000069: 4. Ensure that children and adolescents have teachers, teaching materials, laboratories,
p.000069: adequate premises, facilities and resources and enjoy a favorable environment for learning. This right includes
p.000069: effective access to initial education from zero to five years, and therefore programs will be developed and
p.000069: flexible and open projects, adapted to the cultural needs of the students; and,
p.000069: 5. To respect the ethical, moral and religious convictions of the parents and of the children and adolescents themselves.
p.000069: Public education is secular at all levels, compulsory until the tenth year of basic education and free
p.000069: up to high school or its equivalent.
p.000069: The State and the pertinent organisms will assure that the educational establishments offer services with equity,
p.000069: quality and opportunity and that the right of parents to choose the education that is guaranteed is also guaranteed
p.000069: the more it suits your sons and your daughters.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 28, 45, 66
p.000069: Art. 38.- Objectives of education programs.- Basic and secondary education will ensure knowledge, values ​​and
p.000069: indispensable attitudes for:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 9
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: a) To develop the personality, the aptitudes and the mental and physical capacity of the boy, girl and
p.000069: adolescent to his full potential, in a playful and emotional environment;
p.000069: b) Promote and practice peace, respect for human rights and fundamental freedoms, non-discrimination,
p.000069: tolerance, valuation of diversities, participation, dialogue, autonomy and cooperation;
p.000069: c) Exercise, defend, promote and disseminate the rights of children and adolescents;
p.000069: d) Prepare him to exercise a responsible citizenship, in a free, democratic and solidary society;
p.000069: e) Guide him on the role and responsibility of the family, the equity of his internal relationships, fatherhood and
p.000069: responsible motherhood and health preservation;
p.000069: f) Strengthen respect for their parents and teachers, for their own cultural identity, their language, their values, for
p.000069: national values ​​and those of other peoples and cultures;
p.000069: g) To develop autonomous, critical and creative thinking;
p.000069: h) Training for productive work and for the management of scientific and technical knowledge;
p.000069: and,
p.000069: i) Respect for the environment.
p.000069: Art. 39.- Rights and duties of parents in relation to the right to education.- They are rights and
p.000069: Duties of parents and other responsible for children and adolescents:
p.000069: 1. Enroll them in educational establishments;
p.000069: 2. Select for your children an education according to their principles and beliefs;
p.000069: 3. Actively participate in the development of educational processes;
p.000069: 4. Control the attendance of their sons, daughters or those represented at educational establishments;
p.000069: 5. Actively participate to improve the quality of education;
p.000069: 6. Ensure the maximum use of the educational means provided by the State and society;
p.000069: 7. Monitor the respect of the rights of their sons, daughters or those represented on campus
p.000069: educational; and,
p.000069: 8. Report violations of these rights, to which they are aware.
p.000069: Art. 40.- Disciplinary measures.- Teaching practice and discipline in educational establishments
p.000069: they will respect the rights and guarantees of children and adolescents; will exclude all forms of abuse,
p.000069: mistreatment and devaluation, therefore, any form of cruel, inhuman and degrading punishment.
p.000069: Art. 41.- Sanctions prohibited.- Educational establishments are prohibited from applying:
p.000069: 1. Corporal sanctions;
p.000069: 2. Psychological sanctions threatening the dignity of children and adolescents;
p.000069: 3. Collective sanctions are prohibited; and,
p.000069: 4. Measures that imply exclusion or discrimination due to a student's personal condition,
p.000069: their parents, legal representatives or those who have them in their care. Included in this prohibition are
p.000069: discriminatory measures due to pregnancy or maternity of an adolescent. No child or adolescent is
p.000069: You can deny registration or expel due to the condition of your parents.
p.000069: In any procedure aimed at establishing the responsibility of a child or adolescent for an act of
p.000069: indiscipline in an educational establishment, the right to defense of the student and their parents or
p.000069: representatives.
p.000069: Any form of sexual assault in educational establishments will be brought to the attention of the Agent
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
p.000069: that correspond in the educational field.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 10
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p.000069: Art. 42.- Right to education of children and adolescents with disabilities.- Children and adolescents
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
p.000069: Art. 43.- Right to cultural life.- Children and adolescents have the right to participate
p.000069: freely in all expressions of cultural life.
p.000069: In the exercise of this right they can access any public show that has been qualified
p.000069: as suitable for his age, by the competent authority.
p.000069: It is the obligation of the State and sectional governments to promote cultural, artistic and
p.000069: sports to which children and adolescents have access.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 22, 377
p.000069: Art. 44.- Cultural rights of indigenous and black or Afro-Ecuadorian peoples.- All care and
p.000069: care for children and adolescents of nationalities and indigenous peoples, black or Afro-Ecuadorian, shall
...
p.000069: Texts, images, images are considered inappropriate for the development of children and adolescents.
p.000069: messages and programs that incite violence, exploit fear or take advantage of children's lack of maturity,
p.000069: girls and adolescents to induce them to behavior harmful or dangerous to their health and safety
p.000069: personal and everything that violates morality or modesty.
p.000069: In any case, the application of measures or decisions related to this guarantee must faithfully observe
p.000069: the provisions of the Regulation for the Control of the Discretion of Administration Acts
p.000069: Public, issued by the President of the Republic.
p.000069: Note: Literal b) amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 18, 19
p.000069: Art. 48.- Right to recreation and rest.- Children and adolescents have the right to recreation, to
p.000069: rest, games, sports and more activities typical of each evolutionary stage.
p.000069: It is the obligation of the State and the sectional governments to promote and inculcate in children and
p.000069: adolescence, the practice of traditional games; create and maintain safe and accessible spaces and facilities,
p.000069: adequate, safe and free public programs and shows for the exercise of this right.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 12
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p.000069: Educational establishments must have sports, recreational, artistic and cultural areas, and
p.000069: allocate sufficient budgetary resources to carry out these activities.
p.000069: The Municipalities will dictate regulations on public shows; while the Regulatory Council of
p.000069: Development of Information and Communication will dictate regulations on radio and television programs and the use of games
p.000069: and computer or electronic programs.
p.000069: Note: Fourth paragraph replaced by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 49.- Rules on access to public shows.- The entry of children and adolescents to the
p.000069: shows that have been rated as inconvenient for their age.
p.000069: Public shows suitable for children and adolescents will enjoy a special regime regarding
p.000069: taxes and fiscal and municipal contributions, which will be regulated by the respective authorities. Whether
p.000069: have organized exclusively for the benefit of protection establishments, they will enjoy tax exemption.
p.000069: In the shows referred to in the previous article, they will be admitted free of charge and
p.000069: children and adolescents belonging to protection establishments are compulsory.
p.000069: The companies responsible for the shows must offer the necessary safeguards and guarantee the
p.000069: measures in case of accident.
p.000069: Matches:
...
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
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p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
...
p.000069: student, cultural, sports, labor and community.
p.000069: Any restriction on the exercise of this right, which is not expressly provided for in the law, is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Chapter VI
p.000069: Duties, capacity and responsibility of children and adolescents
p.000069: Art. 64.- Duties.- Children and adolescents have the general duties that the Political Constitution imposes on
p.000069: citizens, as long as they are compatible with their condition and evolutionary stage. They are specially obliged to:
p.000069: 1. Respect the Homeland and its symbols;
p.000069: 2. Know the reality of the country, cultivate the national identity and respect its multiculturalism; exercise and defend
p.000069: effectively your rights and guarantees;
p.000069: 3. Respect the rights and individual and collective guarantees of others;
p.000069: 4. Cultivate the values ​​of respect, solidarity, tolerance, peace, justice, equity and democracy;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 16
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p.000069: 5. Fulfill your responsibilities regarding education;
p.000069: 6. Act honestly and responsibly at home and at all stages of the educational process;
p.000069: 7. Respect their parents, teachers and those most responsible for their care and education; and,
p.000069: 8. Respect and contribute to the preservation of the environment and natural resources.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 83
p.000069: Art. 65.- Validity of legal acts.- The legal capacity regarding acts held by children and
p.000069: adolescents will comply with the provisions of the Civil Code, except in the following cases:
p.000069: 1. The acts and contracts of adolescents who have not turned fifteen are relatively null without prejudice to
p.000069: the validity that the law confers for the celebration of certain acts;
p.000069: 2. People who have turned fifteen also have the legal capacity to enter into
p.000069: work according to the rules of this Code; and,
p.000069: 3. To celebrate the acts and contracts that are included in the object of an organization
p.000069: student, labor, cultural, artistic, environmental, sports or neighborhood, of which they are legal representatives or legitimate
p.000069: representatives in the exercise of their right of association and whose amount does not exceed two thousand dollars.
p.000069: Adolescents may directly exercise those legal actions aimed at the exercise and protection of their
...
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
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p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
p.000069: the delivery or receipt of undue payments or benefits aimed at obtaining the consent of
p.000069: the parents, persons or institution in whose charge the child or adolescent is.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 46
p.000069: Art. 71.- Concept of loss of children or adolescents.- For the purposes of this Code, it is considered
p.000069: loss of children or adolescents, their voluntary or involuntary absence from the home, educational establishment or
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
p.000069: fundamental.
p.000069: Art. 73.- Duty of protection in cases of abuse.- It is the duty of all people to intervene in the act to
p.000069: protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 74.- Prevention and policies regarding the matters covered by this title.- The State
p.000069: adopt legislative, administrative, social, educational and other measures, which are
p.000069: necessary to protect children and adolescents against the behaviors and acts provided for in this title, and
p.000069: will promote policies and programs aimed at:
p.000069: 1. Assistance to children and adolescents and to the persons responsible for their care and protection, in order to
p.000069: prevent these forms of violation of rights;
p.000069: 2. The prevention and investigation of cases of mistreatment, sexual abuse and exploitation, trafficking and
p.000069: lost;
p.000069: 3. The search, recovery and family reintegration, in cases of loss, plagiarism, illegal transfer and trafficking; and,
p.000069: 4. The promotion of a culture of good treatment in daily relationships between adults, boys, girls and adolescents.
p.000069: In the development of the policies and programs referred to in this article, the
p.000069: participation of society, family, children and adolescents.
p.000069: Art. 75.- Prevention of institutional abuse.- The State will plan and implement administrative measures,
p.000069: legislative, pedagogical, protection, care, care and others that are necessary, in institutions
p.000069: public and private, in order to eradicate all forms of mistreatment and abuse, and to improve relationships
...
p.000069: moral and cultural, their rights to rest, recreation and play.
p.000069: Programs that incorporate work with the purpose indicated in this article, will give priority to the demands
p.000069: pedagogical related to the integral development of the child or adolescent, over the productive objectives.
p.000069: Chapter III
p.000069: Work without dependency relationship
p.000069: Art. 93.- Self-employment.- The municipalities will grant, in their respective jurisdictions, the permits to
p.000069: that adolescents who have reached the age of fifteen carry out economic activities on their own behalf
p.000069: own, provided they are not those considered harmful or harmful or that are prohibited in
p.000069: this or other legal bodies.
p.000069: Each Municipality will keep a record of these authorizations and will control the development of activities
p.000069: authorized to adolescents.
p.000069: The adolescents authorized in accordance with the previous paragraph, will receive from the Municipality a work card that
p.000069: will provide the following benefits: free access to public shows determined by regulation,
p.000069: preferential access to protection programs such as soup kitchens, medical services, night shelters,
p.000069: free registration and exemption from other payments in the tax and municipal educational centers.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 24
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The Ministry in charge of Labor Relations will issue the Regulations for issuing the license
p.000069: and the regulation of the benefits it provides.
p.000069: Note: Fourth paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 35, 138
p.000069: Chapter IV
p.000069: Protection measures and work-related sanctions
p.000069: Art. 94.- Protection measures.- In cases of infringement of the provisions of this title, the judges and
p.000069: competent administrative authorities may order one or more of the following protection measures in favor
p.000069: of the children and adolescents affected, without prejudice to the others contemplated in this Code:
p.000069: 1. The order to separate the child or adolescent from work activity;
p.000069: 2. The insertion of the child or adolescent and / or their family in a protection program; and,
p.000069: 3. The temporary separation of the family environment of the boy, girl, adolescent or aggressor, as the case may be.
p.000069: The necessary measures will be adopted so that the application of these measures does not affect the rights and
...
p.000069: 5. Stimulate and guide their cultural formation and development;
p.000069: 6. Ensure their participation in the decisions of family life, according to their evolutionary degree;
p.000069: 7. Promote the practice of recreational activities that contribute to the family unit, their physical health
p.000069: and psychological;
p.000069: 8. Apply preventive measures compatible with the rights of the child and adolescent; and,
p.000069: 9. Comply with the other obligations indicated in this Code and more laws.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 268, 273, 278 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 103.- Fundamental duties of sons and daughters.- Sons and daughters must:
p.000069: 1. Maintain a responsible and respectful behavior that provides their parents with the appropriate
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
p.000069: in case of illness, during the elderly and when they have a disability that does not allow them
p.000069: fend for themselves; and,
p.000069: 3. Collaborate in household chores, according to their age and development, as long as they do not interfere with their activities
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
p.000069: obligations of parents regarding their non-emancipated sons and daughters, regarding care, education, development
...
p.000069: related to the right to life, survival and a decent life. It implies the guarantee of providing the
p.000069: resources necessary to satisfy the basic needs of food that includes:
p.000069: 1. Nutritious, balanced and sufficient food;
p.000069: 2. Comprehensive health: prevention, medical care and provision of medicines;
p.000069: 3. Education;
p.000069: 4. Beware;
p.000069: 5. Adequate clothing;
p.000069: 6. Safe, hygienic and equipped with basic services;
p.000069: 7. Transportation;
p.000069: 8. Culture, recreation and sports; and,
p.000069: 9. Rehabilitation and technical aids if the beneficiary has a temporary disability or
p.000069: definitive.
p.000069: Art. 3.- Characteristics of the right.- This right is non-transferable, non-transferable, inalienable,
p.000069: imprescriptible, unattachable and does not admit compensation or reimbursement of what was paid, except for pensions of
p.000069: foods that have been previously fixed and have not been paid and from mothers who have made expenses
p.000069: Antenatals that have not been previously recognized, cases in which they can be compensated and transmitted to the
p.000069: heirs.
p.000069: Art. 4.- Holders of maintenance rights.- They have the right to claim maintenance:
p.000069: 1. Girls, boys and adolescents, except the emancipated voluntarily who have their own income, to
p.000069: who will suspend the exercise of this right in accordance with this standard;
p.000069: 2. Adults or adults up to the age of 21 years who demonstrate that they are studying in
p.000069: any educational level that prevents or hinders them from engaging in a productive activity and lack resources
p.000069: own and sufficient; and,
p.000069: 3. People of any age, who have a disability or their physical or mental circumstances prevent them
p.000069: or makes it difficult to procure the means to subsist on their own, as stated in the respective certificate issued
p.000069: by the National Council on Disabilities CONADIS, or the health institution that may have heard of the case
p.000069: that for the purpose must be presented.
p.000069: Art. 5.- Obliged to provide food.- Parents are the main holders of the
p.000069: maintenance obligation, even in cases of limitation, suspension or deprivation of parental authority.
p.000069: In case of: absence, impediment, insufficient resources or disability of the principal,
p.000069: duly verified by the person who alleges it, the competent authority shall order that the provision of food be
p.000069: paid or completed by one or more of the following required subsidiaries, based on their ability
p.000069: economically and as long as they are not disabled, in order:
p.000069: 1. The grandparents;
p.000069: 2. Siblings who have reached the age of 21 and are not included in the cases of numerals two
p.000069: and three from the previous article; and,
p.000069: 3. The uncles / as.
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p.000069: Minimum Food. However, you may set a higher pension than that established therein, depending
p.000069: of the merit of the evidence presented in the process.
p.000069: The pensions established in the table will be automatically indexed within the first fifteen days
p.000069: of the month of January of each year, considering also the inflation index published by the National Institute of
p.000069: Statistics and Censuses, (INEC) in the month of December of the immediately previous year and in the same percentage in which
p.000069: increase the unified basic remuneration of the worker in general.
p.000069: In cases where the income of the father and mother do not exist or are insufficient to
p.000069: satisfy the needs of the rightful holder, the Judge at the request of a party, will dispose the other liable parties, the payment
p.000069: of part or all of the fixed amount, who may exercise the action
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 36
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p.000069: of repetition of the payment against the father and / or the mother, legally obliged to fulfill this benefit.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Art. 16.- Subsidies and other legal benefits.- In addition to providing food, the person fed has the right to
p.000069: receive the following additional benefits from their father and / or mother:
p.000069: 1.- The legal or conventional subsidies for family expenses received by the defendant;
p.000069: 2.- Two additional alimony payments to be paid in the months of September and December of each year for
p.000069: the provinces of the Sierra educational system and in the months of April and December for the
p.000069: provinces of the educational regime of the Coast and Galapagos. Payment of additional pensions will be made
p.000069: even if the defendant does not work under a dependency relationship; and, 3.- 5% of the amount of legal profits
p.000069: received by the food provider for family charges, which must be prorated among all those who
p.000069: they are entitled to alimony, when they are entitled to said utilities.
p.000069: Art. 17.- Of the effect of res judicata.- The order that fixes the amount of the alimony and those forced to
p.000069: lending it does not have the effect of res judicata.
p.000069: Art. 18.- Obligations of public and private entities.- If the person obligated to pay maintenance receives remuneration,
p.000069: fees, retirement pension or other income, with or without dependency relationship, the car that fixes the pension
p.000069: Food will be notified to the payer or whoever substitutes it. The entity responsible for making the payment will have the
p.000069: obligation to deposit the fixed pension within the term of 48 hours, counted from the moment in which
p.000069: received the notification from the Judge, for which the original or copy shall be sent to this authority
p.000069: certified deposit. In the same term, the information requested by the Judge on the
p.000069: total income received by the defendant.
p.000069: Failure to comply with the provisions of the preceding paragraph, shall jointly and severally liable the
p.000069: employer, with the respective default interest.
p.000069: If the employer or the entity obliged to provide the information does not do so within 48 hours,
...
p.000061: Art. 209.- Definition and legal nature.- The organisms of execution of policies, plans, programs
p.000061: and projects, are public and private attention entities that are in charge of the execution of
p.000061: policies, plans, programs, projects, actions and measures of protection and sanction, according to the policies and
p.000061: plans defined by the competent bodies and instructions
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 57
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p.000061: of the authority that legitimized its operation.
p.000061: Art. 210.- Efficacy and legality of their action.- The attention entities must carry out their activities
p.000061: in the way that ensures the validity and protection of the rights and guarantees of children and
p.000061: adolescents, with strict adherence to the provisions of this Code, the regulations and the
p.000061: instructions from the authority that legitimized its operation.
p.000061: Art. 211.- Obligations of the attention entities.- The attention entities and the programs they execute must
p.000061: comply with the following general obligations:
p.000061: a) Promote personal and direct relationships with the family and promote activities that allow strengthening
p.000061: family bonding or reintegration in the shortest possible time, depending on the case;
p.000061: b) Carry out educational actions with the relatives in the care of the child or adolescent;
p.000061: c) Provide personalized attention and development of educational and recreational activities with each child and
p.000061: adolescent, according to their developmental needs;
p.000061: d) Comply with national standards of quality, safety and hygiene, in addition to those indicated in each case by the
p.000061: authority that legitimized its operation;
p.000061: e) Have adequate financial, human and material resources for the programs they execute;
p.000061: f) Submit periodic and detailed reports on the progress of their programs to the body that authorized their registration
p.000061: and operation;
p.000061: g) Guarantee that children and adolescents have public identity documents;
p.000061: h) Perform all social, legal and administrative actions aimed at defining and solving the situation
p.000061: physical, psychological, legal, family and social of the boy, girl and adolescent;
p.000061: i) Provide medical, dental, legal, psychological and social care;
p.000061: j) Guarantee food, clothing and necessary implements for personal hygiene and cleanliness;
p.000061: k) Inform the competent authority of the situation of threat or violation of rights;
p.000061: l) To inform the competent authority of changes in the legal status of children and
p.000061: adolescents in order for it to adopt the corresponding measures;
p.000061: m) Guarantee the entry and permanence of children and adolescents in the educational system, when
p.000061: correspond
p.000061: n) Maintain complete and updated records of each child or adolescent; and,
p.000061: o) The others established in this Code, laws, regulations, resolutions and instructions of the authority that
p.000061: legitimized its operation.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000061: Art. 212.- Registration of the attention entities. Attention entities must request registration
p.000061: to the respective ministry, for which they will present the care program, its financing and the other documents that
p.000061: are indicated in the Regulations. The registration of care entities will be valid for two renewable years
p.000061: indefinitely. In cases of refusal to register or to enroll in a program, the affected entity may
p.000061: resort to the ministry in charge of matters of economic and social inclusion, against whose resolution there will be no
p.000061: any resource. The service entity may resubmit an application for registration or registration
p.000061: of a program, when you have overcome the reasons why you were denied. The ministry in charge of the affairs of
p.000061: economic and social inclusion may revoke at any time, by means of a reasoned resolution in the terms required
p.000061: the Constitution of the Republic, the registration of the entity or the registration of the program, when they do not comply with the
p.000061: authorized purposes or consider that they somehow threaten or violate the rights of children and
p.000061: teenagers.
p.000061: Note: Article replaced by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 58
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p.000061: parents or guardians or the child or adolescent himself. In the application of the measures, preference should be given to those
p.000061: that protect and develop family and community ties.
p.000061: Protective measures impose on the State, its officials or employees or any individual, including
p.000061: parents, relatives, caregivers, teachers, educators, and the child himself or herself
p.000061: adolescents, certain actions in order to stop the act of threat, restore the right that has
p.000061: been violated and ensure permanent respect for their rights.
p.000061: Art. 216.- Concurrence of measures: One or more protection measures may be decreed for the same case and applied in
p.000061: simultaneously or successively. Its application does not prevent the imposition of sanctions that the case warrants.
p.000061: Art. 217.- List of protection measures.- Protection measures are
p.000061: administrative and judicial.
p.000061: In addition to those contemplated in Title IV of the First Book and in other legal bodies, they are measures
p.000061: administrative protection:
p.000061: 1. Actions of an educational, therapeutic, psychological or material support nature to the family nucleus, to preserve,
p.000061: strengthen or reestablish their ties for the benefit of the child or adolescent;
p.000061: 2. The order of care of the child or adolescent in their home;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 59
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 3. The family reintegration or return of the boy and girl to their biological family;
p.000061: 4. The order of insertion of the child or adolescent or of the person involved in the threat or violation of the
p.000061: right, in any of the protection programs contemplated by the System and which, in the judgment of the competent authority,
p.000061: it is the most appropriate according to the type of violating act, such as the order to carry out investigations
p.000061: necessary for the identification and location of the child or adolescent or their relatives and the
p.000061: clarification of the social, family and legal situation of the child or adolescent, the order to execute
p.000061: a specific action for the restitution of the violated right, such as: imposing on parents the
p.000061: enrollment of the child or adolescent in the Civil Registry or arrange for a health facility to provide
p.000061: urgent care or that an educational establishment proceed to enroll it, etc .;
p.000061: 5. The temporary removal of the person who has threatened or violated a right or guarantee, from the place where they live with
p.000061: the affected child or adolescent; and,
p.000061: 6. Emergency custody of the affected child or adolescent, in a family home or a care entity,
p.000061: up to seventy-two hours, during which time the Judge will order the corresponding protection measure.
p.000061: The following are judicial measures: foster care, institutional foster care and adoption.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 67
p.000061: Art. 218.- Competent authority and authorized entities.- They are competent to order the measures of
p.000061: protection referred to in this title, the Judges of Children and Adolescents, the Cantonal Protection Boards of
p.000061: Rights and care entities in the cases contemplated in this Code.
p.000061: Judicial protection measures can only be ordered by the Children's Judges and
p.000061: Adolescence.
p.000061: Administrative measures can be ordered interchangeably by the Children's Judges and
...
p.000061: the circumstances that motivated the measure change, so that it ratifies, modifies or ends it;
p.000061: 5. Participate in clarifying the legal situation of the child or adolescent deprived of their family environment;
p.000061: and,
p.000061: 6. Exhaust all the necessary actions to reinsert the child or adolescent in their family.
p.000061: Art. 227.- Duties and rights of the family of the child or adolescent: The parents or members of
p.000061: the family of the child and adolescent within the third degree of inbreeding in a straight or collateral line have the
p.000061: following rights and duties in foster care:
p.000061: 1. Cooperate in decisions that affect the foster child or adolescent;
p.000061: 2. Participate in determining the general aspects in which the child's family or
p.000061: adolescent intends to change to improve relationships within the family, and contribute to their
p.000061: compliance;
p.000061: 3. Participate in the determination and execution of the educational, emotional, physical aspects,
p.000061: psychological and affective that must be promoted for the growth and integral development of the child or adolescent and
p.000061: support their compliance;
p.000061: 4. Contribute financially, according to their possibilities, to the support of the child or
p.000061: foster adolescent; and,
p.000061: 5. Maintain references, links, visits and care in relation to your son, daughter or family member
p.000061: welcomed.
p.000061: In the absence or absence of the persons referred to in this article, the collaboration of the
p.000061: persons or family with which the child or adolescent was before the care.
p.000061: Art. 228.- Rights and responsibilities of the foster child or adolescent: The child or adolescent
p.000061: Foster has the following specific rights and responsibilities:
p.000061: 1. Be informed of the nature of the measure and express their opinion for fostering, according to its development
p.000061: evolutionary;
p.000061: 2. Receive adequate care and attention from those who host him;
p.000061: 3. Participate in the execution of the life project that includes all areas for its integral development; and,
p.000061: 4. Keep respect and collaborate with the foster family and the entity authorized to fulfill the objectives
p.000061: of foster care.
p.000061: Art. 229.- Termination of foster care: Foster care ends by:
...
p.000061: Penal.
p.000061: Art. 246.- Destination and collection of fines.- Fines collected in accordance with this
p.000061: Code will be directly deposited in the Fund for the Protection of Children and Adolescents. In case of
p.000061: delay in the payment of the fines, its collection will be in charge of the respective Municipality that will have coercive jurisdiction
p.000061: for the effect.
p.000061: Art. 247.- Special sanctions for suspension and closure.- Public service and attention entities and
p.000061: private that violate or threaten the rights of children and adolescents, in addition to the penalties of fine provided
p.000061: in this title, they will be sanctioned with a suspension of five days, the first time, one month the second and with
p.000061: final closure the third time.
p.000061: Chapter II
p.000061: Offenses sanctioned with a fine
p.000061: Art. 248.- General sanction.- Anyone who threatens or violates any of the rights or guarantees contemplated in any way.
p.000061: in this Code and more laws, in favor of a child or adolescent, and whose conduct of action or omission does not have
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
p.000061: 5. Educational establishments that unjustifiably expel a child or adolescent,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 66
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: do not allow their right to defense and deny the guarantees of due process;
p.000061: 6. Educational establishments that impose unjustified disciplinary sanctions on a child or adolescent,
p.000061: do not allow their right to defense and deny the guarantees of due process; and,
p.000061: 7. Establishments and authorities that violate the exercise of the right to diversity or cultural identity.
p.000061: The payment of the fine does not exempt educational establishments from restoring the violated right.
p.000061: Art. 250.- Violations against the right to information.- They will be sanctioned with the fine indicated in the article
p.000061: previous:
p.000061: 1. The media, cinemas, theaters and public shows and those responsible for their programming, which
p.000061: comply with the obligation to announce, with due anticipation, the nature and age classification for the audience
p.000061: or enter their programs;
p.000061: 2. Media directors, video and recording editors, and manufacturers
p.000061: and merchants of products aimed at children or adolescents, whose publications,
p.000061: editions and packaging of products contravene the prohibitions contained in article 46;
p.000061: 3. Those responsible for establishments and shows, public or private, that admit boys, girls and
p.000061: teens to shows and shows not rated as age-appropriate; and,
p.000061: 4. People who promote or allow any form of participation, public or private, of children,
p.000061: girls and adolescents in programs, commercial messages and shows whose content is inappropriate for their age.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 251.- Infractions against the right to privacy and image.- They will be sanctioned with a fine
p.000061: indicated in article 248:
p.000061: 1. The media, those responsible for programming or editing, and journalists, who disseminate
p.000061: information that allows or enables the identification of a teenager involved in criminal prosecution, or
...
p.000061: Article 304.- Of the sources of resources of the municipal funds.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: BOOK FOUR
p.000061: RESPONSIBILITY OF THE ADOLESCENT OFFENDER
p.000061: TITLE I
p.000061: GENERAL DISPOSITION
p.000061: Art. 305.- Unimputability of adolescents.- Adolescents are criminally imputable and, therefore,
p.000061: they will not be judged by ordinary criminal judges nor will the sanctions provided for in the criminal laws be applied to them.
p.000061: Art. 305-A.- Verification of age and identity. The verification of the age and identity of the
p.000061: adolescents will be held before the first hearing, for which they will resort to:
p.000061: 1. Any public identification document; or,
p.000061: 2. The pertinent scientific evidence carried out by an expert.
p.000061: In case of adolescent refusal to carry out the scientific test, the prosecutor will request a court order to
p.000061: the practice of expertise guaranteeing due process.
p.000061: In no case will the deprivation of liberty be decreed for the purposes of verifying age or identity.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 306.- Responsibility of adolescents.- Adolescents who commit offenses typified in the
p.000061: Organic Comprehensive Criminal Code will be subject to socio-educational measures for their responsibility in accordance with the
p.000061: precepts of this Code.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 78
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 307.- Non-imputability and exemption of responsibility of boys and girls.- Boys and girls are absolutely
p.000061: they are not imputable and neither are they responsible; therefore, they are not subject to judgment or
p.000061: socio - educational measures contemplated in this Code.
p.000061: If a boy or girl is surprised in cases that may be considered flagrancy according to the article
p.000061: 326, will be delivered to their legal representatives and, if they do not have them, to a service entity. It's prohibited
p.000061: his detention and preventive internment.
p.000061: When the need to take protective measures arises from the circumstances of the case, these will be taken
p.000061: respecting the conditions and requirements of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000061: Art. 308.- Principle of legality.- Adolescents may only be tried for acts considered
p.000061: as crimes by the Organic Comprehensive Criminal Code prior to the fact attributed to it and according to the
p.000061: procedure established in this Code.
p.000061: No action will be taken if there are causes of blame or causes of disclaimer.
p.000061: The application, execution and control of socio-educational measures will comply with the provisions of this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 309.- Objectives of the investigation and the determination of responsibility.- The trial process,
p.000061: in addition to establishing the degree of participation of the adolescent in the fact of which he is accused, it aims to
p.000061: investigate the circumstances of the event, the adolescent's personality and behavior, and the family and social environment in
p.000061: which is developed, so that the Judge can, according to the rules established in this Code, apply the
p.000061: the most appropriate socio-educational measure to strengthen the adolescent's respect for human rights and
p.000061: fundamental freedoms of third parties, promoting the reintegration of the adolescent and that he assumes a role
p.000061: constructive in society.
p.000061: Art. 310.- Responsibility of adolescents from indigenous communities.- Judgment and application
p.000061: of socio-educational measures for adolescent offenders belonging to communities
p.000061: indigenous, for acts committed in their communities, shall comply with the provisions of this Code.
p.000061: TITLE II
p.000061: OF THE RIGHTS AND GUARANTEES IN THE JUDGMENT
p.000061: Art. 311.- Presumption of innocence.- The innocence of the adolescent is presumed and will be treated as such until the
p.000061: has established in accordance with law, in an enforced resolution, the existence of the punishable act and its responsibility
p.000061: at.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 79
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 312.- Right to be informed.- Every adolescent investigated, detained or questioned has the right to
p.000061: be informed immediately, personally and in their mother tongue, or through sign language if there is a deficiency
p.000061: In communication:
p.000061: 1. On the reasons for the investigation, interrogation, arrest, the authority that ordered them, the
p.000061: identity of those who investigate, interrogate or detain him and the actions initiated against him; and,
p.000061: 2. About your right to remain silent, to request the presence of a lawyer and to communicate
p.000061: with a family member or with anyone you indicate.
p.000061: The adolescent will have the free assistance of an interpreter, if he does not understand or speak the
p.000061: language used.
...
p.000061: the criminal and police records of the adolescent offenders, who upon release have the right to
p.000061: have your file closed and destroyed. The original sentence or certified copy of it will be kept
p.000061: to keep a record for statistical purposes, for a possible filing of the appeal for review.
p.000061: With the exception of adolescents sentenced for crimes with a custodial sentence of more than ten years, the
p.000061: A criminal record certificate will not contain records of infractions committed while the person was
p.000061: Teen. Whoever does it will be subject to the sanctions of the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7 CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 251 CONSTITUTION OF
p.000061: THE REPUBLIC OF ECUADOR, Arts. 66
p.000061: Art. 318.- Guarantees of due process and challenge.- They are recognized in favor of the adolescent
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 81
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: all the guarantees of due process have been tried.
p.000061: The judicial resolutions are challengeable before the superior and the socio-educational measures applied
p.000061: are subject to revision, in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 321
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 319.- Proportionality guarantees.- The offending adolescent is guaranteed the due
p.000061: proportionality between the attributed offense and the socio-educational measure applied.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 320.- Judged thing.- Any form of termination of the process prevents a new
p.000061: investigation or prosecution for the same fact, even if its legal qualification is modified or known
p.000061: new circumstances. Consequently, no adolescent may be tried more than once for the same cause.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 321.- Exceptional deprivation of liberty:
p.000061: The deprivation of freedom of the adolescent will only be ordered as a last resort, by written order of the Judge
p.000061: competent, in cases, for time and with the formalities prescribed by law. The internment
p.000061: preventive may be revoked at any stage of the process, ex officio or at the request of a party.
p.000061: Art. 322.- Separation of adults.- The adolescent who is detained, interned
p.000061: preventively or complying with a measure of deprivation of liberty, will do so in centers
p.000061: specialists who ensure their separation from adults also detained.
p.000061: TITLE III
p.000061: OF PRECAUTIONARY MEASURES
p.000061: Art. 323.- Object.- Precautionary measures are intended to ensure the adolescent's immediacy with the process and
p.000061: your eventual civil liability or that of your representative. These measures are of restrictive application. It's prohibited
p.000061: impose precautionary measures not provided for in this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
...
p.000061: the following rules:
p.000061: 1. Detention only proceeds in the cases of articles 328 and 329, by written and motivated order of a competent judge;
p.000061: 2. Adolescents deprived of liberty will be taken to adolescent detention centers
p.000061: offenders who guarantee their safety, well-being and rehabilitation;
p.000061: 3. Any form of solitary confinement for a teenager deprived of liberty is prohibited; and,
p.000061: 4. In any case of deprivation of liberty, the age of the person affected must be verified and, in cases of doubt, it will be applied
p.000061: the presumption of article 5 and will be subject to the provisions of this Code until said presumption is destroyed
p.000061: according to law.
p.000061: The official who contravenes the provisions of this article will be removed from office by the
p.000061: corresponding authority.
p.000061: Art. 326.- Reasons for apprehension.- Police officers and anyone can apprehend a teenager:
p.000061: a) When he is caught in flagrant infraction of public action. There is flagrancy when it is apprehended
p.000061: to the author at the same moment of the commission of the offense or immediately after its commission, if it is
p.000061: apprehended with weapons, instruments, prints or documents related to the offense just committed;
p.000061: b) When you have escaped from a specialized detention center in which you were complying with a partner measure -
p.000061: educational; and,
p.000061: c) When the competent Judge has ordered the deprivation of liberty.
p.000061: No adolescent may be detained without a trial formula for more than twenty-four hours. Elapsed
p.000061: said period without being resolved on his arrest, the Coordinator or person in charge of the Internment Center will set it
p.000061: immediately released.
p.000061: No child may be detained, even in the event of a flagrant offense. In this event, it must be delivered from
p.000061: immediately to their legal representatives and, if they do not have them, to a service entity. It is prohibited to receive a child in a
p.000061: Internment Center; and if in fact it happens, the Center Coordinator will be removed from his post.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 327.- Procedure in cases of apprehension.- In the cases of the previous article, if the apprehension
p.000061: of the adolescent is carried out by police officers, they must immediately send it to the
p.000061: Prosecutor for Teenage Offenders with a detailed report on the circumstances of the arrest, the
p.000061: material evidences and the identification of the possible witnesses and of the apprehensors.
...
p.000061: kidnapping, retention or prohibition of alienating assets of the adolescent's professional property, in accordance with
p.000061: the law; or their legal representatives or people in charge of their care, in the terms of the Civil Code referring to
p.000061: bail.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 96, 422, 426, 427, 897, 900, 906, 907
p.000061: Art. 333.- Civil liability.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461, 1467, 1483, 1572
p.000061: TITLE IV
p.000061: OF THE JUDGMENT OF OFFENSES
p.000061: Chapter I
p.000061: The action and the procedural subjects
p.000061: Art. 334.- The exercise of the action. Exercise of action for the judgment of the adolescent
p.000061: corresponds only to the prosecutor. Private action offenses will be treated as criminal action
p.000061: public.
p.000061: Comprehensive reparations will proceed without the need for private accusation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 31
p.000061: Art. 334-A.- Prescriptions. The exercise of action in cases of crime will prescribe in three years and the
p.000061: contraventions in thirty days from its commission.
p.000061: Socio-educational measures will prescribe at the same time of their imposition. In no case will it be less than six months
p.000061: from the day the sentence was executed.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 334-B.- Related crimes. In the event that there are related crimes, the measure will be imposed
p.000061: socio-educational of the most serious crime.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 85
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 335.- The procedural subjects.- The procedural subjects are: The Prosecutors of Teenage Offenders and the adolescent
p.000061: indicted. The victim may participate in the process according to the rules of this Code.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 336.- Prosecutors of offending adolescents. Prosecutors for teen offenders have the following
p.000061: attributions:
p.000061: 1. Direct the pre-procedural and procedural investigation.
p.000061: 2. Decide if the exercise of criminal action is justified according to the merit of your investigation.
p.000061: 3. Procure the forms for early termination of the process, where appropriate.
p.000061: 4. Decide the referral, where appropriate.
p.000061: 5. Request admission to the protection system for victims, witnesses and other procedural subjects.
p.000061: 6. Direct the Police investigation in the cases it instructs.
p.000061: 7. The other functions indicated in the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
...
p.000061: In case of non-compliance, the initial process will continue.
p.000061: The terms of the agreement will not be imputed for the calculation of the prescription of the exercise of the action.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 349.- Suspension of the trial process. The prosecutor, even at the evaluation hearing and
p.000061: preparatory trial, may propose the suspension of the trial process, if the
p.000061: consent of the adolescent and these are crimes punishable by imprisonment of up to ten years.
p.000061: Once the petition is presented, the judge will call a hearing and if the victim attends, it will be heard. The presence of
p.000061: Adolescent advocate is a validity requirement.
p.000061: The suspension period of the trial process, is not imputed for the computation of the prescription of the action.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 90
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 555 of March 24,
p.000061: 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 349-A.- Suspension order.- The suspension order of the trial process will contain:
p.000061: 1. The detailed relationship of the facts and the determination of the criminal type.
p.000061: 2. The socio-educational measure of orientation and psycho-family partner support.
p.000061: 3. The repair of the damage caused, if applicable.
p.000061: 4. The conditions or terms of the agreed obligations, which cannot be less than a quarter of the time of
p.000061: the possible measure to be applied in case of being responsible for the crime and will never be greater than a third of the
p.000061: same.
p.000061: 5. The name of the institution responsible for providing psycho-family counseling or support and the reasons why
p.000061: justify.
p.000061: 6. The adolescent's obligation to inform the prosecutor of changes in the residence, workplace or educational center.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 350.- Fulfillment of the agreed obligations.- If the adolescent fulfills the obligations
p.000061: agreed, the Prosecutor will request the Judge to file the case, otherwise he will request that the process of
p.000061: judgment.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 351.- Referral with judicial authorization. It is possible to refer in the infractions sanctioned with penalties
p.000061: deprivation of liberty of up to five years, when the following requirements are met:
p.000061: 1. That the adolescent's consent is available.
p.000061: 2. That the adolescent has not been imposed a socio-educational measure or previous remission for a crime of equal or
p.000061: increased severity.
p.000061: For the referral, the adolescent will be taken to any psycho-family counseling and support program,
p.000061: community services or assisted freedom.
p.000061: The referral does not imply the recognition of the infraction by the adolescent and extinguishes the
p.000061: process as long as the program is fully complied with.
p.000061: The judge may grant the referral of the case at the request of the prosecutor or the adolescent. The petition will be proposed in the
p.000061: evaluation hearing and trial preparation. If the victim attends the hearing, they will be heard by
p.000061: the judge.
p.000061: The order granting the referral will contain the detailed account of the facts and the grounds
p.000061: legal; the determination of the orientation program to which he is sent and its duration.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 91
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1583, 1668
p.000061: Art. 352.- Tax remission. If the investigated infringement is one of those sanctioned with a custodial sentence of
p.000061: up to two years and if the victim has been remedied for the damages resulting from the offense, the prosecutor
p.000061: may declare the referral of the case and archive the file.
...
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 359.- Trial Hearing.- The trial hearing will be based on the tax indictment.
p.000061: The judge specialized in offending adolescents will declare the trial hearing installed, on the day and time
p.000061: indicated, with the presence of the public prosecutor of offending adolescents, the adolescent, together with his
p.000061: private or public defender.
p.000061: If, at the time of installing the audience, the adolescent is absent, he / she will feel the reason for this and
p.000061: He will suspend the hearing until he is present. The judge will arrange the necessary measures to ensure their
p.000061: appearance.
p.000061: If all the witnesses or experts summoned to give testimony do not appear, the judge will ask the
p.000061: procedural parties the relevance of continuing the hearing with those present listening to their
p.000061: arguments. Finally, the judge will decide whether or not to continue the hearing.
p.000061: On the appointed day and time, the judge will set up the oral trial, giving the floor to both the prosecution and the victim
p.000061: to be present, and to the adolescent's defense to present their opening arguments, before proceeding to the
p.000061: presentation and practice of tests.
p.000061: The practice of tests will be carried out according to the rules established in the Comprehensive Organic Penal Code.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 360.- Closing arguments.- Once the evidence is concluded, the judge will grant the floor to allege on
p.000061: the existence of the crime, the responsibility of the adolescent and the applicable socio-educational measure,
p.000061: according to the following order and provisions:
p.000061: 1. The prosecutor and the defense will present, in that order, their arguments or allegations. If the victim
p.000061: requiriere will intervene after the prosecutor. There will be a right of reply.
p.000061: 2. The judge will define in each case, the maximum extension of the intervention time for
p.000061: conclusion arguments, considering the volume of evidence seen at the hearing and the complexity of
p.000061: the charges resulting from the facts contained in the accusation.
p.000061: 3. Once the allegations are presented, the judge will declare the end of the debate and will deliberate to
p.000061: announce the oral judgment on responsibility and the socio-educational measure.
p.000061: 4. In case the adolescent's innocence is ratified, the judge will order his immediate freedom
p.000061: if it is deprived of it, it will lift all the precautionary measures imposed and issue without
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p.000061: delay the corresponding orders. The release order will proceed immediately even if it has not been executed.
p.000061: the sentence or appeals are filed.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 361.- The sentence.- The oral decision of the judge specialized in offending adolescents will be reduced to
p.000061: written in judgment.
p.000061: The sentence will contain both the reason for the existence of the infraction, the responsibility or not of the adolescent,
p.000061: as well as the determination of the socio-educational measure and the integral reparation to the victim, when appropriate.
p.000061: The judge will order the notification with the content of the sentence, within a period of three days after the
p.000061: completion of the trial hearing. From this, the term will run to present the
p.000061: corresponding challenges according to the provisions of the Law.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 362.- Requirements of the sentence.- The sentence will contain:
p.000061: 1. The indication of the specialized juvenile offender judge, the place, date and time it is issued;
p.000061: the adolescent's first and last names and other information that serves to identify him.
p.000061: 2. The statement of the evidence practiced and the precise and circumstantial relationship of the punishable act and
p.000061: of the adolescent's acts that the judge considers proven.
p.000061: 3. The judge's decision, with the reasoned statement of its factual and legal grounds.
p.000061: 4. The operative part, with mention of the legal provisions applied.
p.000061: 5. The indication and duration of the socio-educational measure; and, its form of compliance, when appropriate.
p.000061: 6. Comprehensive reparation and its form of compliance.
p.000061: 7. The existence or not of an improper action by the private or public prosecutor or defender. In such a case
p.000061: will notify the judgment to the Judicial Council for the corresponding procedure.
p.000061: 8. The order to destroy samples of substances for crimes of illicit production or trafficking of substances
p.000061: listed subject to inspection.
p.000061: 9. The provision to the centers of adolescent offenders or zonal Units of integral development for adolescents
p.000061: violators of the obligation to report monitoring and control reports of the measure imposed.
p.000061: 10. The signature of the judge.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 363.- Existence of several sentenced adolescents.- If there are several adolescents
p.000061: sentenced, the judge must refer in the sentence to each of them and indicate if they are authors or accomplices; or,
p.000061: ratify their innocence. In the latter case, it will order the cessation of all precautionary measures.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 363-A.- Notification.- The resolutions adopted by the specialized juvenile offender judge that
p.000061: restrict freedom or those that declare the expiration, suspension, revocation or replacement of internment
p.000061: preventive, dismissal, prescription, as well as the sentence that declares responsibility or confirms the
p.000061: innocence, will be notified to the Ministry
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p.000061: in charge of justice and human rights affairs, and when relevant to the Police
p.000061: Specialized in Children and Adolescents and the National Directorate of Migration.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-B.- Time of the socio-educational measure.- The judge specialized in offending adolescents
p.000061: will determine precisely the time and mode of the socio-educational measure that the adolescent should
p.000061: comply.
p.000061: For the purposes of computing the sanction, they count every day of the year. It is understood that the day is twenty-four hours and
p.000061: the month thirty days. The duration of the preventive internment will be computed to the socio-educational measure. When in
p.000061: the preventive internment expires the time provided in the socio-educational measure, the judge will declare it
p.000061: extinguished and will order the immediate release of the adolescent, without the need for another document or requirement
p.000061: for it to become effective.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-C.- Opportunity to execute the socio-educational measure.- The socio-educational measure will be met a
p.000061: once the sentence is executed.
p.000061: No pregnant adolescent, whatever their gestation period, may be deprived of their liberty or be
p.000061: notified with sentence, but ninety days after delivery.
p.000061: In no case will socio-educational deprivation of liberty measures be applied to adolescents who have
p.000061: permanent total disability that limits their performance.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 363-D.- Reparation in the sentence.- Every condemnatory sentence will contemplate the imposition of one or more
p.000061: conditions for the comprehensive reparation of the victim, in accordance with the following rules:
p.000061: 1. The victim must be identified and does not require having actively participated in the process.
p.000061: 2. Reparation will be discussed at the trial hearing.
p.000061: 3. If there is more than one person responsible, the judge will determine the type of reparation based on the circumstances.
p.000061: of the offense and the degree of participation as an author or accomplice, and if the crime was intentionally committed or
p.000061: guilty.
p.000061: 4. In the cases in which the victims are repaired for actions of a constitutional nature, the
p.000061: The judge will refrain from applying as a sanction the judicially determined forms of reparation.
p.000061: 5. If the repair is quantifiable in money, the necessary justification is required to fix the amount.
p.000061: 6. The obligation to make monetary reparation to the victim has first-class privilege over others.
p.000061: adolescent obligations. The judge will use the mechanisms provided by law for debt collection.
p.000061: 7. The judge may determine the payment methods, if they voluntarily accept the convicted adolescent and the
...
p.000061: gender.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Fifth Section The challenge
p.000061: Art. 364.- Presentation of the appeal. - The appeal is in accordance with the law.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 320, 323, 330, 365
p.000061: Art. 365.- Processing in Superior Court.- Once the file has been received by the Superior Court, a
p.000061: a hearing for the parties to present their allegations.
p.000061: The processing before the Superior Court may not exceed forty-five days, counted from the entry of the case
p.000061: to the respective room.
p.000061: Art. 366.- Resources. The appeals, nullity, fact, cassation and review resources come from
p.000061: pursuant to the Organic Comprehensive Criminal Code.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 320, 321, 323, 330, 365
p.000061: Chapter III
p.000061: Judgment of contraventions
p.000061: Art. 367.- Competent Judge.- The Teenager Offender Judge is competent for the judgment of all
p.000061: contraventions committed by adolescents, including those of land transit.
p.000061: Art. 368.- Procedure.- The judgment will be made in a single hearing, previous summons to the
p.000061: teenager to whom the offense is attributed. The resolution will be pronounced in the same hearing,
p.000061: It must be motivated and there will be no recourse against it.
p.000061: The judgment may not exceed ten days from the commission of the contravention. TITLE V
p.000061: THE PARTNER - EDUCATIONAL MEASURES
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p.000061: Note: Title with its chapters and articles from 369 to 386 repealed by Law No. 0, published in
p.000061: Official Record Supplement 180 of February 10, 2014.
p.000061: BOOK FIVE
p.000061: SOCIO-EDUCATIONAL MEASURES
p.000061: Note: Book added by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.000061: TITLE I
p.000061: SOCIO-EDUCATIONAL MEASURES
p.000061: CHAPTER I COMMON PROVISIONS
p.000061: Note: Title with its chapters and articles added by Law No. 0, published in the Official Registry
p.000061: Supplement 180 of February 10, 2014.
p.000061: Art. 370.- Scope.- The regime of socio-educational measures imposed on adolescents is applied by committing
p.000061: of criminal offenses typified in the Organic Comprehensive Criminal Code in accordance with article 319
p.000061: of this code.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 371.- Purpose of the socio-educational measures.- The socio-educational measures are intended to
p.000061: protection and development of adolescent offenders, guarantee their education, family integration and
p.000061: constructive inclusion to society, as well as promoting the exercise of the other rights of the
p.000061: person in accordance with the Constitution, international instruments ratified by Ecuador and this
p.000061: Book.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 372.- Classes of socio-educational measures.- The socio-educational measures are:
p.000061: 1. Deprivation of liberty.
p.000061: 2. Not custodial.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 373.- Appreciation of age.- For the imposition of socio-educational measures, the
p.000061: age of the adolescent at the date of the offense.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 374.- Competent authority.- Judges specialized in offending adolescents are competent
p.000061: for the jurisdictional control of the execution of the socio-educational measures that are applied.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 375.- Assistance after the fulfillment of the socio-educational measure.- The State through
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p.000061: The different public institutions are responsible for providing adolescents with social assistance and
p.000061: psychological after compliance with the socio-educational measure, by entities
p.000061: specialized, whose monitoring and evaluation corresponds to the Ministry in charge of justice and
p.000061: human rights, according to the time it deems necessary.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 376.- Agreements.- For the fulfillment of socio-educational measures, the State may subscribe
p.000061: agreements with public or private entities that guarantee compliance with the objectives and conditions
p.000061: indicated in this Book.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: CHAPTER II TECHNICAL ORGANISM
p.000061: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 377.- Competent entity.- The Ministry in charge of justice and human rights affairs is
p.000061: the governing body and executor of public policy regarding adolescent offenders, for which it will have the
p.000061: organic structure and specialized personnel necessary for the comprehensive care of adolescents
p.000061: offenders, the administration and management of the offending Teen Centers and Zonal Units of
p.000061: comprehensive development of adolescent offenders and the execution of socio-educational measures.
p.000061: The Ministry in charge of justice and human rights affairs will regulate the organization, management and
p.000061: articulation of public and private entities necessary for the proper functioning of the Centers of
p.000061: offending adolescents and Zonal development units for offending adolescents, to guarantee the
p.000061: fulfillment of the purposes of socio-educational measures and the exercise and protection of the human rights of
p.000061: adolescents and the rights guaranteed in the Constitution of the Republic.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: CHAPTER III
p.000061: SOCIO-EDUCATIONAL MEASURES NON-PRIVATIVE AND PRIVATIVE OF FREEDOM
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014
p.002014: Art. 378.- Non-custodial socio-educational measures.- Non-custodial socio-educational measures
p.002014: freedom that can be imposed are:
p.002014: 1. Warning: it is a verbal attention call made directly by the judge, to the adolescent; already
p.002014: their parents or legal representatives or those responsible for their care so that the illegality of the actions is understood.
p.002014: 2. Imposition of rules of conduct: it is the fulfillment of certain obligations and
p.002014: restrictions so that the illegality of the actions is understood and the behavior of each adolescent is modified, to
p.002014: in order to achieve integration into their family and social environment.
p.002014: 3. Orientation and psycho-family partner support: it is the obligation of the adolescent and his parents,
p.002014: legal representatives or those responsible for your care, to participate in family counseling and support programs to
p.002014: achieve adolescent adaptation to their family and social environment.
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p.002014: 4. Service to the community: they are concrete activities of community benefit imposed by the judge,
p.002014: so that the adolescent can carry them out without undermining their integrity and dignity, or affecting their
p.002014: academic or work obligations, taking into account their age, aptitudes, abilities and skills,
p.002014: and the socio-educational benefit they report.
p.002014: 5. Assisted freedom: is the state of freedom conditioned on compliance with guidelines and restrictions
p.002014: of conduct set by the judge, subject to guidance, assistance, supervision and evaluation,
p.002014: forcing the adolescent to comply with educational programs, receive orientation and follow-up, with the
p.002014: assistance from specialists and people with knowledge or skills in the treatment of adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Jurisprudence:
p.002014: Judicial Gazette, TRIAL FOR QUALIFIED THEFT, Apr 26, 2012
p.002014: Art. 379.- Socio-educational measures depriving liberty.- The socio-educational measures depriving liberty are:
p.002014: 1. Home internment: it is the partial restriction of freedom by which the adolescent does not
p.002014: You can leave your home, except to attend the establishment of studies, health and work.
p.002014: 2. Weekend confinement: is the partial restriction of liberty by virtue of which the
p.002014: adolescent will be required to attend weekends at the Center for Teenage Offenders, allowing him
p.002014: maintain family relationships and normally go to the establishment of studies or work.
p.002014: 3. Internment with a semi-open regime: it is the partial restriction of freedom by which the
p.002014: adolescent enters a center for offending adolescents, without impeding their right to attend
p.002014: usually to the study or work establishment.
p.002014: 4. Institutional Internment: it is the total deprivation of the freedom of the adolescent, who enters a Center of
p.002014: Teenage offenders, without prejudice to the application of the programs established for their treatment.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Jurisprudence:
p.002014: Judicial Gazette, INJURIES, Mar 29, 2012 Judicial Gazette, MURDER, Apr 2, 2012
p.002014: Judicial Gazette, QUALIFIED THEFT, Nov 26, 2012
p.002014: CHAPTER IV
p.002014: REGIMES FOR THE EXECUTION OF SOCIO-EDUCATIONAL MEASURES PRIVATIVE OF FREEDOM
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 380.- Regimes of execution of the socio-educational measure of Institutional Internment.- The execution of the
p.002014: Socio-educational measure of institutional internment, will be carried out under the following regimes:
p.002014: 1. Closed.
p.002014: 2. Half open.
p.002014: 3. Open.
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p.002014: An adolescent may move from one regime to another, by order of the judge, due to compliance
p.002014: progressive individualized plan of application of the socio-educational measure, the number of absences
p.002014: disciplinary committed, and the time completed of the socio-educational measure, in accordance with the requirements
p.002014: established in this Code.
p.002014: In the aforementioned regimes, the individual plan for applying the measure will be drawn up
p.002014: socio-educational and its execution, in the closed and semi-open regimes its location will also be regulated
p.002014: population.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 381.- Closed regime.- Consists of the full-time placement of the offending adolescent in a
p.002014: Center for the fulfillment of the deprivation of liberty socio-educational measure.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 382.- Semi-open regime.- Consists of the execution of the socio-educational measure in a Teen Center
p.002014: offenders, with the possibility of being absent for reasons of education or work. In addition, activities of
p.002014: family, social and community insertion.
p.002014: In case of non-compliance with the regime, the adolescent will be declared a fugitive.
p.002014: If sixty percent of the imposed socio-educational measure is met, the detention may be modified
p.002014: Institutional closed for the internment with semi-open regime or weekend internment.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 383.- Open regime.- It is the period of social inclusion in which the adolescent will coexist in their social environment
p.002014: in which the adolescent will live in his family and social environment supervised by the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: This regime can be revoked by the judge, at the request of the Center Coordinator when there is reason for it, in
p.002014: consideration of technical team reports.
p.002014: In case of breach of this regime without sufficient and proven justification, in addition to the revocation of
p.002014: This benefit, the judge, at the request of the Center Coordinator, may declare the adolescent a fugitive.
p.002014: To access this regime, compliance with eighty percent of the measure is required
p.002014: socio-educational. At this stage the adolescent will appear periodically before the judge.
p.002014: Adolescents who run away from a center for offending adolescents will not be able to access this regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Article 384.- Application of socio-educational measures in contraventions.- For cases of
p.002014: contraventions, the warning measure will be applied to the adolescent and the parents' attention call and one or more of
p.002014: the following measures:
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p.002014: a) Imposition of rules of conduct from one to three months.
p.002014: b) Orientation and psycho-family partner support from one to three months.
p.002014: c) Community services of up to one hundred hours.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 385.- Application of socio-educational measures in crimes sanctioned in the Comprehensive Organic Penal Code.
p.002014: The socio-educational measures applicable to crimes sanctioned in the Comprehensive Organic Penal Code are:
p.002014: 1. For cases of crimes punishable by a custodial sentence of more than one month to five years, the
p.002014: the warning measure and one or more of the following measures:
p.002014: a) Imposition of rules of conduct from one to six months.
p.002014: b) Orientation and psycho-family partner support from three to six months.
p.002014: c) Community services from one to six months.
p.002014: d) Freedom from three months to one year.
p.002014: e) Home stay from three months to one year.
p.002014: f) Internment for a weekend of one to six months.
p.002014: g) Hospitalization with a semi-open regime of three months to one year.
p.002014: 2. For cases of crimes punishable by a custodial sentence of more than five years and up to ten years,
p.002014: The warning measure and one of the following measures will apply:
p.002014: a) Home stay from six months to one year.
p.002014: b) Weekend internment from six months to one year.
p.002014: c) Internment with a semi-open regime of six months to two years.
p.002014: d) Institutional internment from one to four years.
p.002014: 3. For cases of crimes punished with a custodial sentence of more than ten years,
p.002014: The measure of reprimand and institutional confinement will apply for four to eight years.
p.002014: Additionally, and six months before the conclusion of this socio-educational measure, an evaluation will be carried out
p.002014: comprehensive that will determine the need for monitoring and control for up to two years after
p.002014: compliance with the measure.
p.002014: For cases of crimes against sexual and reproductive integrity, the specialized judge in
p.002014: Teenage offenders will also impose the obligation for the adolescent to attend sex education programs,
p.002014: within the treatment of socio-educational measures.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 386.- Request to apply or modify the execution regimes.- The judge
p.002014: specialized in adolescent offenders will process the application or modification request in a hearing
p.002014: of the regime of execution of the socio-educational measure of internment.
p.002014: The modification is applied after the presentation of the reports issued by the technical team of the
p.002014: Teenage offenders where he is complying with the measure.
p.002014: The request will be submitted by the offending adolescent, their public or private defender or by the
p.002014: Coordinator of the Center, if it meets the scheduled time for each execution regime.
p.002014: The adolescent, his legal representatives or those responsible for his care and his
p.002014: public or private defender.
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p.002014: The Center Coordinator, based on the motivated reports of the technical team, may request the Judge to
p.002014: revocation of a modification granted. Before deciding, the Judge will listen to the adolescent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 387.- Non-compliance with socio-educational measures.- In case of non-compliance with the socio-educational measures of
p.002014: imposition of rules of conduct, counseling and psycho-family partner support or community service, the
p.002014: Judge will impose the measure of assisted liberty or home confinement for the remaining time of the
p.002014: initial measure.
p.002014: In case of non-compliance with the socio-educational measures of assisted freedom, home internment,
p.002014: weekend internment and semi-open internment, the judge will impose the measure
p.002014: immediately superior socio-educational for the remaining time of the initial measurement.
p.002014: When the teenager runs away from the establishment, he will be prosecuted for the crime of evasion, without prejudice
p.002014: that when apprehended again the missing time of the initial measure will be fulfilled.
p.002014: The Coordinator will present to the judge the reports of non-compliance with the measure, issued by the technical team of the
p.002014: Center for adolescent offenders or the zonal Unit for the comprehensive development of adolescent offenders, who then
p.002014: if this non-compliance is duly verified for reasons attributable to the adolescent, the superior measure will be imposed.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 388.- Continuity of compliance with socio-educational measures for adults.
p.002014: sentenced upon reaching the age of majority will continue with the imposed socio-educational measure. If it is a
p.002014: deprivation of liberty socio-educational measure, will remain in a special section in the same
p.002014: Teenage offenders.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 389.- Emerging exits.- The adolescent is guaranteed emergent exit from the center of
p.002014: institutional internment for:
p.002014: a) Receive specialized medical attention, when it cannot be provided at the center.
p.002014: b) Attend the burial of their ascendants or descendants in the first degree, their spouse or partner in common law, as well
p.002014: as if to visit them in their bed of serious illness.
p.002014: In these cases, the exits will be carried out under the supervision of the Specialized Police for Children and
p.002014: Adolescence, which will be responsible for returning the adolescent to the center, once the need has been met.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 390.- Comprehensive care model.- Socio-educational measures must be progressively fulfilled according to the
p.002014: individualized program and the guidelines of the comprehensive care model provided by the Regulations issued
p.002014: for its effect.
p.002014: The comprehensive care model is developed on five axes:
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p.002014: 1. Self-esteem and autonomy: Awareness of responsibility for their actions, their human development will be promoted
p.002014: comprehensive and respect for the Law.
p.002014: 2. Education: constant learning will be encouraged, for which the entrance, re-entry and permanence in the
p.002014: the educational system, so that the use of free time will be aimed at pedagogical use
p.002014: educational.
p.002014: 3. Comprehensive health: there will be a comprehensive medical and clinical history. Constant checks will be made for the
p.002014: timely detection of possible diseases and provide preventive and curative health in addition to programs
p.002014: help, orientation and treatment in case of addictions and others.
p.002014: 4. Occupational work: To guarantee quality training that enables the older adolescent
p.002014: of fifteen years develop skills for insertion in the labor market, generating strategies of
p.002014: micro entrepreneurship, training activities will be implemented in different areas.
p.002014: 5. Family or affective ties: To promote the constant bond that benefits family and social reintegration
p.002014: activities will be planned to recover, build, maintain and strengthen the family ties of the
p.002014: adolescent with his family of origin or with those people who created bonds of affection and who are a reference for his
p.002014: lifetime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: TITLE II
p.002014: ADOLESCENT ADOLESCENT CENTERS AND ZONE UNITS FOR INTEGRAL DEVELOPMENT
p.002014: Note: Title added by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: Art. 391.- Instances responsible for compliance with socio-educational measures.- The measures
p.002014: socio-educational is fulfilled in:
p.002014: 1. Teenage offender centers, in which adolescents who have been imposed measures remain
p.002014: precautionary or socio-educational measures involving deprivation of liberty.
p.002014: 2. Zonal units of integral development of adolescent offenders, in which attention is given to those who
p.002014: It imposes on them a socio-educational measure that is not custodial. These units will be in charge of analyzing the
p.002014: adolescent's situation, selecting and assigning the private or public institution that has the program,
p.002014: professionals and necessary equipment that ensures the execution of the non-custodial socio-educational measure.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 392.- Compulsory registration of the offending adolescents.- In the adolescent Centers
p.002014: offenders and in the zonal units of comprehensive development of young offenders, a record of
p.002014: each adolescent in order to facilitate specialized treatment for their comprehensive development. Measures fulfilled
p.002014: imposed socio-educational, this record will be deleted.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 393.- Sections of the offending Teen Centers.- The offending Teen Centers
p.002014: They are separated into the following sections:
p.002014: 1. Section of provisional internment for adolescents who enter as a result of a precautionary measure.
p.002014: 2. Orientation and support section for the fulfillment of socio-educational measures of
p.002014: weekend internment and semi-open regime internment.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 104
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 3. Internment section for the fulfillment of socio-educational institutional internment measures
p.002014: closed regime.
p.002014: Within the sections determined in numerals 2 and 3 there will be four subsections:
p.002014: a) Adolescents under the age of fifteen.
p.002014: b) Adolescents between fifteen and eighteen years of age.
p.002014: c) Those over eighteen years of age and up to twenty-four years.
p.002014: d) Those over twenty-four years of age.
p.002014: The Center coordinator will take care of the proper preparation for the transition in each of these
p.002014: subsections.
p.002014: All specialized care sections will have adequate living, communal and living areas for the
p.002014: development of activities and programs.
p.002014: The centers of adolescent offenders will only host adolescents of the same sex. In the cities where not
p.002014: there are centers separated by sex, adolescents can be accommodated, provided the environments are fully
p.002014: separated.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 394.- Admission.- An adolescent will only enter the Center for adolescent offenders with authority order
p.002014: competent or for having been arrested for a flagrant crime.
p.002014: Teens detained for research will be admitted to an existing temporary reception section
p.002014: throughout the Teenage Offender Center.
...
p.002014: cases:
p.002014: 1. Family closeness.
p.002014: 2. Suffering from one or more diseases for which the adolescent is in danger of death.
p.002014: 3. Need for specialized treatment, as a security measure, for a mental disorder, for which it will certify
p.002014: a psychiatrist with his report.
p.002014: 4. Teen or center safety.
p.002014: 5. Overcrowded conditions.
p.002014: Only the adolescent can appeal the transfer decision ordered by the Ministry in charge of the affairs of
p.002014: justice and human rights or their refusal, before the judge of offending adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 399.- Security criteria in the centers of offending adolescents.- The security criteria
p.002014: that are applied in the centers of adolescent offenders are:
p.002014: 1. The discipline based on training programs aimed at developing the skills of the
p.002014: adolescent, enrich their knowledge, improve their technical, professional or occupational skills and
p.002014: make up for its shortcomings.
p.002014: 2. The adolescent's stay in a harmonious place free of coercive measures, always oriented towards
p.002014: family support and therapeutic social care.
p.002014: 3. Education, through compulsory schooling, educational options, physical culture and
p.002014: general instruction and sociocultural and sports activities.
p.002014: 4. Integral health and permanent treatment.
p.002014: 5. The visiting regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER I
p.002014: THE TREATMENT
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 400.- Individual plan of application of the socio-educational measure.- For adolescents at liberty
p.002014: assisted, home hospitalization, weekend hospitalization, hospitalization with semi-open regime and
p.002014: institutional internment, individual plans of application of the socio-educational measure will be elaborated and executed,
p.002014: in accordance with the respective Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 401.- Programs.- The programs carried out in the centers will be framed in the following categories:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 106
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Education program that includes basic and higher, formal and informal instruction that contributes to the development of
p.002014: motor, psycho-affective and cognitive learning abilities and skills, in order to guarantee their access and
p.002014: permanence to the educational system.
p.002014: 2. Program to reduce violence and sexual assault.
p.002014: 3. Physical culture and sports program.
p.002014: 4. Cultural and artistic program.
p.002014: 5. Physical, sexual and mental health program.
p.002014: 6. Program of labor, productive and community service activities.
p.002014: 7. Crafts and plastic arts program.
p.002014: 8. Program that strengthens family ties.
p.002014: 9. Participation and human rights program.
p.002014: 10. Agricultural promotion and development program.
p.002014: 11. Programs and projects approved by the Ministry in charge of justice and rights affairs
p.002014: humans.
p.002014: 12. Others determined by the Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 402.- Record of program activities.- Each Center will keep a record of activities that the adolescent
p.002014: It is complying and its progress in them, according to its individualized program of
p.002014: application of the socio-educational measure, which will include the reports of the technical team, the
p.002014: comprehensive development evaluation, results, observations and recommendations that
p.002014: presented quarterly to the entity in charge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 403.- The adolescent's discharge from the center.- The approximate date of the adolescent's discharge is informed to their
p.002014: relatives, representatives or persons in charge of their care and the competent judge.
p.002014: In order for the adolescent to continue with the training or education received during their
p.002014: stay in the center, you must be informed of the educational or training options in which
p.002014: You can be released.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 404.- Control and discipline measures.- The Center Coordinator, after the due observance
p.002014: process and the report of the technical team, will provide the application of control and discipline measures
p.002014: provided in the respective regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 405.- Assistance to the sanctioned adolescent.- The adolescent will be attended periodically by the services
p.002014: doctors, psychology, social work and education, who will monitor their evolution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 406.- Offenses that entail presumptions of criminal responsibility.- In the event that the offenses committed by the
p.002014: adolescents in the centers carry serious presumptions of criminal responsibility, the Center Coordinator
p.002014: will notify the Prosecutor's Office.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 107
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER II VISITATION REGIME
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
...
p.002014: Art. 426.- Derogatory.- The following bodies and legal provisions are repealed:
p.002014: 1. The Minors Code: Law 170.PCL.RO-S 995 of August 7, 1992; and other regulatory regulations derived from
p.002014: referred Code.
p.002014: 2. The General Regulation to the Minors Code: DE 2766.RO 711 of June 7, 1995.
p.002014: Note: Article renumbered by Law No. 0, published in Official Gazette Supplement 180 of February 10, 2014.
p.002014: TRANSITORY DISPOSITIONS
p.002014: First.- Those who hold the positions of Judge Ministers of the National Juvenile Court and District Courts
p.002014: Minors will become part of the Judicial Function, whose headquarters will be the city in which they
p.002014: exercised jurisdiction, within a period of sixty days, in accordance with the provisions of the National Council of the
p.002014: Judiciary.
p.002014: Second.- Those who are exercising the positions of Presidents of the Juvenile Courts will go to
p.002014: occupy the positions of Judges of Childhood and Adolescence, within a maximum period of sixty days, for which purpose, in the form
p.002014: prior, the National Council of the Judiciary will distribute according to the needs of each
p.002014: territorial jurisdiction, being able to resolve the creation of new courts for Children and Adolescents, the
p.002014: of Family, Childhood and Adolescence Courts, or the determination of the civil judges that will go to
p.002014: fulfill functions of Judges of the Family, Childhood or Adolescence.
p.002014: Jurisprudence:
p.002014: Judicial Gazette, COURT OF MINORS, Jul 11, 1921
p.002014: Third.- The medical and educational members of the Juvenile Courts and the District Courts, as well as
p.002014: the technical team of the Judicial Social Service for Minors will become part of the Office
p.002014: Technique, auxiliary body of the Childhood and Adolescence Judges, within a maximum period of sixty days.
p.002014: These may also be an auxiliary body of the Judges for Children and Adolescents in places where the
p.002014: National Council of the Judiciary expressly establishes it. These people will receive the same wages and
p.002014: remuneration than those who exercise equivalent functions in the Judicial Function, in no case,
p.002014: those will be less than those they had been receiving.
p.002014: Fourth.- The other officials, employees, servers and administrative workers that currently
p.002014: provide their services in the Juvenile Judicial Service, they will become part of the Children's Courts and
p.002014: Adolescence and technical offices according to the distribution made by the National Council of the Judiciary
p.002014: within a maximum period of sixty days; in the same way they will receive the same remuneration as their peers of the Function
p.002014: Judicial.
p.002014: Fifth.- The aforementioned charges will be subject to what is prescribed in the Organic Law of the Function
p.002014: Judicial and other applicable legal norms. The National Council of the Judiciary, when carrying out the
p.002014: assignment and distribution of these positions, will ensure that the people who held them, under the new structure
p.002014: lend it in the same cities where they exercised their function, at the time of publication in the Official Registry of this
p.002014: Code.
...
Searching for indicator schooling:
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p.002014: You can request the Ministry in charge of justice and human rights matters to transfer you to the following
p.002014: cases:
p.002014: 1. Family closeness.
p.002014: 2. Suffering from one or more diseases for which the adolescent is in danger of death.
p.002014: 3. Need for specialized treatment, as a security measure, for a mental disorder, for which it will certify
p.002014: a psychiatrist with his report.
p.002014: 4. Teen or center safety.
p.002014: 5. Overcrowded conditions.
p.002014: Only the adolescent can appeal the transfer decision ordered by the Ministry in charge of the affairs of
p.002014: justice and human rights or their refusal, before the judge of offending adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 399.- Security criteria in the centers of offending adolescents.- The security criteria
p.002014: that are applied in the centers of adolescent offenders are:
p.002014: 1. The discipline based on training programs aimed at developing the skills of the
p.002014: adolescent, enrich their knowledge, improve their technical, professional or occupational skills and
p.002014: make up for its shortcomings.
p.002014: 2. The adolescent's stay in a harmonious place free of coercive measures, always oriented towards
p.002014: family support and therapeutic social care.
p.002014: 3. Education, through compulsory schooling, educational options, physical culture and
p.002014: general instruction and sociocultural and sports activities.
p.002014: 4. Integral health and permanent treatment.
p.002014: 5. The visiting regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHAPTER I
p.002014: THE TREATMENT
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 400.- Individual plan of application of the socio-educational measure.- For adolescents at liberty
p.002014: assisted, home hospitalization, weekend hospitalization, hospitalization with semi-open regime and
p.002014: institutional internment, individual plans of application of the socio-educational measure will be elaborated and executed,
p.002014: in accordance with the respective Regulations.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 401.- Programs.- The programs carried out in the centers will be framed in the following categories:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 106
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Education program that includes basic and higher, formal and informal instruction that contributes to the development of
...
Social / employees
Searching for indicator employees:
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p.000069: 2. In activities that involve the manipulation of explosive, psychotropic, toxic, dangerous substances
p.000069: or harmful to your life, your physical or mental development and your health;
p.000069: 3. In brothels or tolerance zones, places of games of chance, sale of alcoholic beverages and others that may
p.000069: be inconvenient for the moral or social development of the adolescent;
p.000069: 4. In activities that require the use of dangerous machinery or that expose you to noise that exceeds the limits
p.000069: legal tolerance;
p.000069: 5. In an activity that may aggravate the disability, in the case of adolescents who have it;
p.000069: 6. In other activities prohibited in other legal bodies, including international instruments
p.000069: ratified by Ecuador; and,
p.000069: 7. In homes whose members have a history as perpetrators of abuse or mistreatment.
p.000069: The Ministry in charge of Labor Relations will determine the specific forms of dangerous, harmful or
p.000069: risky that are prohibited for adolescents, taking into account their nature, conditions and risk
p.000069: for their life and personal integrity, health, education, security and integral development.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 30, 137, 138, 140, 146 CIVIL CODE (PRELIMINARY TITLE), Arts. 9 CONSTITUTION OF THE REPUBLIC
p.000069: DEL ECUADOR, Arts. 46
p.000069: Chapter II
p.000069: I work as employees
p.000069: Art. 88.- Forms of the employment contract.- The individual employment contract for adolescents is
p.000069: It shall be held in writing and shall be registered with the Municipality and with the Labor Inspectorate of the respective jurisdiction.
p.000069: The employer has the obligation to register the employment contract within thirty days, without
p.000069: prejudice to the adolescent's right to request such registration by himself.
p.000069: In the absence of a written contract, the adolescent may prove the employment relationship by any means, including
p.000069: the deferred oath.
p.000069: Whenever a person benefits from the work of a teenager; it is presumed, for all legal purposes, the
p.000069: existence of an employment relationship.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 8, 12, 14, 35, 144, 147, 593 CODE OF CIVIL PROCEDURE, Arts. 148
p.000069: Art. 89.- Labor and social rights.- Adolescents who work under the relationship of
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 23
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: dependency, enjoy all the rights and benefits, individual and collective, provided by law
p.000069: labor, social security and education; plus the specific rights contemplated in this Code.
p.000069: Art. 90.- Of the apprentices.- In the apprenticeship contracts there will be a clause on the mechanisms
p.000069: transfer to the adolescent of the knowledge of the trade, art or form of work. These contracts will not last
p.000069: more than two years, in the case of artisan work, and six months, in industrial work or other type of work.
p.000069: Employers will especially guarantee the exercise of the rights to education, health and rest of their
p.000069: apprentices.
...
p.000061: by three appointed members; two by the Ministry in charge of economic inclusion issues and
p.000061: social and one by the municipal government where each committee has jurisdiction.
p.000061: Each Committee will elect a President from its bosom.
p.000061: The Family Allocation Committees will be called by their President at the request of the respective Technical Unit of
p.000061: Adoptions. The representatives and technicians of the attention entities and the officials of the Unit
p.000061: Adoption Technician will attend the Committee meetings with the sole purpose of issuing their technical criteria.
p.000061: The jurisdiction of the Family Allowance Committees will be determined by the Ministry in charge of the affairs of
p.000061: economic and social inclusion in the act of its creation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 171.- Of the members of the Assignment Committees.- To be a member of the Assignment Committees
p.000061: Family members must be accredited knowledge and experience in social, psychological, legal or medical work with children and
p.000061: adolescence, especially with children deprived of their family environment and adoption. The representatives cannot be
p.000061: of adoption agencies or entities, their officials or employees, and their relatives until
p.000061: fourth degree of consanguinity or second degree of affinity.
p.000061: Members of the Family Allowance Committees are subject to disabilities and
p.000061: incompatibilities provided for in the regulation.
p.000061: Art. 172.- The allocation.- The Allocation is the decision of the Family Allocation Committee, expressed by
p.000061: administrative resolution, by which an appropriate family is assigned to a certain child or adolescent, according to their
p.000061: needs, characteristics and conditions.
p.000061: The assignment will be notified to the candidates for adopters, the person to be adopted and the Care Entity
p.000061: where appropriate.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 48
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Adoptive families may not accept the assignment made, in a motivated way, if it does not respond
p.000061: to the terms of your request. If the non-acceptance of the assignment is due to reasons that the Committee considers
p.000061: discriminatory, will provide that the Technical Adoption Unit remove the family from the family registry
p.000061: adopters.
p.000061: Art. 173.- Refusal of assignment.- The Family Assignment Committee will deny the assignment in the
p.000061: following cases:
p.000061: 1. When adolescents do not consent to the assignment or the boys and girls give contrary opinion to
p.000061: its adoption; and,
...
p.000061: The application of sanctions will be made after the non-compliance has been verified, through a
p.000061: administrative procedure that ensures respect for due process guarantees.
p.000061: Art. 214.- Obligations of schools, colleges and health centers.- The entities that provide
p.000061: Public and private education and health services must comply with the measures of
p.000061: protection and administrative and judicial resolutions issued by the corresponding authorities and with the standards
p.000061: of established quality.
p.000061: TITLE VI
p.000061: OF PROTECTION MEASURES
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 215.- Concept.- Protection measures are actions taken by the competent authority, through resolution
p.000061: judicial or administrative, in favor of the child or adolescent, when the risk has occurred or exists
p.000061: imminent that a violation of their rights occurs by action or omission of the State, society, their
p.000061: parents or guardians or the child or adolescent himself. In the application of the measures, preference should be given to those
p.000061: that protect and develop family and community ties.
p.000061: Protective measures impose on the State, its officials or employees or any individual, including
p.000061: parents, relatives, caregivers, teachers, educators, and the child himself or herself
p.000061: adolescents, certain actions in order to stop the act of threat, restore the right that has
p.000061: been violated and ensure permanent respect for their rights.
p.000061: Art. 216.- Concurrence of measures: One or more protection measures may be decreed for the same case and applied in
p.000061: simultaneously or successively. Its application does not prevent the imposition of sanctions that the case warrants.
p.000061: Art. 217.- List of protection measures.- Protection measures are
p.000061: administrative and judicial.
p.000061: In addition to those contemplated in Title IV of the First Book and in other legal bodies, they are measures
p.000061: administrative protection:
p.000061: 1. Actions of an educational, therapeutic, psychological or material support nature to the family nucleus, to preserve,
p.000061: strengthen or reestablish their ties for the benefit of the child or adolescent;
p.000061: 2. The order of care of the child or adolescent in their home;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 59
p.000061: eSilec Professional - www.lexis.com.ec
...
p.002014: Judiciary.
p.002014: Second.- Those who are exercising the positions of Presidents of the Juvenile Courts will go to
p.002014: occupy the positions of Judges of Childhood and Adolescence, within a maximum period of sixty days, for which purpose, in the form
p.002014: prior, the National Council of the Judiciary will distribute according to the needs of each
p.002014: territorial jurisdiction, being able to resolve the creation of new courts for Children and Adolescents, the
p.002014: of Family, Childhood and Adolescence Courts, or the determination of the civil judges that will go to
p.002014: fulfill functions of Judges of the Family, Childhood or Adolescence.
p.002014: Jurisprudence:
p.002014: Judicial Gazette, COURT OF MINORS, Jul 11, 1921
p.002014: Third.- The medical and educational members of the Juvenile Courts and the District Courts, as well as
p.002014: the technical team of the Judicial Social Service for Minors will become part of the Office
p.002014: Technique, auxiliary body of the Childhood and Adolescence Judges, within a maximum period of sixty days.
p.002014: These may also be an auxiliary body of the Judges for Children and Adolescents in places where the
p.002014: National Council of the Judiciary expressly establishes it. These people will receive the same wages and
p.002014: remuneration than those who exercise equivalent functions in the Judicial Function, in no case,
p.002014: those will be less than those they had been receiving.
p.002014: Fourth.- The other officials, employees, servers and administrative workers that currently
p.002014: provide their services in the Juvenile Judicial Service, they will become part of the Children's Courts and
p.002014: Adolescence and technical offices according to the distribution made by the National Council of the Judiciary
p.002014: within a maximum period of sixty days; in the same way they will receive the same remuneration as their peers of the Function
p.002014: Judicial.
p.002014: Fifth.- The aforementioned charges will be subject to what is prescribed in the Organic Law of the Function
p.002014: Judicial and other applicable legal norms. The National Council of the Judiciary, when carrying out the
p.002014: assignment and distribution of these positions, will ensure that the people who held them, under the new structure
p.002014: lend it in the same cities where they exercised their function, at the time of publication in the Official Registry of this
p.002014: Code.
p.002014: Sixth.- The budget items corresponding to the spending groups of: remunerations, goods and
p.002014: consumer services and general services; and the movable property assigned to
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 112
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: operation of the National Juvenile Court, District Juvenile Courts and Juvenile Courts,
p.002014: they will transfer from the Social Welfare Budget to the budget of the Judicial Branch. Within the maximum period of
p.002014: ninety days the Ministry of Economy and Finance and the Ministry of Social Welfare by the Function
p.002014: Executive and the competent bodies of the Judicial Function, will proceed to adopt the pertinent measures to
p.002014: compliance with these provisions.
p.002014: Seventh.- The National Council of the Judiciary will take all necessary measures for the full application of these
p.002014: provisions, as well as to organize, appoint and integrate the Courts for Children and Adolescents and
p.002014: technical offices within sixty days after publication in the Official Register of this Code.
p.002014: Eighth.- All magistrates, officials, employees and workers, who have or will assume
p.002014: Responsibilities related to the application of this Code in the Judicial Function must be
p.002014: duly trained, for which purpose, the National Judicial Council will coordinate with the organizations
p.002014: relevant public and private.
p.002014: Ninth.- The National Council for Children and Adolescents must conform according to this Code and
p.002014: come into operation within a maximum period of ninety days from the publication of this Organic Law in
p.002014: the Official Registry, for which the competent bodies will take the necessary measures for its effective
p.002014: compliance.
p.002014: Tenth.- The different organisms and institutions within the scope of their competence will adopt all the measures
p.002014: and will implement the necessary mechanisms for its organization and operation in accordance with
p.002014: this Code within a maximum period of eighteen months from the publication of this Code in the Official Registry,
p.002014: with the exception of the provisions regarding the integration and operation of the National Council for Children and Adolescents
p.002014: and the formation and operation of the Specialized Justice for Children and Adolescents that
p.002014: subject to the aforementioned deadlines.
p.002014: All the people who participate in the organisms of the System must receive refresher courses and
p.002014: specialization in this Code, which will include its principles, foundations, contents and procedures.
p.002014: Eleventh.- For the resolution of the causes that were in knowledge of the judicial service of
p.002014: minors prior to the entry into force of this code, will be subject to the provisions of the
...
Social / parents
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p.000069: develop, strengthen and recover their identity and spiritual, cultural, religious, linguistic values,
p.000069: political and social and to be protected against any type of interference that is intended to replace, alter
p.000069: or decrease these values.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 21, 57
p.000069: Art. 35.- Right to identification.- Boys and girls have the right to be registered
p.000069: immediately after birth, with the corresponding paternal and maternal surnames. The State will guarantee
p.000069: the right to identity and identification through a Civil Registry service with agile procedures,
p.000069: free and easy to obtain identity documents.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 708
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69
p.000069: Art. 36.- Norms for identification.- In the live birth certification, which must be issued under the
p.000069: responsibility of the public or private health center or institution that attended the birth, the
p.000069: fingerprint identification of the mother and plantar identification of the newborn or newborn boy or girl. In cases of
p.000069: late registration, the fingerprint of the child or adolescent must be registered in the respective file.
p.000069: When the identity of one of the parents is unknown, the child or adolescent will bear the surnames of the
p.000069: parent who registers it, without prejudice to the right to obtain legal recognition
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 8
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: from the other parent.
p.000069: If the identity or address of both parents is unknown, the child or adolescent
p.000069: will register by judicial or administrative order, with two names and two surnames in common use in the country. Will be respected
p.000069: the name by which it has been known and your opinion will be taken into account when possible. Registration may be
p.000069: requested by the person in charge of the protection program in charge of the child or by the Protection Board of
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
...
p.000069: comprehensive, defense of children's rights and guarantees in accordance with the Constitution and the law.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46, 69
p.000069: Art. 106.- Rules to entrust the exercise of parental authority.- To entrust parental authority in cases
p.000069: provided for in article 325 of the Civil Code, the Judge, after hearing the adolescent, the boy or girl who are in
p.000069: conditions to express their opinion will observe the following rules:
p.000069: 1.- What the parents agree will be respected as long as this does not harm the rights of the son or daughter;
p.000069: 2.- In the absence of agreement of the parents or if what is agreed by them is inconvenient for the best interest of the
p.000069: son or daughter of a family, the parental authority of those who have not reached twelve years of age will be entrusted to the mother,
p.000069: Unless it is proven that this damages the rights of the son or daughter;
p.000069: 3.- In the case of sons or daughters who have completed twelve years, parental authority will be entrusted to
p.000069: parent who shows greater emotional stability and psychological maturity and who are in better
p.000069: conditions to give the sons and daughters the dedication they need and a stable family environment for their
p.000069: integral development;
p.000069: 4.- If both parents demonstrate the same conditions, the mother will be preferred, provided that it does not affect the interest
p.000069: superior of the son or daughter;
p.000069: 5.- In no case will this power be entrusted to the father or mother who is in any of the causes of
p.000069: deprivation referred to in article 113; and,
p.000069: 6.- In case of lack or inability of both parents to exercise parental authority, the Judge will appoint
p.000069: a tutor according to the general rules.
p.000069: The opinion of sons and daughters under the age of twelve will be valued by the Judge, considering the degree of development of
p.000069: who issues it. That of adolescents will be mandatory for the Judge, unless it is manifestly harmful to
p.000069: its integral development.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 304, 305, 306, 307
p.000069: Art. 107.- Exercise of parental authority in case of subsequent recognition.- The recognition
p.000069: the son's or daughter's right gives the right to exercise parental authority.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 63, 247, 252
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 64
p.000069: Article 108.- Suspension of legal representation due to conflict of interest.- Representation is suspended
p.000069: legal in the case of acts, contracts or lawsuits in which there are or may exist conflicting interests
p.000069: between the son or the daughter and who or those who exercise it. In these cases, the parent or
p.000069: mother who is not in conflict of interest, or the special conservator appointed by the Judge if the interest
p.000069: disables them both.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 303, 304, 305, 306, 307
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 28
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 109.- Authorization to leave the country.- Ecuadorian and foreign children and adolescents
p.000069: Residents in Ecuador who travel outside the country with one of their parents must have the authorization of the
p.000069: other.
p.000069: In case they travel alone or with third parties, they require the authorization of both parents, unless one of them
p.000069: be deprived of parental authority; or failing that, with the authorization of the Judge.
p.000069: When traveling alone or in the company of third parties, the departure authorization must state the reason for the
p.000069: travel, the time they will remain outside the country and the precise place of their residence abroad. If it's about
p.000069: departure for a period of more than six months, the authority that issued the authorization will immediately place it in
p.000069: knowledge of the Ministry of Foreign Affairs that must permanently control the location, activities
p.000069: and general state of the children and adolescents who have left the country in these conditions.
p.000069: No authorization is required when traveling in the company of the two parents or one of them has
p.000069: the authorization of the other being recorded in a public document and duly authenticated if it has been granted in
p.000069: foreignXcountry.
p.000069: Art. 110.- Ways to grant the exit authorization.- The parent (s) may grant the
p.000069: authorization referred to in the previous article before the Judge or a Notary Public.
p.000069: In cases of refusal, absence or incapacity of the father or mother, the other may request it from the Judge, who
p.000069: will grant or deny, with knowledge of the cause, within a period not exceeding fifteen days.
p.000069: Art. 111.- Limitation of parental authority.- When advised by the best interests of the son or daughter, the Judge may
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
p.000069: 5. Alcoholism and dependence on narcotic or psychotropic substances, which endanger development
p.000069: integral of the son or daughter; and,
p.000069: 6. When inciting, causing or allowing the minor to execute acts that violate his physical or moral integrity.
p.000069: Once the cause that motivated the suspension has disappeared, the affected parent may request the Judge to
p.000069: restitution of parental authority.
p.000069: Parental authority with respect to one of the parents suspended; will be exercised by the other who does not
p.000069: find disabled. If both are, a guardian will be given to the son or daughter.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
p.000069: 5. Manifests lack of interest in maintaining with the son or daughter the parental relationships essential for their
p.000069: integral development, for a period of more than six months;
p.000069: 6. Serious or repeated breach of the duties imposed by parental authority; and,
p.000069: 7. Allow or induce begging of the son or daughter.
...
p.000069: girl or teenager, if necessary. No jurisdiction will be recognized that prevents or hinders the
p.000069: compliance with the resolution.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 924, 925
p.000069: Art. 121.- Recovery of the son or daughter.- When a boy, girl or adolescent has been taken to
p.000069: foreigner in violation of the provisions of this Code and judicial decisions on
p.000069: exercise of parental authority and tenure, the competent State agencies shall arbitrate
p.000069: immediately all the necessary measures for his return to the country. For the same effect, the Judge will exhort the
p.000069: competent judges of the state where the child or
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 31
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Teen.
p.000069: TITLE IV
p.000069: OF THE RIGHT TO VISITS
p.000069: Art. 122.- Obligation.- In all cases in which the Judge entrusts the possession or exercise of parental authority to
p.000069: one of the parents must regulate the regime of visits that the other may make to the son or daughter.
p.000069: When a protection measure has been decreed in favor of the son or daughter due to physical violence,
p.000069: psychological or sexual, the judge may deny the visitation regime with respect to the aggressor parent, or regulate visits
p.000069: in a directed manner, according to the severity of the violence. The Judge will consider this limitation when there is intra violence
p.000069: - family. The measures taken will seek to overcome the causes that determined the suspension.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272
p.000069: Art. 123.- How to regulate the visitation regime.- For the fixing and modifications of the visitation regime, the Judge
p.000069: The provisions of rule No. 1 of article 106 and the final paragraph of said article shall apply.
p.000069: If there is no agreement between the parents or the relatives requesting the fixation, or if the agreement to which
p.000069: have arrived is inconvenient for the rights of the son or daughter, the judge will regulate the visits taking into account:
p.000069: 1. If it is a parent, the way in which the parent has fulfilled his parental obligations; and,
p.000069: 2. The technical reports they deem necessary.
p.000069: Art. 124.- Extension.- The Judge will extend the regime of visits to ascendants and other blood relatives until
p.000069: the fourth degree of the collateral line, under the conditions contemplated in this title. You can also
p.000069: Do it with respect to other people, relatives or not emotionally linked to the child or adolescent.
p.000069: Art. 125.- Undue retention of the son or daughter.- The father, the mother or any person who unduly retains the
p.000069: son or daughter whose parental authority, possession or guardianship have been entrusted to another, or who hinders the
p.000069: visits, may be judicially required to deliver it immediately to the person who must have it and
p.000069: will be obliged to compensate the damages caused by the undue retention, including the expenses caused by the
p.000069: requirement and restitution.
p.000069: If the requested does not comply with the order, the Judge will decree personal compulsion against him, without
p.000069: prejudice to order, without the need for a prior resolution, the search of the property in which
p.000069: finds or is supposed to find the son or daughter, to achieve recovery.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 272
p.000069: CIVIL PROCEDURE CODE, Arts. 925, 928
p.000069: TITLE V
p.000069: OF THE RIGHT TO FOOD
p.000069: Note: Title with its respective articles replaced by Law No. 00, published in Official Gazette Supplement 643 of
p.000069: July 28, 2009.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 32
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CHAPTER I
p.000069: Food law
...
p.000069: in the exercise of guardianship they are living with children and adolescents who are holders of the right
p.000069: of alimony, no subsidiaries of the alimony will be liable.
p.000069: Art. 8.- Moment from which the maintenance is due.- The maintenance is due from the
p.000069: presentation of the demand. The increase is due from the presentation of the corresponding
p.000069: incident, but its reduction is required only from the date of the resolution that declares it.
p.000069: Art. 9.- Provisional fixation of the alimony. - With the qualification of the claim, the Judge will fix a
p.000069: provisional pension according to the Table of Minimum Alimony that based on the criteria
p.000069: provided for in this law, will prepare the Ministry in charge of economic and social inclusion matters, without
p.000069: notwithstanding that at the hearing, the Judge takes into account the agreement of the parties, which in no case
p.000069: It may be less than what is established in the aforementioned table.
p.000069: When the filiation has not been established, or the relationship in the case of the other relatives
p.000069: consanguineous, the Judge will order the comparative examination in the order to classify the claim
p.000069: of deoxyribonucleic acid (DNA) band or sequence patterns, without impairing binding
p.000069: provisional food.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 34
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 10.- Obligation of the alleged parent.- The Judge will fix the alimony in favor of the boy, girl or
p.000069: adolescent to a person whose affiliation or kinship in the case of other blood relatives does not
p.000069: It has been legally established, in accordance with the following rules:
p.000069: a) In the event of a refusal by the defendant or defendant to submit to scientific DNA tests
p.000069: that the Judge provides, the filiation or kinship relationship will be presumed in fact in the case of
p.000069: other blood relatives, with food and in the same providence the pension will be established
p.000069: provisional, which will be required from the filing of the demand.
p.000069: b) If the result of the DNA test is positive, the Judge will declare the filiation and the corresponding paternity or
p.000069: maternity and will order the registration of the respective Resolution in which it declares it in the Civil Registry; wave
p.000069: kinship relationship in the case of other blood relatives. In the same providence will set the pension
p.000069: definitive maintenance, which will be required from the filing date of the demand.
p.000069: c) If the defendant or defendant founds his refusal to practice DNA testing in the
p.000069: Circumstance lacking resources to defray it, the Judge will order that the Ministry of Public Health, to
p.000069: Through a Genetic Research Unit, take the DNA test for free.
p.000069: The demonstration of the lack of resources of the alleged father, mother or blood relative will be admitted.
p.000069: obliged to bear the expenses demanded by the DNA examination, as well as the procedural costs and expenses of the study
p.000069: social, when the study of the technical office proves said particular and in accordance with the test that is
p.000069: act in the respective hearing.
p.000069: DNA testing of the unborn child is prohibited; however it can be done on deceased people,
p.000069: when it is necessary to establish the parent-child relationship.
p.000069: Art. 11.- Conditions for DNA testing.- The comparative examination will have probative value in court.
p.000069: of deoxyribonucleic acid (DNA) band or sequence patterns practiced by specialized laboratories
p.000069: public and private, that have qualified experts by the Prosecutor's Office. In the case of laboratories
p.000069: Private must have the operating permit of the Ministry of Public Health.
p.000069: The identity of the person to whom the sample belongs will be verified by means of the identity card
p.000069: or citizenship or passport or any other mechanism that reliably ensures the identity of the person
p.000069: and, the registration of your fingerprint. Identification and sampling will be done in the presence of the authority that the
p.000069: orders or its delegate, the expert and the parties or those who represent them.
p.000069: DNA test results are confidential. All movement of the sample must be registered with
p.000069: indication of the date, time and the name and identification of the people who intervened. The Judge may
p.000069: arrange for police assistance, the intervention of medical lawyers or other experts at the request of the party
p.000069: interested, to ensure the authenticity and reliability of the taking of samples, their examination, custody and
p.000069: transport.
p.000069: Art. 12.- Responsibility of the experts.- The experts will be administrative, civil and criminal
p.000069: responsible for the procedures and methodology, false or adulterated results of the tests they perform and
...
p.000069: through the deposit of a sum of money that must be made in advance monthly payments,
p.000069: within the first five days of each month, and, in the case of subsidies and additional benefits, on the date indicated
p.000069: for the effect; in the account indicated for it, whose deposit certificate will constitute proof for
p.000069: demonstrate the payment or lack of in favor of the beneficiary / or of who legally represents it.
p.000069: In addition, payment of alimony and subsidies and additional benefits of
p.000069: as follows:
p.000069: a) The constitution of usufruct rights, the receipt of a rental pension or other similar mechanism,
p.000069: that ensure income or other fruits sufficient for the due provision of food of the beneficiary; and,
p.000069: b) The direct payment or satisfaction by the obligor of the beneficiary's needs that
p.000069: determine the Judge.
p.000069: In the case of usufruct or the perception of the rental income from real estate, the Judge will verify
p.000069: that are not limited by other real or personal rights or affected by embargo,
p.000069: prohibition to alienate or encumber, antichresis or any other encumbrance or contract that affects or may prevent
p.000069: or hinder said enjoyment or perception. The resolution that decrees them will be registered in the Registry of the
p.000069: Property of the canton where the property is located.
p.000069: The beneficiary son or daughter shall not be obliged to prepare an inventory or pay the bond that the law requires the
p.000069: usufructuary.
p.000069: In no case shall the child or adolescent whose custody and care have been entrusted to the other parent be obligated
p.000069: or a third party, to live with the person who is obliged to provide food, on the pretext that it
p.000069: be a form of alimony in kind.
p.000069: Art. 15.- Parameters for the elaboration of the Table of Minimum Alimony Pensions.- The Ministry
p.000069: in charge of economic and social inclusion issues, will define the Minimum Alimony Plan based on
p.000069: the following parameters:
p.000069: a) The basic needs by age of the fed in the terms of the present Law;
p.000069: b) The income and resources of him or the supporters, valued in relation to their ordinary income
p.000069: and extraordinary, expenses typical of their way of life and their direct dependents;
p.000069: c) Structure, distribution of family spending and income of the food and beneficiaries; and,
p.000069: d) Inflation.
p.000069: In no case may the Judge set a lower value than that determined in the Pension Table
p.000069: Minimum Food. However, you may set a higher pension than that established therein, depending
p.000069: of the merit of the evidence presented in the process.
p.000069: The pensions established in the table will be automatically indexed within the first fifteen days
p.000069: of the month of January of each year, considering also the inflation index published by the National Institute of
p.000069: Statistics and Censuses, (INEC) in the month of December of the immediately previous year and in the same percentage in which
p.000069: increase the unified basic remuneration of the worker in general.
p.000069: In cases where the income of the father and mother do not exist or are insufficient to
...
p.000069: required subsidiaries that having been cited with the demand for food, under the provisions of law,
p.000069: have not complied with their payment obligation as provided in this law.
p.000069: Art. 24.- Other precautionary measures for the obligated subsidiaries.- The prohibition of leaving the country like the others
p.000069: Real precautionary measures provided for in this law, will be imposed on the obligated subsidiaries
p.000069: provided they have been legally summoned with the lawsuit and under legal provisions.
p.000069: Art. 25.- Prohibition of leaving the country.- At the request of the party, in the first order, the judge
p.000069: decree without prior notification, the prohibition to leave the national territory, which
p.000069: will immediately notify the National Directorate of Migration.
p.000069: Art. 26.- Real precautionary measures.- In order to ensure the payment of alimony, the Judge may order
p.000069: any of the real constraints contemplated in the Code of Civil Procedure.
p.000069: Art. 27.- Cessation of constraints.- The prohibition to leave the country and the personal constraint referred to in the
p.000069: previous articles may cease if the obligor yields a real or personal guarantee deemed sufficient by the Judge.
p.000069: In the case of personal guarantee, the guarantor or guarantor will be subject to the same responsibilities and may
p.000069: be subjected to the same constraints as the main debtor.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 38
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: All other constraints and disqualifications will only cease with the full payment due and their respective
p.000069: interest, in cash or by certified check.
p.000069: Art. 28.- Other Disabilities.- The parent who is in default in the payment of the food benefit does not
p.000069: You can request that the parental authority of the beneficiary son or daughter be handed over, but you can exercise the right to
p.000069: visits regulated in this Code.
p.000069: Art. 29.- Application of these norms in other trials.- Within trials or processes for intra-family violence,
p.000069: claim of filiation, separation of assets, divorce and in general, in any other procedure
p.000069: in which the law expressly contemplates the possibility of requesting food in favor of children and adolescents,
p.000069: The rules established in this law will be compulsorily applied.
p.000069: Art. 30.- Privileged obligation.- The economic provision of food, has first class privilege and is
p.000069: will prefer to any other obligation.
p.000069: Art. 31.- Interest for late payment.- The default interest rate set by the Central Bank of Ecuador or the entity will be applied.
p.000069: state in charge of doing it, for each day of delay in the payment of the provision of food.
p.000069: Art. 32.- Expiration of the right.- The right to receive maintenance is extinguished by any of the following
p.000069: Causes:
p.000069: 1. For the death of the right holder;
p.000069: 2. For the death of all those obliged to pay; and,
p.000069: 3. For having disappeared all the circumstances that generated the right to payment of maintenance according to this law.
p.000069: Art. 33.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000069: Tenure and parental authority must be processed by separate rope. Forbid the counterclaim.
...
p.000061: preparation, presentation and approval of the report on their physical, psychological, legal, family and social situation and
p.000061: of the declaration of suitability of the adopter.
p.000061: Officials of the Technical Adoption Unit, legal representatives or officials of the entities of
p.000061: Attention or the Judge, who breaches the prohibitions established in this article, will be sanctioned
p.000061: in accordance with this Code, without prejudice to administrative responsibilities,
p.000061: civil and criminal to which there may be.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000061: Art. 167.- Bodies in charge of the administrative phase.- Bodies in charge of the phase
p.000061: administrative are:
p.000061: 1. The Technical Adoption Units of the Ministry of Social Welfare; and,
p.000061: 2. The Family Allowance Committees.
p.000061: Art. 168.- Of the Technical Adoption Units.- Corresponds to the Technical Adoption Units:
p.000061: 1. Prepare or request and approve medical, psychological, legal, family and social reports related to the
p.000061: person to be adopted; and require any extensions or clarifications that are
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 47
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: necessary;
p.000061: 2. Study the adoption applications of the adopter candidates, evaluate the reports on the realization of
p.000061: adoptive parent training courses and declare their suitability;
p.000061: 3. Carry out the matching process provided by the Family Allowance Committees and present the
p.000061: respective reports;
p.000061: 4. Design and execute, directly or through authorized entities, the continuous process of
p.000061: adoptive parent training and post-adoption support services; and,
p.000061: 5. Regulate the procedures to guarantee that the child or adolescent is adopted by the person or persons
p.000061: best suited to your needs, characteristics and conditions. For this purpose, it will establish a system
p.000061: integrated national information that has a registry of the candidates for adopters and a registry of children,
p.000061: girls and adolescents fit for adoption.
p.000061: Any report required in the adoption process must be motivated and commit responsibility
p.000061: solidarity of the Technical Unit of Adoptions and the entity that prepared it.
p.000061: These reports and studies are reserved and must be filed and preserved in order to ensure this
p.000061: character. They can be accessed by the adoptee who has reached the age of eighteen, his adoptive parents and persons
p.000061: legitimized for the action of nullity of the adoption.
p.000061: Art. 169.- Refusal of adoption request.- In case the adoption request is denied by the respective
p.000061: Technical Adoption Unit, the applicant may file an administrative appeal with the Minister
p.000061: of Social Welfare.
p.000061: Art. 170.- Of the Family Allocation Committees.- The Family Allocation Committees will be integrated
p.000061: by three appointed members; two by the Ministry in charge of economic inclusion issues and
p.000061: social and one by the municipal government where each committee has jurisdiction.
...
p.000061: 166 of this Code.
p.000061: If you have doubts about the paternity or maternity of the person or parties, you can order the practice
p.000061: Comparative Examination of Deoxyribonucleic Acid (DNA) Bands or Sequence Patterns
p.000061: of the child or adolescent to be adopted and of those who present themselves as parents. If these
p.000061: The latter refuse Unjustifiably to the practice of the exam, consent will be considered denied. If the negatives
p.000061: are founded on lack of economic resources to cover their costs, the procedure provided in the
p.000061: rule 4 of article 131 of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 16, 24 CIVIL CODE (BOOK I), Arts. 253
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63 CODE OF CIVIL PROCEDURE, Arts. 164
p.000061: Art. 287.- Second instance.- The appeal will be substantiated by the Superior Court Chamber
p.000061: of the District, in a single hearing. The sentence will be pronounced in the manner indicated in article 277.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 273, 274, 323
p.000061: Art. 288.- Additional requirement for international adoptions.- In the case of adoptions
p.000061: international, the file with the documents mentioned in
p.000061: Article 183 of this Code, the report of the Technical Adoption Unit indicated in Article 184,
p.000061: the certificate of assignment and acceptance of the candidates for adopters.
p.000061: Art. 289.- Form of granting consent for adoption.- The parent or parents who wish to give adoption to
p.000061: your son or daughter will submit a request to the Judge of the domicile of the child or adolescent, so that
p.000061: your consent is received. The petition must contain the names, surnames; profession or activity and
p.000061: domicile of the applicants and of the son or daughter whose adoption they consent; and attach the heading of
p.000061: birth of the latter.
p.000061: The Judge will qualify the petition within seventy-two hours after its presentation and
p.000061: will provide for the recognition of the signature and signature of the petitioners. Made the recognition, will point
p.000061: day and time for the hearing that must be held within the fifteen days following the notification of the
p.000061: providence that summons it. At the hearing, the Judge will explain to the applicants the consequences
p.000061: legal and social aspects of the adoption and if these are ratified in your decision, you will receive your consent
p.000061: and will decree a provisional protection measure in favor of the child or adolescent.
p.000061: After the hearing, it will provide that the Technical Adoption Unit, the Specialized Police for Children,
p.000061: Girls or Adolescents and the Technical Office carry out investigations aimed at locating relatives, within
...
Searching for indicator parents:
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p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
p.000069: Art. 8.- Co-responsibility of the State, society and the family.- It is the duty of the State, society and the family,
p.000069: within their respective areas, adopt political, administrative, economic, legislative measures,
p.000069: social and legal that are necessary for full validity, effective exercise, guarantee, protection and
p.000069: enforceability of all children's rights; girls and adolescents.
p.000069: The State and society will formulate and apply social and economic public policies; and they will allocate resources
...
p.000069: is obliged to report it to the competent authority, within a maximum period of forty-eight hours.
p.000069: Art. 18.- Enforceability of rights.- The rights and guarantees that the laws recognize in favor of the boy, girl and
p.000069: adolescent, they are powers whose observance and protection are required of people and organizations
p.000069: responsible for ensuring its effectiveness, in the way that this Code and other laws establish for that purpose.
p.000069: Art. 19.- Sanctions for violation of rights.- Violations of the rights of children and adolescents will be
p.000069: sanctioned in the manner prescribed in this Code and other laws, without prejudice to the corresponding reparation as
p.000069: consequence of civil liability.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000069: Chapter II
p.000069: Survival rights
p.000069: Art. 20.- Right to life.- Children and adolescents have the right to life from their
p.000069: conception. It is the obligation of the State, society and the family to ensure by all means at their disposal, their
p.000069: survival and development.
p.000069: Genetic and medical experiments and manipulations from fertilization of the ovum to the birth of
p.000069: boys, girls and adolescents; and the use of any technique or practice that endangers your life or affects your
p.000069: integrity or comprehensive development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 23, 49
p.000069: Art. 21.- Right to know the parents and maintain relationships with them.- Children and adolescents have
p.000069: right to know their father and mother, to be cared for by them and to maintain permanent affective relationships,
p.000069: personal and regular with both parents and other relatives, especially when they are
p.000069: separated by any circumstance, except that the
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 4
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: coexistence or relationship affect their rights and guarantees.
p.000069: They will not be deprived of this right due to lack or scarcity of economic resources of their parents.
p.000069: In cases of ignorance of the whereabouts of the father, mother, or both, the State, relatives and others
p.000069: People who have information about it, must provide it and offer the facilities to locate them.
p.000069: Art. 22.- Right to have a family and family coexistence.- Children and adolescents have the right to
p.000069: live and develop in your biological family. The State, society and the family must adopt as a priority
p.000069: appropriate measures that allow their permanence in said family.
p.000069: Exceptionally, when this is impossible or contrary to their best interests, children and adolescents
p.000069: they have the right to another family, in accordance with the law.
p.000069: In all cases, the family must provide them with a climate of affection and understanding that allows respect for their
p.000069: rights and their integral development.
p.000069: Institutional fostering, preventive detention, deprivation of liberty or any other
p.000069: A solution that distracts them from the family environment, should be applied as the last and exceptional measure.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67, 69
...
p.000069: The sale of narcotic drugs, psychotropic substances and others that may cause addiction is prohibited.
p.000069: alcoholic beverages, industrial glues, tobacco, firearms and explosives of any kind, to
p.000069: boys, girls and adolescents.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 43, 45, 46, 360, 362, 363
p.000069: Art. 28.- Responsibility of the State in relation to this right to health.- They are obligations of the State, which
p.000069: through the Ministry of Health:
p.000069: 1. Prepare and implement the policies, plans and programs that favor the enjoyment of the right
p.000069: contemplated in the previous article;
p.000069: 2. Promote the initiatives necessary to expand the coverage and quality of health services, particularly
p.000069: primary health care; and will take appropriate measures to combat maternal and infant mortality,
p.000069: child malnutrition and diseases that affect the child population;
p.000069: 3. Promote interdisciplinary action in the study and early diagnosis of delays in
p.000069: development, so that they receive the appropriate treatment and stimulation;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 6
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 4. Guarantee the provision of free medicine for children and adolescents;
p.000069: 5. Control the application of the complete vaccination schedule;
p.000069: 6. Develop educational programs for parents and other caregivers of children,
p.000069: girls and adolescents, to provide instruction in the basic principles of their health and nutrition, and in the advantages
p.000069: environmental hygiene and sanitation; and,
p.000069: 7. Organize specific care services for children and adolescents with physical, mental or
p.000069: sensory.
p.000069: Art. 29.- Obligations of the parents.- Corresponds to the parents and other persons in charge of the
p.000069: care of children and adolescents, provide health care that is within their reach and ensure the
p.000069: compliance with prescriptions, controls and medical and health provisions.
p.000069: Art. 30.- Obligations of health establishments.- Public and private health establishments,
p.000069: whatever their level, they are required to:
p.000069: 1. Provide emergency medical services to all children and adolescents who require them, without demanding payment
p.000069: advance or guarantees of any nature. This attention cannot be denied on the pretext of absence
p.000069: of the legal representative, the lack of financial resources, the lack of space, the cause or origin of the emergency or
p.000069: another similar circumstance;
p.000069: 2. Inform about the health status of the child or adolescent, their parents or
p.000069: representatives;
p.000069: 3. Maintain individual records stating the care and monitoring of pregnancy, childbirth and the puerperium; and
p.000069: updated records of the mother's personal data, permanent address and family references;
p.000069: 4. Identify newborns immediately after delivery, by registering their
p.000069: fingerprints and plantar prints and the mother's first name, last name, age and fingerprint; and
p.000069: issue the corresponding legal certificate for immediate registration in the Civil Registry;
p.000069: 5. Inform the parents in a timely manner of the legal requirements and procedures for the child's enrollment.
p.000069: or girl in the Civil Registry;
p.000069: 6. Guarantee the safe permanence of the newborn with his mother, until both are in
p.000069: health conditions that allow them to subsist safely outside the establishment;
p.000069: 7. Diagnosis and medical follow-up of children born with pathological problems or
p.000069: disabilities of any kind;
p.000069: 8. Inform the parents in a timely manner about the ordinary and special care they must provide to the newborn
p.000069: born, especially to children who have been found to have a disability;
p.000069: 9. Encourage the child to be fed through breastfeeding, at least until the first year of
p.000069: lifetime;
p.000069: 10. Provide a warm and quality treatment compatible with the dignity of the child and adolescent;
p.000069: 11. Immediately report to the authorities and competent bodies the cases of children and adolescents with
p.000069: signs of sexual abuse or abuse; and those in which the identity or address of
p.000069: The parents;
p.000069: 12. Collect and retain evidence of sexual abuse or maltreatment; and,
p.000069: 13. Inform the competent authorities when children with evident disabilities are born.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 362, 365
p.000069: Art. 31.- Right to social security.- Children and adolescents have the right to security
p.000069: Social. This right consists of effective access to the general benefits and benefits of the system,
p.000069: in accordance with the law.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 7
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3. 4
p.000069: Art. 32.- Right to a healthy environment.- All children and adolescents have the right to live in a
p.000069: healthy, ecologically balanced and pollution-free environment that guarantees your health, safety
p.000069: food and integral development.
p.000069: The Central Government and the sectional governments will establish clear and precise policies for the
p.000069: conservation of the environment and the ecosystem.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 15, 66, 397, 414
p.000069: Chapter III
p.000069: Development-related rights
p.000069: Art. 33.- Right to identity.- Children and adolescents have the right to identity and the elements
p.000069: that constitute it, especially the name, nationality and family relationships, in accordance with
p.000069: the law.
...
p.000069: Art. 34.- Right to cultural identity.- Children and adolescents have the right to keep,
p.000069: develop, strengthen and recover their identity and spiritual, cultural, religious, linguistic values,
p.000069: political and social and to be protected against any type of interference that is intended to replace, alter
p.000069: or decrease these values.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 21, 57
p.000069: Art. 35.- Right to identification.- Boys and girls have the right to be registered
p.000069: immediately after birth, with the corresponding paternal and maternal surnames. The State will guarantee
p.000069: the right to identity and identification through a Civil Registry service with agile procedures,
p.000069: free and easy to obtain identity documents.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 708
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69
p.000069: Art. 36.- Norms for identification.- In the live birth certification, which must be issued under the
p.000069: responsibility of the public or private health center or institution that attended the birth, the
p.000069: fingerprint identification of the mother and plantar identification of the newborn or newborn boy or girl. In cases of
p.000069: late registration, the fingerprint of the child or adolescent must be registered in the respective file.
p.000069: When the identity of one of the parents is unknown, the child or adolescent will bear the surnames of the
p.000069: parent who registers it, without prejudice to the right to obtain legal recognition
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 8
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: from the other parent.
p.000069: If the identity or address of both parents is unknown, the child or adolescent
p.000069: will register by judicial or administrative order, with two names and two surnames in common use in the country. Will be respected
p.000069: the name by which it has been known and your opinion will be taken into account when possible. Registration may be
p.000069: requested by the person in charge of the protection program in charge of the child or by the Protection Board of
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
p.000069: be registered with proper names of the respective language. The Civil Registry authorities have the obligation to
p.000069: register these names without any limitation or objection.
p.000069: Matches:
...
p.000069: Law demands an educational system that:
p.000069: 1. Guarantee the access and permanence of all boys and girls to basic education, as well as
p.000069: adolescent through high school or its equivalent;
p.000069: 2. Respect the cultures and specificities of each region and place;
p.000069: 3. Consider flexible and alternative educational proposals to meet the needs of all
p.000069: Children and adolescents, with priority for those who have disabilities, work or live in a situation that requires
p.000069: greater opportunities to learn;
p.000069: 4. Ensure that children and adolescents have teachers, teaching materials, laboratories,
p.000069: adequate premises, facilities and resources and enjoy a favorable environment for learning. This right includes
p.000069: effective access to initial education from zero to five years, and therefore programs will be developed and
p.000069: flexible and open projects, adapted to the cultural needs of the students; and,
p.000069: 5. To respect the ethical, moral and religious convictions of the parents and of the children and adolescents themselves.
p.000069: Public education is secular at all levels, compulsory until the tenth year of basic education and free
p.000069: up to high school or its equivalent.
p.000069: The State and the pertinent organisms will assure that the educational establishments offer services with equity,
p.000069: quality and opportunity and that the right of parents to choose the education that is guaranteed is also guaranteed
p.000069: the more it suits your sons and your daughters.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 28, 45, 66
p.000069: Art. 38.- Objectives of education programs.- Basic and secondary education will ensure knowledge, values ​​and
p.000069: indispensable attitudes for:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 9
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: a) To develop the personality, the aptitudes and the mental and physical capacity of the boy, girl and
p.000069: adolescent to his full potential, in a playful and emotional environment;
p.000069: b) Promote and practice peace, respect for human rights and fundamental freedoms, non-discrimination,
p.000069: tolerance, valuation of diversities, participation, dialogue, autonomy and cooperation;
p.000069: c) Exercise, defend, promote and disseminate the rights of children and adolescents;
p.000069: d) Prepare him to exercise a responsible citizenship, in a free, democratic and solidary society;
p.000069: e) Guide him on the role and responsibility of the family, the equity of his internal relationships, fatherhood and
p.000069: responsible motherhood and health preservation;
p.000069: f) Strengthen respect for their parents and teachers, for their own cultural identity, their language, their values, for
p.000069: national values ​​and those of other peoples and cultures;
p.000069: g) To develop autonomous, critical and creative thinking;
p.000069: h) Training for productive work and for the management of scientific and technical knowledge;
p.000069: and,
p.000069: i) Respect for the environment.
p.000069: Art. 39.- Rights and duties of parents in relation to the right to education.- They are rights and
p.000069: Duties of parents and other responsible for children and adolescents:
p.000069: 1. Enroll them in educational establishments;
p.000069: 2. Select for your children an education according to their principles and beliefs;
p.000069: 3. Actively participate in the development of educational processes;
p.000069: 4. Control the attendance of their sons, daughters or those represented at educational establishments;
p.000069: 5. Actively participate to improve the quality of education;
p.000069: 6. Ensure the maximum use of the educational means provided by the State and society;
p.000069: 7. Monitor the respect of the rights of their sons, daughters or those represented on campus
p.000069: educational; and,
p.000069: 8. Report violations of these rights, to which they are aware.
p.000069: Art. 40.- Disciplinary measures.- Teaching practice and discipline in educational establishments
p.000069: they will respect the rights and guarantees of children and adolescents; will exclude all forms of abuse,
p.000069: mistreatment and devaluation, therefore, any form of cruel, inhuman and degrading punishment.
p.000069: Art. 41.- Sanctions prohibited.- Educational establishments are prohibited from applying:
p.000069: 1. Corporal sanctions;
p.000069: 2. Psychological sanctions threatening the dignity of children and adolescents;
p.000069: 3. Collective sanctions are prohibited; and,
p.000069: 4. Measures that imply exclusion or discrimination due to a student's personal condition,
p.000069: their parents, legal representatives or those who have them in their care. Included in this prohibition are
p.000069: discriminatory measures due to pregnancy or maternity of an adolescent. No child or adolescent is
p.000069: You can deny registration or expel due to the condition of your parents.
p.000069: In any procedure aimed at establishing the responsibility of a child or adolescent for an act of
p.000069: indiscipline in an educational establishment, the right to defense of the student and their parents or
p.000069: representatives.
p.000069: Any form of sexual assault in educational establishments will be brought to the attention of the Agent
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
p.000069: that correspond in the educational field.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 10
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 42.- Right to education of children and adolescents with disabilities.- Children and adolescents
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
p.000069: Art. 43.- Right to cultural life.- Children and adolescents have the right to participate
p.000069: freely in all expressions of cultural life.
p.000069: In the exercise of this right they can access any public show that has been qualified
...
p.000069: Public shows suitable for children and adolescents will enjoy a special regime regarding
p.000069: taxes and fiscal and municipal contributions, which will be regulated by the respective authorities. Whether
p.000069: have organized exclusively for the benefit of protection establishments, they will enjoy tax exemption.
p.000069: In the shows referred to in the previous article, they will be admitted free of charge and
p.000069: children and adolescents belonging to protection establishments are compulsory.
p.000069: The companies responsible for the shows must offer the necessary safeguards and guarantee the
p.000069: measures in case of accident.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Chapter IV
p.000069: Protection rights
p.000069: Art. 50.- Right to personal integrity.- Children and adolescents have the right to have their
p.000069: personal, physical, psychological, cultural, emotional and sexual integrity. They may not be subjected to torture,
p.000069: cruel and degrading treatment.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 51.- Right to personal liberty, dignity, reputation, honor and image.- Children and adolescents have
p.000069: right to respect:
p.000069: a) Your freedom, with no limitations other than those established by law. Parents and those responsible for their care
p.000069: they will guide them in the exercise of this right; and,
p.000069: b) Their dignity, self-esteem, honor, reputation and self-image. They should be provided with warm and good relationships
p.000069: treatment based on the recognition of their dignity and respect for differences.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 13
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 52.- Prohibitions related to the right to dignity and image. It's prohibited:
p.000069: 1. The participation of children and adolescents in programs, advertising messages, in productions of
p.000069: pornographic content and in shows whose content is inappropriate for their age;
p.000069: 2. The use of children or adolescents in programs or shows of political proselytizing or
p.000069: religious;
p.000069: 3. The publication or exhibition of news, reports, chronicles, life stories or any other
p.000069: journalistic expression with the image or proper names of children or adolescents who have been victims of abuse or
p.000069: abuse;
p.000069: 4. The publication or exhibition of images and recordings or written references that allow the
p.000069: identification or identification of a child or adolescent who has been the victim of mistreatment, abuse
p.000069: sexual or criminal offense, and any other reference to the environment in which they take place; and,
p.000069: 5. The publication of the name, as well as the image of minors accused or sentenced for crimes or misdemeanors.
p.000069: Even in cases permitted by law, the image of a teenager may not be used publicly.
p.000069: over fifteen years of age, without your express authorization; nor that of a child or adolescent under that age, without the
p.000069: authorization from your legal representative, who will only give it if you do not harm the rights of your client.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000069: Art. 53.- Right to privacy and inviolability of the home and forms of communication.- Without prejudice to the
p.000069: natural monitoring of parents and teachers, children and adolescents have the right to be
p.000069: respect the intimacy of your private and family life; and the privacy and inviolability of your home, correspondence
p.000069: and telephone and electronic communications, in accordance with the law.
p.000069: Arbitrary or illegal interference with your privacy is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
p.000069: require; and the provision of early stimulation, rehabilitation, preparation for
p.000069: work, recreation and other necessary activities, which will be free for children and adolescents whose
p.000069: parents or caregivers are unable to pay for them.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46, 47
p.000069: Art. 56.- Right of children of persons deprived of liberty.- Children; girls and adolescents who do not enjoy
p.000069: of their family environment because one or both parents are deprived of their liberty, they must receive
p.000069: special protection and assistance from the State, outside the rehabilitation centers, through modalities
p.000069: of care that ensure their right to family and community coexistence and to direct personal relationships and
p.000069: regular with their parents.
p.000069: Art. 57.- Right to special protection in cases of disasters and armed conflicts.- Boys, girls and
p.000069: adolescents have the right to special protection in cases of natural disasters and armed conflict
p.000069: internal or international. This protection will be expressed, among other measures, in the priority provision of means of
p.000069: evacuation of affected areas, accommodation, food, medical care and medicines.
p.000069: The State guarantees unrestricted respect for the rules of international humanitarian law in favor of
p.000069: the children and adolescents referred to in this article; and will assure the resources, means and mechanisms
p.000069: so that they reintegrate into social life with the fullness of their rights and duties.
p.000069: It is prohibited to recruit or allow the direct participation of children and adolescents in internal armed hostilities.
p.000069: and international.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 42, 46
p.000069: Article 58.- Right of refugee children and adolescents.- Children and adolescents who request or
p.000069: Those who have been granted refugee status have the right to receive humanitarian protection and assistance
p.000069: necessary for the full enjoyment of your rights. The same right assists their parents and people
p.000069: in charge of your care.
p.000069: Chapter v
p.000069: Participation rights
p.000069: Art. 59.- Right to freedom of expression.- Children and adolescents have the right to
p.000069: express themselves freely, to seek, receive and disseminate information and ideas of all kinds, orally, in writing or
p.000069: any other means they choose, with the only restrictions imposed by law, public order, health or
p.000069: public morals to protect the security, rights and fundamental freedoms of others.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 18, 66
p.000069: Art. 60.- Right to be consulted.- Children and adolescents have the right to be
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 15
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p.000069: consulted on all matters that affect them. This opinion will be taken into account to the extent of their age and maturity.
p.000069: No child or adolescent may be forced or pressured in any way to express their opinion.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 61
p.000069: Art. 61.- Right to freedom of thought, conscience and religion.- The State guarantees, in favor of children,
p.000069: girls and adolescents, the freedoms of thought, conscience and religion, subject to limitations
p.000069: prescribed by law and necessary to protect the security, fundamental rights and freedoms of
p.000069: the rest.
p.000069: It is the right and duty of the parents and other persons in charge of their care, to guide the child
p.000069: or adolescent for the proper exercise of this right, according to their evolutionary development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 62.- Right to freedom of assembly.- Children and adolescents have the right to assemble publicly and
p.000069: peacefully for the promotion, defense and exercise of your rights and guarantees.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 63.- Right of free association.- Children and adolescents have the right to freely associate with
p.000069: lawful purposes. This right includes the possibility of adolescents to form associations without ends
p.000069: of profit, according to the law.
p.000069: The State will guarantee and promote the exercise of this right; mainly in terms of associations
p.000069: student, cultural, sports, labor and community.
p.000069: Any restriction on the exercise of this right, which is not expressly provided for in the law, is prohibited.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 66
p.000069: Chapter VI
p.000069: Duties, capacity and responsibility of children and adolescents
p.000069: Art. 64.- Duties.- Children and adolescents have the general duties that the Political Constitution imposes on
p.000069: citizens, as long as they are compatible with their condition and evolutionary stage. They are specially obliged to:
p.000069: 1. Respect the Homeland and its symbols;
p.000069: 2. Know the reality of the country, cultivate the national identity and respect its multiculturalism; exercise and defend
p.000069: effectively your rights and guarantees;
p.000069: 3. Respect the rights and individual and collective guarantees of others;
p.000069: 4. Cultivate the values ​​of respect, solidarity, tolerance, peace, justice, equity and democracy;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 16
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p.000069: 5. Fulfill your responsibilities regarding education;
p.000069: 6. Act honestly and responsibly at home and at all stages of the educational process;
p.000069: 7. Respect their parents, teachers and those most responsible for their care and education; and,
p.000069: 8. Respect and contribute to the preservation of the environment and natural resources.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 83
p.000069: Art. 65.- Validity of legal acts.- The legal capacity regarding acts held by children and
p.000069: adolescents will comply with the provisions of the Civil Code, except in the following cases:
p.000069: 1. The acts and contracts of adolescents who have not turned fifteen are relatively null without prejudice to
p.000069: the validity that the law confers for the celebration of certain acts;
p.000069: 2. People who have turned fifteen also have the legal capacity to enter into
p.000069: work according to the rules of this Code; and,
p.000069: 3. To celebrate the acts and contracts that are included in the object of an organization
p.000069: student, labor, cultural, artistic, environmental, sports or neighborhood, of which they are legal representatives or legitimate
p.000069: representatives in the exercise of their right of association and whose amount does not exceed two thousand dollars.
p.000069: Adolescents may directly exercise those legal actions aimed at the exercise and protection of their
p.000069: rights and guarantees. Boys and girls may directly request help for the protection of their rights when
p.000069: they must direct the action against their legal representative.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 82 CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: CIVIL CODE (BOOK IV), Arts. 1453, 1461, 1462, 1463, 1486
p.000069: COMMERCE CODE, Arts. 6, 8, 9, 483 LABOR CODE, Arts. 35
p.000069: Art. 66.- Responsibility of children and adolescents.- Boys and girls are exempt from responsibility
p.000069: legal. For their harmful acts and acts, their parents or guardians will respond civilly in cases and forms.
p.000069: provided for in the Civil Code.
p.000069: Adolescents are responsible for their legal acts and illegal acts, under the terms of this Code. its
p.000069: civil liability for the acts or contracts they enter into will be effective on their professional property
p.000069: or industrial or on the assets of the association that they represent in accordance with the provisions of the previous article,
p.000069: according to the case.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1698, 1702, 2219, 2220, 2221
p.000069: TITLE IV
p.000069: OF THE PROTECTION AGAINST MISTREAT, ABUSE, SEXUAL EXPLOITATION, TRAFFICKING AND LOSS OF CHILDREN AND ADOLESCENTS
p.000069: Art. 67.- Concept of mistreatment.- Abuse is understood as all conduct, of action or omission, that causes or may
p.000069: cause harm to the physical, psychological or sexual integrity or health of a child or adolescent by
p.000069: anyone, including their parents, other relatives,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 17
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p.000069: educators and caregivers; Whatever the means used for the effect, its consequences and
p.000069: the time necessary for the recovery of the victim. The treatment is included in this rating
p.000069: negligent or serious or repeated negligence in fulfilling the obligations towards children and
p.000069: adolescents, relating to the provision of food, nutrition, medical care, education or care
p.000069: newspapers; and its use in begging.
p.000069: Psychological abuse is the one that causes emotional disturbance, psychological alteration or a decrease in self-esteem
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
p.000069: authority or person in charge of the institution or establishment to which it belongs.
p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 28 CIVIL CODE (BOOK I), Arts. 571
p.000069: CIVIL CODE (BOOK IV), Arts. 1464, 1981, 1983, 1998, 2035, 2058, 2064, 2076 LAW AGAINST VIOLENCE OF WOMEN AND
p.000069: FAMILY, Arts. 2, 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. eleven
p.000069: Art. 68.- Concept of sexual abuse.- Without prejudice to the provisions of the Penal Code on the matter,
p.000069: For the purposes of this Code, all physical contact, suggestion of
...
p.000069: childish. Child prostitution is the use of a child or adolescent in sexual activities in exchange for
p.000069: remuneration or any other remuneration. Child pornography is any representation, by any
p.000069: medium, of a boy, girl and adolescent in explicit, real or simulated sexual activities; or your organs
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
p.000069: the delivery or receipt of undue payments or benefits aimed at obtaining the consent of
p.000069: the parents, persons or institution in whose charge the child or adolescent is.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 46
p.000069: Art. 71.- Concept of loss of children or adolescents.- For the purposes of this Code, it is considered
p.000069: loss of children or adolescents, their voluntary or involuntary absence from the home, educational establishment or
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
p.000069: loss that a child or adolescent has been the victim, they must report it within the
p.000069: twenty-four hours after such knowledge before any of the prosecutors, judicial authorities or
p.000069: administrative authorities, including the Ombudsman's Office, as the guarantor of rights
p.000069: fundamental.
p.000069: Art. 73.- Duty of protection in cases of abuse.- It is the duty of all people to intervene in the act to
p.000069: protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and
p.000069: other violations of your rights; and require the immediate intervention of the administrative, community or
p.000069: judicial.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 2 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46
p.000069: Art. 74.- Prevention and policies regarding the matters covered by this title.- The State
...
p.000069: care and of any other kind carried out by any public or private institution, must respect the
p.000069: rights and guarantees of children and adolescents, and to exclude all forms of mistreatment and abuse.
p.000069: Art. 76.- Cultural practices of mistreatment.- It will not be admitted as justification of the practices to which it refers
p.000069: neither this mitigation nor the effect of establishing the consequent responsibilities, the allegation
p.000069: that they constitute training methods or that they are traditional cultural practices.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: Art. 77.- Protection against the illegal transfer and retention of children and adolescents. - The transfer is prohibited.
p.000069: and the retention of children and adolescents when they violate the exercise of parental authority, the
p.000069: visiting regime or the rules on authorization to leave the country.
p.000069: Children and adolescents who have been transferred or held illegally, have the right to be reinstated to
p.000069: their family environment and to enjoy visits from their parents and other relatives in accordance with the provisions of this
p.000069: Code.
p.000069: The State will take all the necessary measures to achieve the family return and reintegration of the child or
p.000069: adolescent who is in the situation provided for in this article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272, 283
p.000069: Art. 78.- Right to protection against other forms of abuse.- Children and adolescents have the right to be
p.000069: provide protection against:
p.000069: 1. The consumption and improper use of alcoholic beverages, tobacco, narcotic drugs and psychotropic substances;
p.000069: 2. Participation in the production, marketing and advertising of the substances and objects to which the
p.000069: numerals 1 and 3;
p.000069: 3. The use of weapons, explosives and substances that endanger his life or personal integrity;
p.000069: 4. Public exposure of their organic or functional diseases or disabilities, to obtain
p.000069: economic benefits; and,
p.000069: 5. Induction to gambling.
p.000069: Art. 79.- Protection measures for the cases provided for in this title.- For the cases provided for in this title and without
p.000069: to the detriment of the general protection measures provided for in this Code and more laws, the authorities
p.000069: Administrative and judicial authorities will order one or more of the following measures:
...
p.000069: international instruments with legal force in the country.
p.000069: Violation of the provisions of the preceding paragraph does not free the employer from complying with labor obligations and
p.000069: social imposed by the employment relationship.
p.000069: The Ministry in charge of Labor Relations, ex officio or at the request of any public entity
p.000069: or private, may authorize minimum ages above the one indicated in the previous paragraph, in accordance with the
p.000069: established in this Code, the law and in the international instruments legally ratified by the
p.000069: Ecuador.
p.000069: Note: Third paragraph amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134, 146, 150
p.000069: Art. 83.- Eradication of child labor.- The State and society must elaborate and execute policies, plans,
p.000069: protection programs and measures aimed at eradicating the work of children and adolescents who do not
p.000069: they are fifteen years old. The family must contribute to the achievement of this objective.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 134
p.000069: Art. 84.- Working day and education.- For no reason the working day of adolescents
p.000069: may exceed six hours a day for a maximum period of five days a week; and will be organized
p.000069: in a way that does not limit the effective exercise of your right to education.
p.000069: The parents of the adolescent who works, those responsible for their care, their employers and the people to
p.000069: Those who carry out a productive activity have the obligation to ensure that they finish their basic education
p.000069: and fulfill their academic duties.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 135, 136, 159
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 39, 46
p.000069: Art. 85.- Register of adolescent workers.- The Ministry of Labor will keep a registry of adolescents who
p.000069: they work by cantons, having to send the information periodically to the cantonal councils of Children and
p.000069: Adolescence.
p.000069: The regulation will establish the way of keeping said register and the data that must be registered.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 147, 148
p.000069: Art. 86.- Exception related to training work carried out as cultural practices.- The limitation
p.000069: of age indicated in article 82 will not be applied to the works considered as ancestral practices
p.000069: training, provided they meet the following conditions.
p.000069: 1. That they respect the adolescent's physical and psychological development, in the sense of being assigned
p.000069: only tasks commensurate with their abilities and evolutionary stage;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 22
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p.000069: 2. That they contribute to the formation and development of adolescent skills and abilities;
p.000069: 3. That they transmit cultural values ​​and norms in harmony with adolescent development; and,
...
p.000069: Art. 94.- Protection measures.- In cases of infringement of the provisions of this title, the judges and
p.000069: competent administrative authorities may order one or more of the following protection measures in favor
p.000069: of the children and adolescents affected, without prejudice to the others contemplated in this Code:
p.000069: 1. The order to separate the child or adolescent from work activity;
p.000069: 2. The insertion of the child or adolescent and / or their family in a protection program; and,
p.000069: 3. The temporary separation of the family environment of the boy, girl, adolescent or aggressor, as the case may be.
p.000069: The necessary measures will be adopted so that the application of these measures does not affect the rights and
p.000069: guarantees for children and adolescents, beyond the restrictions inherent in each of them; and to
p.000069: ensure the daily sustenance of the child or adolescent, in a manner compatible with their right to a decent life.
p.000069: Art. 95.- Sanctions applicable for violation of the provisions relating to work.- Violation of the
p.000069: prohibitions contained in this title, will be repressed with one or more of the following sanctions, without
p.000069: damage to those contemplated in other legal bodies:
p.000069: 1. Reprimand to parents or caregivers of the child or adolescent;
p.000069: and to those who employ them or benefit directly from their work;
p.000069: 2. A fine of fifty to three hundred dollars, if the offenders are the parents or those responsible for the care of the
p.000069: boy, girl or adolescent;
p.000069: 3. A fine of two hundred to one thousand dollars, in the case of the employer or any person who benefits directly or
p.000069: indirectly from the work of the child or adolescent; and,
p.000069: 4. Closure of the establishment where the work is carried out, in case of recidivism.
p.000069: Note: The Ministry in charge of Labor Relations will assume the competence of article 95, numeral 4 of the Code.
p.000069: Childhood and Adolescence. Given by fourth reform provision of Law No. 0, published in the Official Registry
p.000069: Supplement 283 of July 7, 2014.
p.000069: Matches:
p.000069: LABOR CODE, Arts. 148, 156, 628
p.000069: SECOND BOOK
p.000069: THE BOY, GIRL AND ADOLESCENT IN HIS FAMILY RELATIONS
p.000069: TITLE I
p.000069: GENERAL DISPOSITION
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 25
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 96.- Nature of the family relationship.- The family is the basic nucleus of social formation and the environment
p.000069: natural and necessary for the integral development of its members, mainly boys, girls and
p.000069: teenagers. It receives the support and protection of the State so that each of its members can
p.000069: Fully exercise your rights and assume your duties and responsibilities.
p.000069: Its internal legal relations of a non-patrimonial nature are very personal and, therefore,
p.000069: inalienable, non-transferable and non-transferable. Except for the cases expressly provided by law, they are also
p.000069: imprescriptibles.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 67
p.000069: Art. 97.- Protection of the State.- The state protection referred to in the previous article is
p.000069: expressed in the adoption of social policies and the execution of plans, programs and political actions,
p.000069: economic and social resources that assure the family the sufficient resources to fulfill their duties and
p.000069: responsibilities for the integral development of its members, especially children and adolescents.
p.000069: Art. 98.- Biological family.- Biological family is understood as the one formed by the father, the mother, their descendants,
p.000069: ascendants and collaterals up to the fourth degree of consanguinity.
p.000069: Adopted children and adolescents are assimilated to biological children. For all intents and purposes the father and the
p.000069: adoptive mothers are considered as parents.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: Art. 99.- Filiation unit.- All children are equal before the law, the family and society. I know
p.000069: prohibits any indication that establishes differences of affiliation and require statements indicating their
p.000069: modality.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 69
p.000069: Art. 100.- Parental responsibility.- The father and the mother have equal responsibilities in the direction and
p.000069: home maintenance, care, upbringing, education, comprehensive development and protection of rights
p.000069: of their common sons and daughters.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 282, 287, 471, 473
p.000069: Art. 101.- Reciprocal rights and duties of the parental relationship.- Parents and their children owe each other
p.000069: affection, solidarity, relief, respect and the necessary considerations so that each one can realize the rights and
p.000069: attributes inherent in their personhood and fulfill their respective roles and responsibilities within the
p.000069: family and society.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 26
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 102.- Specific duties of parents.- Parents have the general duty to respect,
p.000069: protect and develop the rights and guarantees of their sons and daughters. For this effect they are obliged to provide what
p.000069: adequate to meet their material, psychological, emotional, spiritual and intellectual needs, in the form
p.000069: established by this Code.
p.000069: Consequently, parents must:
p.000069: 1. Provide their sons and daughters with what is necessary to satisfy their material requirements and
p.000069: psychological, in a family environment of stability, harmony and respect;
p.000069: 2. Ensure their education, at least at the basic and intermediate levels;
p.000069: 3. Instill values ​​compatible with respect for the dignity of the human being and the development of social coexistence
p.000069: democratic, tolerant, solidary and participatory;
p.000069: 4. Incentivize in them the knowledge, conscience, exercise and defense of their rights,
p.000069: claim the protection of said rights and their restitution, if applicable;
p.000069: 5. Stimulate and guide their cultural formation and development;
p.000069: 6. Ensure their participation in the decisions of family life, according to their evolutionary degree;
p.000069: 7. Promote the practice of recreational activities that contribute to the family unit, their physical health
p.000069: and psychological;
p.000069: 8. Apply preventive measures compatible with the rights of the child and adolescent; and,
p.000069: 9. Comply with the other obligations indicated in this Code and more laws.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 268, 273, 278 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000069: Art. 103.- Fundamental duties of sons and daughters.- Sons and daughters must:
p.000069: 1. Maintain a responsible and respectful behavior that provides their parents with the appropriate
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
p.000069: in case of illness, during the elderly and when they have a disability that does not allow them
p.000069: fend for themselves; and,
p.000069: 3. Collaborate in household chores, according to their age and development, as long as they do not interfere with their activities
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
p.000069: obligations of parents regarding their non-emancipated sons and daughters, regarding care, education, development
p.000069: comprehensive, defense of children's rights and guarantees in accordance with the Constitution and the law.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46, 69
p.000069: Art. 106.- Rules to entrust the exercise of parental authority.- To entrust parental authority in cases
p.000069: provided for in article 325 of the Civil Code, the Judge, after hearing the adolescent, the boy or girl who are in
p.000069: conditions to express their opinion will observe the following rules:
p.000069: 1.- What the parents agree will be respected as long as this does not harm the rights of the son or daughter;
p.000069: 2.- In the absence of agreement of the parents or if what is agreed by them is inconvenient for the best interest of the
p.000069: son or daughter of a family, the parental authority of those who have not reached twelve years of age will be entrusted to the mother,
p.000069: Unless it is proven that this damages the rights of the son or daughter;
p.000069: 3.- In the case of sons or daughters who have completed twelve years, parental authority will be entrusted to
p.000069: parent who shows greater emotional stability and psychological maturity and who are in better
p.000069: conditions to give the sons and daughters the dedication they need and a stable family environment for their
p.000069: integral development;
p.000069: 4.- If both parents demonstrate the same conditions, the mother will be preferred, provided that it does not affect the interest
p.000069: superior of the son or daughter;
p.000069: 5.- In no case will this power be entrusted to the father or mother who is in any of the causes of
p.000069: deprivation referred to in article 113; and,
p.000069: 6.- In case of lack or inability of both parents to exercise parental authority, the Judge will appoint
p.000069: a tutor according to the general rules.
p.000069: The opinion of sons and daughters under the age of twelve will be valued by the Judge, considering the degree of development of
p.000069: who issues it. That of adolescents will be mandatory for the Judge, unless it is manifestly harmful to
p.000069: its integral development.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 304, 305, 306, 307
p.000069: Art. 107.- Exercise of parental authority in case of subsequent recognition.- The recognition
p.000069: the son's or daughter's right gives the right to exercise parental authority.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 63, 247, 252
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 64
p.000069: Article 108.- Suspension of legal representation due to conflict of interest.- Representation is suspended
p.000069: legal in the case of acts, contracts or lawsuits in which there are or may exist conflicting interests
p.000069: between the son or the daughter and who or those who exercise it. In these cases, the parent or
p.000069: mother who is not in conflict of interest, or the special conservator appointed by the Judge if the interest
p.000069: disables them both.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 303, 304, 305, 306, 307
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 28
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 109.- Authorization to leave the country.- Ecuadorian and foreign children and adolescents
p.000069: Residents in Ecuador who travel outside the country with one of their parents must have the authorization of the
p.000069: other.
p.000069: In case they travel alone or with third parties, they require the authorization of both parents, unless one of them
p.000069: be deprived of parental authority; or failing that, with the authorization of the Judge.
p.000069: When traveling alone or in the company of third parties, the departure authorization must state the reason for the
p.000069: travel, the time they will remain outside the country and the precise place of their residence abroad. If it's about
p.000069: departure for a period of more than six months, the authority that issued the authorization will immediately place it in
p.000069: knowledge of the Ministry of Foreign Affairs that must permanently control the location, activities
p.000069: and general state of the children and adolescents who have left the country in these conditions.
p.000069: No authorization is required when traveling in the company of the two parents or one of them has
p.000069: the authorization of the other being recorded in a public document and duly authenticated if it has been granted in
p.000069: foreignXcountry.
p.000069: Art. 110.- Ways to grant the exit authorization.- The parent (s) may grant the
p.000069: authorization referred to in the previous article before the Judge or a Notary Public.
p.000069: In cases of refusal, absence or incapacity of the father or mother, the other may request it from the Judge, who
p.000069: will grant or deny, with knowledge of the cause, within a period not exceeding fifteen days.
p.000069: Art. 111.- Limitation of parental authority.- When advised by the best interests of the son or daughter, the Judge may
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
p.000069: 5. Alcoholism and dependence on narcotic or psychotropic substances, which endanger development
p.000069: integral of the son or daughter; and,
p.000069: 6. When inciting, causing or allowing the minor to execute acts that violate his physical or moral integrity.
p.000069: Once the cause that motivated the suspension has disappeared, the affected parent may request the Judge to
p.000069: restitution of parental authority.
p.000069: Parental authority with respect to one of the parents suspended; will be exercised by the other who does not
p.000069: find disabled. If both are, a guardian will be given to the son or daughter.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
p.000069: 5. Manifests lack of interest in maintaining with the son or daughter the parental relationships essential for their
p.000069: integral development, for a period of more than six months;
p.000069: 6. Serious or repeated breach of the duties imposed by parental authority; and,
p.000069: 7. Allow or induce begging of the son or daughter.
p.000069: Private one of the parents of parental authority, will exercise the other who is not
p.000069: disabled. If both are, the non-emancipated son will be given a guardian. In the absence of relatives
p.000069: called by law to exercise guardianship either because it does not exist or because they cannot assume it, the Judge will declare in it
p.000069: the decision of deprivation, the adoptability of the child or adolescent.
p.000069: When the behaviors described in this article constitute a crime of public action of official instance,
p.000069: the Judge will send a copy of the file ex officio to the corresponding Prosecutor to initiate the criminal process.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 279, 281, 303, 306, 308, 311, 367, 385
p.000069: Article 114.- Inadmissibility of limiting, suspending or depriving parental authority for economic reasons.- The circumstance of
p.000069: Lack of sufficient financial resources is not causal to limit, suspend or deprive the father or mother
p.000069: of parental authority. Neither will it be done when due to migration motivated by needs
p.000069: economic, the father, the mother or both must temporarily leave the son or daughter in the care of a relative
p.000069: consanguineous throughout the straight line or up to the fourth degree of the collateral line. In this case it can only be suspended
p.000069: parental authority for the purpose of entrusting guardianship to the relative who received the order.
p.000069: Art. 115.- Active legitimation.- They have the action to request the limitation, suspension or deprivation of the homeland.
p.000069: power:
p.000069: 1. The father or mother who is not affected by any of the causes that justify said measures;
p.000069: 2. Relatives up to the fourth degree of consanguinity;
p.000069: 3. The Ombudsman's Office, ex officio or at the request of a party;
p.000069: 4. The Cantonal Rights Protection Board, ex officio or at the request of a party; and,
p.000069: 5. The legal representatives or directors of the care entities in which a child or
p.000069: Teen.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 305, 306
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 116.- Protection measures.- In the same resolution that orders the deprivation, suspension or
p.000069: limitation of parental authority, the judge will order one or more protection measures for the child or adolescent and
p.000069: their parents, in order to favor the circumstances that justify a subsequent restitution of this
p.000069: power.
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p.000069: Art. 117.- Restitution of parental authority.- The Judge, at the request of a party, can restitute the fatherland
p.000069: power in favor of one or both parents, as the case may be, if there is sufficient evidence
p.000069: that if the circumstances that caused their deprivation, limitation or
p.000069: suspension.
p.000069: To order restitution, the Judge must previously hear the person who requested the measure and in any case the son or daughter of
p.000069: according to its evolutionary development.
p.000069: The Judge may also, considering the circumstances of the case, substitute the deprivation or the suspension for the limitation of
p.000069: parental authority, complying with the provisions of the two preceding paragraphs.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 275, 279, 281
p.000069: TITLE III
p.000069: OF THE TENURE
p.000069: Art. 118.- Provenance.- When the Judge deems more convenient for the integral development of the son or daughter of the family,
p.000069: entrust their care and upbringing to one of the parents, without altering the joint exercise of parental authority,
p.000069: It will entrust its tenure following the rules of article 106.
p.000069: You can also entrust the possession with attribution of one or more of the rights and obligations
p.000069: included in parental authority, always taking into account the convenience indicated in the subsection,
p.000069: previous.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 119.- Modifications of tenure resolutions.- Tenure resolutions are not enforceable. The
p.000069: Judge may alter them at any time if it is proven that this is in accordance with the proper enjoyment and exercise of rights.
p.000069: of the family son or daughter.
p.000069: If it is a change of tenure; it will be done in a way that does not produce psychological harm to the son or daughter, to
p.000069: which the Judge must order support measures for the son or daughter and their parents.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 120.- Immediate execution.- Resolutions on tenure will be fulfilled immediately, having
p.000069: resort to personal pressure and the search of the home where the child is presumed to be,
p.000069: girl or teenager, if necessary. No jurisdiction will be recognized that prevents or hinders the
p.000069: compliance with the resolution.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 924, 925
p.000069: Art. 121.- Recovery of the son or daughter.- When a boy, girl or adolescent has been taken to
p.000069: foreigner in violation of the provisions of this Code and judicial decisions on
p.000069: exercise of parental authority and tenure, the competent State agencies shall arbitrate
p.000069: immediately all the necessary measures for his return to the country. For the same effect, the Judge will exhort the
p.000069: competent judges of the state where the child or
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 31
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p.000069: Teen.
p.000069: TITLE IV
p.000069: OF THE RIGHT TO VISITS
p.000069: Art. 122.- Obligation.- In all cases in which the Judge entrusts the possession or exercise of parental authority to
p.000069: one of the parents must regulate the regime of visits that the other may make to the son or daughter.
p.000069: When a protection measure has been decreed in favor of the son or daughter due to physical violence,
p.000069: psychological or sexual, the judge may deny the visitation regime with respect to the aggressor parent, or regulate visits
p.000069: in a directed manner, according to the severity of the violence. The Judge will consider this limitation when there is intra violence
p.000069: - family. The measures taken will seek to overcome the causes that determined the suspension.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272
p.000069: Art. 123.- How to regulate the visitation regime.- For the fixing and modifications of the visitation regime, the Judge
p.000069: The provisions of rule No. 1 of article 106 and the final paragraph of said article shall apply.
p.000069: If there is no agreement between the parents or the relatives requesting the fixation, or if the agreement to which
p.000069: have arrived is inconvenient for the rights of the son or daughter, the judge will regulate the visits taking into account:
p.000069: 1. If it is a parent, the way in which the parent has fulfilled his parental obligations; and,
p.000069: 2. The technical reports they deem necessary.
p.000069: Art. 124.- Extension.- The Judge will extend the regime of visits to ascendants and other blood relatives until
p.000069: the fourth degree of the collateral line, under the conditions contemplated in this title. You can also
p.000069: Do it with respect to other people, relatives or not emotionally linked to the child or adolescent.
p.000069: Art. 125.- Undue retention of the son or daughter.- The father, the mother or any person who unduly retains the
p.000069: son or daughter whose parental authority, possession or guardianship have been entrusted to another, or who hinders the
p.000069: visits, may be judicially required to deliver it immediately to the person who must have it and
p.000069: will be obliged to compensate the damages caused by the undue retention, including the expenses caused by the
p.000069: requirement and restitution.
p.000069: If the requested does not comply with the order, the Judge will decree personal compulsion against him, without
p.000069: prejudice to order, without the need for a prior resolution, the search of the property in which
p.000069: finds or is supposed to find the son or daughter, to achieve recovery.
p.000069: Matches:
...
p.000069: definitive.
p.000069: Art. 3.- Characteristics of the right.- This right is non-transferable, non-transferable, inalienable,
p.000069: imprescriptible, unattachable and does not admit compensation or reimbursement of what was paid, except for pensions of
p.000069: foods that have been previously fixed and have not been paid and from mothers who have made expenses
p.000069: Antenatals that have not been previously recognized, cases in which they can be compensated and transmitted to the
p.000069: heirs.
p.000069: Art. 4.- Holders of maintenance rights.- They have the right to claim maintenance:
p.000069: 1. Girls, boys and adolescents, except the emancipated voluntarily who have their own income, to
p.000069: who will suspend the exercise of this right in accordance with this standard;
p.000069: 2. Adults or adults up to the age of 21 years who demonstrate that they are studying in
p.000069: any educational level that prevents or hinders them from engaging in a productive activity and lack resources
p.000069: own and sufficient; and,
p.000069: 3. People of any age, who have a disability or their physical or mental circumstances prevent them
p.000069: or makes it difficult to procure the means to subsist on their own, as stated in the respective certificate issued
p.000069: by the National Council on Disabilities CONADIS, or the health institution that may have heard of the case
p.000069: that for the purpose must be presented.
p.000069: Art. 5.- Obliged to provide food.- Parents are the main holders of the
p.000069: maintenance obligation, even in cases of limitation, suspension or deprivation of parental authority.
p.000069: In case of: absence, impediment, insufficient resources or disability of the principal,
p.000069: duly verified by the person who alleges it, the competent authority shall order that the provision of food be
p.000069: paid or completed by one or more of the following required subsidiaries, based on their ability
p.000069: economically and as long as they are not disabled, in order:
p.000069: 1. The grandparents;
p.000069: 2. Siblings who have reached the age of 21 and are not included in the cases of numerals two
p.000069: and three from the previous article; and,
p.000069: 3. The uncles / as.
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p.000069: The competent authority, based on the order provided in the preceding paragraphs, in the degrees of kinship indicated,
p.000069: simultaneously and based on their resources, they will regulate the proportion in which said relatives will provide the pension
p.000069: alimony, until completing the total amount of the fixed pension or assuming it in its entirety, as the case may be.
p.000069: The relatives who have made the payment may exercise the action of repetition of the payment against the father and / or the
p.000069: mother.
p.000069: The judges will apply ex officio the international instruments ratified by Ecuador in order to
...
p.000069: adoption not recommended. In the same case, the Judge may not order the adoption against the express will of the
p.000069: Teen.
p.000069: Art. 157.- Age of the adoptee.- Only people under the age of eighteen can be adopted. By exception, the
p.000069: adult adoption in the following cases:
p.000069: a) When they have a relationship of kinship with the candidate for adoption within the fifth degree of consanguinity;
p.000069: b) When they have been integrated into the home of the candidate for adoption in foster care for a period of not less than
p.000069: two years;
p.000069: c) When they have been integrated into the candidate's home since childhood, or since adolescence for a period of
p.000069: less than four years; and,
p.000069: d) When it comes to adopting the spouse's child.
p.000069: In no case may persons over the age of twenty-one be adopted.
p.000069: Article 158.- Legal capacity of the child or adolescent to be adopted.- The Judge may only declare that a child,
p.000069: girl or adolescent is in legal capacity to be adopted, when the investigations
p.000069: carried out is established without a doubt that it is found in any of the following cases:
p.000069: 1. Orphanhood with respect to both parents;
p.000069: 2. Impossibility of determining who are their parents or, where appropriate, their relatives up to the third degree of
p.000069: consanguinity;
p.000069: 3. Deprivation of parental authority to both parents; and,
p.000069: 4. Consent of the father, mother, or both parents, as appropriate, that would not have been
p.000069: deprived of parental authority.
p.000069: In the cases of numerals 1, 3 and 4 the Judge will declare the adoptability whenever, in addition to the circumstances
p.000069: described there, the child or adolescent lacks other relatives up to the third degree of consanguinity, or these
p.000069: are unable to permanently and stable assume their care and protection.
p.000069: The Judge who declares the adoptability of a child or adolescent must notify the Technical Unit of
p.000069: Adoptions of the respective jurisdiction, within a maximum period of ten days from the sentence
p.000069: was executed.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Article 159.- Requirements for adopters.- Candidates for adopters must meet the following requirements:
p.000069: 1. Be domiciled in Ecuador or in one of the states with which Ecuador has signed agreements of
p.000069: adoption;
p.000069: 2. Be legally capable;
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p.000069: 3. Be in full exercise of political rights;
p.000069: 4. Be over twenty-five years old.
p.000069: 5. Have an age difference of not less than fourteen nor greater than forty-five years with the
p.000069: adopted. The minimum difference will be reduced to ten years when it comes to adopting the spouse's child or
...
p.000069: to the spouse, or younger partner;
p.000069: 6. In the case of a couple of adopters, they must be heterosexual and have been together for more than three years, in marriage or
p.000069: de facto union that meets legal requirements;
p.000069: 7. Enjoy adequate physical and mental health to fulfill parental responsibilities;
p.000069: 8. Have indispensable economic resources to guarantee the adoptee the satisfaction of their needs
p.000069: basic; and,
p.000069: 9. Failure to record a criminal record for crimes punishable by imprisonment.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1462, 1463
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 73 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000061: 61
p.000061: Art. 160.- Adoption by the guardian.- The guardian can adopt the conservatee once he has legally ceased
p.000061: of his office and the accounts of his administration have been judicially approved.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 252
p.000061: Art. 161.- Necessary consents.- For the adoption the following are required
p.000061: consents:
p.000061: 1. Of the adolescent to be adopted;
p.000061: 2. The father and mother of the child or adolescent to be adopted, who have not been deprived
p.000061: of parental authority;
p.000061: 3. From the guardian of the child or adolescent;
p.000061: 4. Of the spouse or partner of the adopter, in cases of marriage or de facto union that meets the requirements
p.000061: legal; and,
p.000061: 5. The parents of the adolescent father or mother who consents to the adoption of their child.
p.000061: The Judge has the obligation to personally verify, at the corresponding hearing, that the
p.000061: consent has been freely and spontaneously granted; and that the Technical Adoption Unit of the Ministry of
p.000061: Social Welfare has fulfilled the obligations indicated in the following article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461
p.000061: Art. 162.- Advice to the person who must give consent.- The Technical Unit for Adoptions of the
p.000061: Ministry of Social Welfare will give free advice to the person who must give consent for the
p.000061: adoption, on the meaning and effects of this protection measure; and will propose the alternatives that
p.000061: preserve the family bond after adoption. This unit will prepare a report on compliance with these
p.000061: obligations and will present it to the Judge who knows the adoption.
p.000061: Art. 163.- Prohibited adoptions.- Adoption is prohibited:
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p.000061: 1. Of the unborn child; and,
p.000061: 2. By predetermined candidates, except when the child or adolescent to be adopted is a relative within
...
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p.000061: necessary;
p.000061: 2. Study the adoption applications of the adopter candidates, evaluate the reports on the realization of
p.000061: adoptive parent training courses and declare their suitability;
p.000061: 3. Carry out the matching process provided by the Family Allowance Committees and present the
p.000061: respective reports;
p.000061: 4. Design and execute, directly or through authorized entities, the continuous process of
p.000061: adoptive parent training and post-adoption support services; and,
p.000061: 5. Regulate the procedures to guarantee that the child or adolescent is adopted by the person or persons
p.000061: best suited to your needs, characteristics and conditions. For this purpose, it will establish a system
p.000061: integrated national information that has a registry of the candidates for adopters and a registry of children,
p.000061: girls and adolescents fit for adoption.
p.000061: Any report required in the adoption process must be motivated and commit responsibility
p.000061: solidarity of the Technical Unit of Adoptions and the entity that prepared it.
p.000061: These reports and studies are reserved and must be filed and preserved in order to ensure this
p.000061: character. They can be accessed by the adoptee who has reached the age of eighteen, his adoptive parents and persons
p.000061: legitimized for the action of nullity of the adoption.
p.000061: Art. 169.- Refusal of adoption request.- In case the adoption request is denied by the respective
p.000061: Technical Adoption Unit, the applicant may file an administrative appeal with the Minister
p.000061: of Social Welfare.
p.000061: Art. 170.- Of the Family Allocation Committees.- The Family Allocation Committees will be integrated
p.000061: by three appointed members; two by the Ministry in charge of economic inclusion issues and
p.000061: social and one by the municipal government where each committee has jurisdiction.
p.000061: Each Committee will elect a President from its bosom.
p.000061: The Family Allocation Committees will be called by their President at the request of the respective Technical Unit of
p.000061: Adoptions. The representatives and technicians of the attention entities and the officials of the Unit
p.000061: Adoption Technician will attend the Committee meetings with the sole purpose of issuing their technical criteria.
p.000061: The jurisdiction of the Family Allowance Committees will be determined by the Ministry in charge of the affairs of
p.000061: economic and social inclusion in the act of its creation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 171.- Of the members of the Assignment Committees.- To be a member of the Assignment Committees
...
p.000061: a) Written warning and deadline to overcome the cause that motivates the sanction;
p.000061: b) A fine of five hundred to five thousand dollars, which will be doubled in case of recidivism;
p.000061: c) Suspension of operation, for a period of three months to two years;
p.000061: d) Cancellation of one or more programs; and,
p.000061: e) Cancellation of authorization and registration.
p.000061: The application of sanctions will be made after the non-compliance has been verified, through a
p.000061: administrative procedure that ensures respect for due process guarantees.
p.000061: Art. 214.- Obligations of schools, colleges and health centers.- The entities that provide
p.000061: Public and private education and health services must comply with the measures of
p.000061: protection and administrative and judicial resolutions issued by the corresponding authorities and with the standards
p.000061: of established quality.
p.000061: TITLE VI
p.000061: OF PROTECTION MEASURES
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 215.- Concept.- Protection measures are actions taken by the competent authority, through resolution
p.000061: judicial or administrative, in favor of the child or adolescent, when the risk has occurred or exists
p.000061: imminent that a violation of their rights occurs by action or omission of the State, society, their
p.000061: parents or guardians or the child or adolescent himself. In the application of the measures, preference should be given to those
p.000061: that protect and develop family and community ties.
p.000061: Protective measures impose on the State, its officials or employees or any individual, including
p.000061: parents, relatives, caregivers, teachers, educators, and the child himself or herself
p.000061: adolescents, certain actions in order to stop the act of threat, restore the right that has
p.000061: been violated and ensure permanent respect for their rights.
p.000061: Art. 216.- Concurrence of measures: One or more protection measures may be decreed for the same case and applied in
p.000061: simultaneously or successively. Its application does not prevent the imposition of sanctions that the case warrants.
p.000061: Art. 217.- List of protection measures.- Protection measures are
p.000061: administrative and judicial.
p.000061: In addition to those contemplated in Title IV of the First Book and in other legal bodies, they are measures
p.000061: administrative protection:
p.000061: 1. Actions of an educational, therapeutic, psychological or material support nature to the family nucleus, to preserve,
p.000061: strengthen or reestablish their ties for the benefit of the child or adolescent;
p.000061: 2. The order of care of the child or adolescent in their home;
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p.000061: 3. The family reintegration or return of the boy and girl to their biological family;
p.000061: 4. The order of insertion of the child or adolescent or of the person involved in the threat or violation of the
p.000061: right, in any of the protection programs contemplated by the System and which, in the judgment of the competent authority,
p.000061: it is the most appropriate according to the type of violating act, such as the order to carry out investigations
p.000061: necessary for the identification and location of the child or adolescent or their relatives and the
p.000061: clarification of the social, family and legal situation of the child or adolescent, the order to execute
p.000061: a specific action for the restitution of the violated right, such as: imposing on parents the
p.000061: enrollment of the child or adolescent in the Civil Registry or arrange for a health facility to provide
p.000061: urgent care or that an educational establishment proceed to enroll it, etc .;
p.000061: 5. The temporary removal of the person who has threatened or violated a right or guarantee, from the place where they live with
p.000061: the affected child or adolescent; and,
p.000061: 6. Emergency custody of the affected child or adolescent, in a family home or a care entity,
p.000061: up to seventy-two hours, during which time the Judge will order the corresponding protection measure.
p.000061: The following are judicial measures: foster care, institutional foster care and adoption.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 67
p.000061: Art. 218.- Competent authority and authorized entities.- They are competent to order the measures of
p.000061: protection referred to in this title, the Judges of Children and Adolescents, the Cantonal Protection Boards of
p.000061: Rights and care entities in the cases contemplated in this Code.
...
p.000061: The Judges for Children and Adolescents have the responsibility of monitoring the measures
p.000061: of protection that they have ordered, review their application and periodically evaluate their effectiveness, in relation
p.000061: with the purposes that were had at the time of decreeing them.
p.000061: Protection measures can be replaced, modified or revoked by the authority that imposed them.
p.000061: Chapter II
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p.000061: Foster care
p.000061: Art. 220.- Concept and purpose.- Foster care is a temporary measure of protection provided
p.000061: by the judicial authority, which aims to provide a child or adolescent deprived of their environment
p.000061: family, an ideal family and appropriate to their needs, characteristics and conditions.
p.000061: During the execution of this measure, it will seek to preserve, improve or strengthen family ties,
p.000061: prevent abandonment and seek the insertion of the child or adolescent into their biological family,
p.000061: involving parents and relatives.
p.000061: Art. 221.- Limitation on foster care.- The poverty situation of parents and relatives within
p.000061: of the third degree of inbreeding in a straight or collateral line is not in itself sufficient reason to resolve the
p.000061: foster care.
p.000061: Art. 222.- Foster care conditions.- Foster care must comply with the following
p.000061: terms:
p.000061: 1. Run in a home previously qualified for this purpose, by the competent authority;
p.000061: 2. Run in a home that, due to its location, allows the children and adolescents subject
p.000061: to the extent, normally participate in community life and can use all the services that it
p.000061: offers;
p.000061: 3. Assure children and adolescents an adequate socialization process and guarantee them security and
p.000061: emotional and affective stability; and,
p.000061: 4. Guarantee that the relationships of the foster child or adolescent develop in a family context and are
p.000061: personalized, so that the construction of their identity and the development of the
p.000061: personality.
p.000061: The regulation will establish the requirements that the foster parents must meet and more conditions that they must
p.000061: meet for the declaration of suitability.
p.000061: Art. 223.- Right to financial contribution.- The boy, girl or adolescent who is in
p.000061: Foster care has the right to receive from their relatives up to the third degree of
p.000061: consanguinity, and in the absence or impossibility of these, by the State and sectional governments,
p.000061: a monthly financial contribution sufficient to cover their needs for the duration of the foster care. The
p.000061: The amount of this financial contribution will be fixed every six months by the Judge for Children and Adolescents.
p.000061: Art. 224.- Executors of foster care.- Foster care will be carried out through families
p.000061: registered with a service entity authorized to carry out these programs.
p.000061: In order to execute a foster care program, the care entity, in addition to meeting the general standards,
p.000061: You must present a training program for foster families and individuals.
p.000061: Art. 225.- Priority for foster care.- For the foster care, the following order of
p.000061: priority:
p.000061: 1. The family to which both parents or the father or the mother according to who exercises the homeland
p.000061: power, has delivered the child or adolescent for their care and upbringing; and,
p.000061: 2. A family that guarantees the protection and integral development of the child or adolescent,
p.000061: preferably of their ethnic group, town or culture.
p.000061: All persons entrusted with the care and protection of a child or adolescent in foster care
p.000061: family must be enrolled in a foster program that will provide education and training
p.000061: necessary and will supervise the performance of its mission. People
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 61
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p.000061: indicated in numeral 1 will be enrolled in one of the programs referred to in the previous article, since
p.000061: foster care is formalized.
p.000061: Art. 226.- Duties and obligations of the foster care entities.- In addition to the obligations
p.000061: general to any care entity, the one that executes foster care programs, must comply with the
p.000061: following specific obligations:
p.000061: 1. Assume the legal representation of the foster child or adolescent, when the resolution so determines;
p.000061: 2. Submit to the competent authority in a timely manner the global project of the family and the comprehensive project of
p.000061: care for the foster child or adolescent and ensure compliance;
p.000061: 3. Seek to strengthen family ties and overcome the causes that motivated the measure;
p.000061: 4. Periodically inform the competent authority of the general situation of the host or, at any time if
p.000061: the circumstances that motivated the measure change, so that it ratifies, modifies or ends it;
p.000061: 5. Participate in clarifying the legal situation of the child or adolescent deprived of their family environment;
p.000061: and,
p.000061: 6. Exhaust all the necessary actions to reinsert the child or adolescent in their family.
p.000061: Art. 227.- Duties and rights of the family of the child or adolescent: The parents or members of
p.000061: the family of the child and adolescent within the third degree of inbreeding in a straight or collateral line have the
p.000061: following rights and duties in foster care:
p.000061: 1. Cooperate in decisions that affect the foster child or adolescent;
p.000061: 2. Participate in determining the general aspects in which the child's family or
p.000061: adolescent intends to change to improve relationships within the family, and contribute to their
p.000061: compliance;
p.000061: 3. Participate in the determination and execution of the educational, emotional, physical aspects,
p.000061: psychological and affective that must be promoted for the growth and integral development of the child or adolescent and
p.000061: support their compliance;
p.000061: 4. Contribute financially, according to their possibilities, to the support of the child or
p.000061: foster adolescent; and,
p.000061: 5. Maintain references, links, visits and care in relation to your son, daughter or family member
p.000061: welcomed.
p.000061: In the absence or absence of the persons referred to in this article, the collaboration of the
p.000061: persons or family with which the child or adolescent was before the care.
...
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
p.000061: 5. Educational establishments that unjustifiably expel a child or adolescent,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 66
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: do not allow their right to defense and deny the guarantees of due process;
p.000061: 6. Educational establishments that impose unjustified disciplinary sanctions on a child or adolescent,
p.000061: do not allow their right to defense and deny the guarantees of due process; and,
p.000061: 7. Establishments and authorities that violate the exercise of the right to diversity or cultural identity.
p.000061: The payment of the fine does not exempt educational establishments from restoring the violated right.
p.000061: Art. 250.- Violations against the right to information.- They will be sanctioned with the fine indicated in the article
p.000061: previous:
p.000061: 1. The media, cinemas, theaters and public shows and those responsible for their programming, which
p.000061: comply with the obligation to announce, with due anticipation, the nature and age classification for the audience
p.000061: or enter their programs;
p.000061: 2. Media directors, video and recording editors, and manufacturers
...
p.000061: Art. 256.- Guiding principles.- The Administration of Specialized Justice for Children and
p.000061: Adolescence will guide its actions and resolutions with strict adherence to the principles, rights, duties and
p.000061: responsibilities established in this Code.
p.000061: Its management is also inspired by the principles of humanity in the application of law, prioritization
p.000061: of equity over the rituality of prosecution, legality, independence, gratuitousness, morality,
p.000061: speed and efficiency.
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000061: Art. 257.- Guarantees of due process.- In all judicial proceedings that are substantiated pursuant to this
p.000061: Code, people will have the inviolability of the defense, the contradiction, the challenge, the
p.000061: immediacy, the right to be heard and other guarantees of due process.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 258.- Testimony of the offended boy, girl and adolescent.- In all judicial or
p.000061: administrative, the judge or the competent authority, will ensure that the best interests of the child or
p.000061: teenager who has been offended by the commission of a criminal offense.
p.000061: The child or adolescent will declare without oath, in the presence of their parents or guardian.
p.000061: If they do not have them, the Judge will designate and possess a special curator on the spot, preferring for the effect
p.000061: to a trusted person of the declarant.
p.000061: The declaration must be practiced in a reserved manner and under conditions that respect privacy, physical integrity and
p.000061: emotional of the child or adolescent. The procedural parties may witness the statement, if the Judge
p.000061: considers that it does not violate the best interests of the child or adolescent.
p.000061: After the declaration, the judge may authorize the interrogation of the parties through him.
p.000061: The Judge will not allow the questions that contravene the provisions of this
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 69
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p.000061: Article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 515
p.000061: CIVIL PROCEDURE CODE, Arts. 122, 138, 152, 209
p.000061: Chapter II
p.000061: Organs of the Administration of Specialized Justice for Children and Adolescents
p.000061: Art. 259.- Jurisdictional bodies.- The Administration of Specialized Justice for Children and
p.000061: Adolescence is made up of the Courts for Children and Adolescents and the Courts for Adolescents
p.000061: Violators.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 167
...
p.000061: procedural, due process guarantees and the right to effective judicial protection.
p.000061: Chapter IV Legal proceedings
p.000061: First Section
p.000061: Special rules for the investigation of the Police and the Technical Office
p.000061: Art. 268.- Investigation.- This Code regulates the investigation of the Police and the Technical Office for Children and the
p.000061: Adolescence for the substantiation of research aimed at:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 71
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Locate children and adolescents deprived of their family environment, presumably lost, disappeared or
p.000061: plagiarized; and,
p.000061: 2. Identify and locate the places of residence of the father, mother or relatives within the third
p.000061: degree of consanguinity absent or missing of the child or adolescent.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 163
p.000061: Art. 269.- Petition.- The official judge or at the request of any service entity, the mother, the
p.000061: father or relatives of the child or adolescent, as the case may be, will dictate a car in which they will have
p.000061: the corresponding investigation tending to identify and locate the child or adolescent, their parents and others
p.000061: relatives, as the case may be.
p.000061: The investigation will involve the Public Ministry, DINAPEN or other Police units
p.000061: Nacional and the Technical Office, who are required to submit monthly reports on activities
p.000061: carried out and their results.
p.000061: The Judge may request clarification, extensions or reform of the reports presented.
p.000061: Art. 270.- Reinsertion of the child or adolescent in their biological family. - If the investigation
p.000061: allow to locate the child or adolescent or identify the child or adolescent or identify the father, the
p.000061: mother or other relatives or persons responsible for the care of the child or adolescent, as the case may be, the Judge
p.000061: will order the reintegration to his family, without prejudice to other protection measures that may be necessary.
p.000061: If the investigation allowed to identify and locate relatives within the third degree of
p.000061: consanguinity of the child or adolescent, the Judge will call a hearing and appoint a guardian to assume their care and
p.000061: protection.
p.000061: If, from the qualification order, the terms stipulated in this Code for the deprivation of the
...
p.000061: Otherwise it will be ordered to complete it as provided in article 73 of the aforementioned Code.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 66, 73
p.000061: Art. 273.- Conciliation and reply hearing.- The conciliation hearing will be conducted
p.000061: personally by the Judge, who will initiate it promoting in the parties a conciliatory settlement that, if any, will be
p.000061: approved at the same hearing and will end the trial.
p.000061: If no conciliation occurs, the Judge will immediately hear the parties' rebuttals and counter-rebuttals, beginning
p.000061: for the defendant's answer, who, after the plaintiff's argument, will have the opportunity to make a brief
p.000061: replica. After the allegations have been concluded, the opinion of the adolescent, necessarily, or of the child or
p.000061: girl who is of age and conditions to lend it.
p.000061: Before closing the hearing, the Judge will insist on a conciliation of the parties; if there is not and there are facts that
p.000061: must be proven, it will call the evidence hearing that must be held not earlier than fifteen nor after twenty days
p.000061: counted from the date of the signaling.
p.000061: Art. 274.- Provisional resolution.- In lawsuits on parental authority, provision of maintenance and
p.000061: visitation regime, the judge will necessarily make a provisional determination on the claim of the
p.000061: plaintiff, in the same hearing that the previous article deals with. If there is agreement of the
p.000061: parents in this regard, will end the trial.
p.000061: This fixation may be modified in the manner indicated in article 278.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 355
p.000061: Art. 275.- Evidence hearing.- In the evidence hearing, actor and defendant, in the same order, will present the
p.000061: evidentiary means that would have been duly announced, beginning with the examination of the witnesses, which may be
p.000061: questioned by the defenders of both parties, and the reports of the technicians, who must respond to the
p.000061: observations and requests for clarification or extension that they make.
p.000061: By the Clerk of the Court, a summary reading of the documents added by the parties and of the official documents will be given.
p.000061: reports that have been received.
p.000061: The interrogations of the defense attorneys will be made directly to the witnesses, experts and
p.000061: counterparty, without the need for mediation by the Judge, who may only object, ex officio or at the request of a party, the
p.000061: questions that you consider unconstitutional, illegal, disrespectful, or impertinent regarding prosecution.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 73
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p.000061: After the test, the defenders, starting with the actor's, will be able to present their allegations on the
p.000061: test given.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 207, 219, 221, 257
p.000061: Art. 276.- Deferral of the hearing and recess.- At the request of either party, the trial hearing may
p.000061: be deferred once and for up to five business days.
...
p.000061: The hearing will begin with the manifestation of the will of the adoptive candidates to adopt. Then
p.000061: the judge will question them to verify their knowledge of the legal and social consequences of the
p.000061: adoption. After that, he will listen privately to the boy or girl to be adopted who is in a condition of age and
p.000061: development to express your opinion. If it is a teenager, your consent will be required, according to what
p.000061: provided in article 164 of this Code.
p.000061: Concluded the hearing, will pronounce sentence in the form prescribed in article 277 of this Code against which
p.000061: the appeal will proceed before the Superior Court of the district.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 273, 274, 323
p.000061: Art. 286.- Verification of identities and causes of appearance.- The Judge will verify with the instruments
p.000061: relevant public, the identity of relationship or appointment of guardian, as the case may be, of the
p.000061: persons who appear under the provisions of articles 163 and
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 75
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p.000061: 166 of this Code.
p.000061: If you have doubts about the paternity or maternity of the person or parties, you can order the practice
p.000061: Comparative Examination of Deoxyribonucleic Acid (DNA) Bands or Sequence Patterns
p.000061: of the child or adolescent to be adopted and of those who present themselves as parents. If these
p.000061: The latter refuse Unjustifiably to the practice of the exam, consent will be considered denied. If the negatives
p.000061: are founded on lack of economic resources to cover their costs, the procedure provided in the
p.000061: rule 4 of article 131 of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 16, 24 CIVIL CODE (BOOK I), Arts. 253
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63 CODE OF CIVIL PROCEDURE, Arts. 164
p.000061: Art. 287.- Second instance.- The appeal will be substantiated by the Superior Court Chamber
p.000061: of the District, in a single hearing. The sentence will be pronounced in the manner indicated in article 277.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 273, 274, 323
p.000061: Art. 288.- Additional requirement for international adoptions.- In the case of adoptions
p.000061: international, the file with the documents mentioned in
p.000061: Article 183 of this Code, the report of the Technical Adoption Unit indicated in Article 184,
p.000061: the certificate of assignment and acceptance of the candidates for adopters.
p.000061: Art. 289.- Form of granting consent for adoption.- The parent or parents who wish to give adoption to
p.000061: your son or daughter will submit a request to the Judge of the domicile of the child or adolescent, so that
p.000061: your consent is received. The petition must contain the names, surnames; profession or activity and
p.000061: domicile of the applicants and of the son or daughter whose adoption they consent; and attach the heading of
p.000061: birth of the latter.
p.000061: The Judge will qualify the petition within seventy-two hours after its presentation and
p.000061: will provide for the recognition of the signature and signature of the petitioners. Made the recognition, will point
p.000061: day and time for the hearing that must be held within the fifteen days following the notification of the
p.000061: providence that summons it. At the hearing, the Judge will explain to the applicants the consequences
p.000061: legal and social aspects of the adoption and if these are ratified in your decision, you will receive your consent
p.000061: and will decree a provisional protection measure in favor of the child or adolescent.
p.000061: After the hearing, it will provide that the Technical Adoption Unit, the Specialized Police for Children,
p.000061: Girls or Adolescents and the Technical Office carry out investigations aimed at locating relatives, within
p.000061: of the fourth degree of consanguinity, of the child or adolescent, who can take charge permanently and
...
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 253
p.000061: Art. 344.- Conclusion of the Instruction. After the instruction, if the existence of the infraction is not determined
p.000061: investigated or the responsibility of the adolescent, the prosecutor will issue his abstentive opinion in writing and in a
p.000061: motivated within a maximum period of five days requesting the competent judge to dictate the dismissal. In this
p.000061: In this case, any precautionary measure that was ordered against the adolescent will cease immediately.
p.000061: In the event that the existence of the crime is determined and the adolescent is considered to have participated in the act,
p.000061: will request the competent judge to set a date and time for the evaluation and preparatory hearing for
p.000061: trial in which the prosecutor will issue his accusatory opinion.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Second Section
p.000061: Forms of early termination
p.000061: Art. 345.- Conciliation. The prosecutor may promote conciliation as long as the crime is punishable by penalties
p.000061: custodians of up to ten years.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 88
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p.000061: To promote conciliation, a meeting will be held with the adolescent, his parents or representatives present.
p.000061: legal or people who have it in their care and the victim, the Prosecutor will expose the possible accusation and hear
p.000061: propositions.
p.000061: If a preliminary agreement is reached, the Prosecutor will present it to the Judge, together with the eventual accusation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 346.- Conciliation Hearing.- Once the request for the Conciliation Hearing has been received, the Judge will summon
p.000061: to a hearing, which must be held no later than ten days after receiving the request, in the same
p.000061: will listen to the parties and if an agreement is reached, the respective minutes will be drawn up, which must contain the obligations
p.000061: established and the deadlines to make them effective.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 347.- Conciliation promoted by the judge. The competent judge may promote an agreement
p.000061: conciliatory, provided that the crime is punished with custodial sentences of up to ten years. This is
p.000061: will propose at the evaluation hearing and trial preparation. If the conciliation agreement is reached, it will appear in
p.000061: minutes according to the previous article.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 348.- Content of the obligations.- The obligations established in the agreement of
...
p.000061: thoroughness, they end the process.
p.000061: In case of breach of the obligations contained in the agreement, the competent judge will continue substantiating the
p.000061: initial procedure.
p.000061: The period of fulfillment of the obligations contracted in the conciliation, will not be imputed for the computation of the
p.000061: prescription of action.
p.000061: If one or more of the victims does not accept the conciliation, the prosecution will continue and their right to
p.000061: compensation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 348-A.- Criminal mediation. Mediation allows the exchange of opinions between the victim and the adolescent,
p.000061: during the process, so that they confront their points of view and manage to solve the conflict that
p.000061: keep. It may refer to the repair, restitution or compensation of the damages caused; realization or
p.000061: abstention from certain conduct; and, provision of services to the community.
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p.000061: It will proceed in the same cases of conciliation.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-B.- Request. At any time until before the conclusion of the instruction stage, any subject
p.000061: procedural may request the judge, submit the case to mediation. Once accepted, the judge will refer a center
p.000061: specialized mediation.
p.000061: Parents, legal representatives, or caregivers of the adolescent will participate in the mediation
p.000061: together with the procedural subjects.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 348-C.- General rules. Mediation will be governed by the following rules:
p.000061: 1. Existence of free, informed and vice-free consent by the victim and the
p.000061: express, free and voluntary acceptance of the adolescent.
p.000061: 2. If there is a plurality of adolescents or victims, the process will continue with respect to those who do not attend the
p.000061: agreement.
p.000061: 3. In case of not reaching an agreement, the statements made at the mediation hearing will have no value
p.000061: any evidence.
p.000061: 4. The Judicial Council will keep a quantitative and personal record of the adolescent and their
p.000061: family, which will record the cases that are subject to mediation and the results of the
p.000061: same.
p.000061: 5. The mediation will be in charge of specialized mediators accredited by the Judicial Council.
p.000061: 6. The Judicial Council will organize mediation centers for adolescent matters.
p.000061: 7. Notifications will be made at the court, electronic court address or by email
p.000061: indicated by the procedural subjects.
p.000061: 8. The mediation record will be sent to the judge who referred the case to the respective mediation center.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
...
p.000061: organic structure and specialized personnel necessary for the comprehensive care of adolescents
p.000061: offenders, the administration and management of the offending Teen Centers and Zonal Units of
p.000061: comprehensive development of adolescent offenders and the execution of socio-educational measures.
p.000061: The Ministry in charge of justice and human rights affairs will regulate the organization, management and
p.000061: articulation of public and private entities necessary for the proper functioning of the Centers of
p.000061: offending adolescents and Zonal development units for offending adolescents, to guarantee the
p.000061: fulfillment of the purposes of socio-educational measures and the exercise and protection of the human rights of
p.000061: adolescents and the rights guaranteed in the Constitution of the Republic.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: CHAPTER III
p.000061: SOCIO-EDUCATIONAL MEASURES NON-PRIVATIVE AND PRIVATIVE OF FREEDOM
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014
p.002014: Art. 378.- Non-custodial socio-educational measures.- Non-custodial socio-educational measures
p.002014: freedom that can be imposed are:
p.002014: 1. Warning: it is a verbal attention call made directly by the judge, to the adolescent; already
p.002014: their parents or legal representatives or those responsible for their care so that the illegality of the actions is understood.
p.002014: 2. Imposition of rules of conduct: it is the fulfillment of certain obligations and
p.002014: restrictions so that the illegality of the actions is understood and the behavior of each adolescent is modified, to
p.002014: in order to achieve integration into their family and social environment.
p.002014: 3. Orientation and psycho-family partner support: it is the obligation of the adolescent and his parents,
p.002014: legal representatives or those responsible for your care, to participate in family counseling and support programs to
p.002014: achieve adolescent adaptation to their family and social environment.
p.002014: CODE OF CHILDHOOD AND ADOLESCENCE - Page 99
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p.002014: 4. Service to the community: they are concrete activities of community benefit imposed by the judge,
p.002014: so that the adolescent can carry them out without undermining their integrity and dignity, or affecting their
p.002014: academic or work obligations, taking into account their age, aptitudes, abilities and skills,
p.002014: and the socio-educational benefit they report.
p.002014: 5. Assisted freedom: is the state of freedom conditioned on compliance with guidelines and restrictions
p.002014: of conduct set by the judge, subject to guidance, assistance, supervision and evaluation,
p.002014: forcing the adolescent to comply with educational programs, receive orientation and follow-up, with the
p.002014: assistance from specialists and people with knowledge or skills in the treatment of adolescents.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Jurisprudence:
p.002014: Judicial Gazette, TRIAL FOR QUALIFIED THEFT, Apr 26, 2012
...
p.002014: Institutional closed for the internment with semi-open regime or weekend internment.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 383.- Open regime.- It is the period of social inclusion in which the adolescent will coexist in their social environment
p.002014: in which the adolescent will live in his family and social environment supervised by the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: This regime can be revoked by the judge, at the request of the Center Coordinator when there is reason for it, in
p.002014: consideration of technical team reports.
p.002014: In case of breach of this regime without sufficient and proven justification, in addition to the revocation of
p.002014: This benefit, the judge, at the request of the Center Coordinator, may declare the adolescent a fugitive.
p.002014: To access this regime, compliance with eighty percent of the measure is required
p.002014: socio-educational. At this stage the adolescent will appear periodically before the judge.
p.002014: Adolescents who run away from a center for offending adolescents will not be able to access this regime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Article 384.- Application of socio-educational measures in contraventions.- For cases of
p.002014: contraventions, the warning measure will be applied to the adolescent and the parents' attention call and one or more of
p.002014: the following measures:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 101
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: a) Imposition of rules of conduct from one to three months.
p.002014: b) Orientation and psycho-family partner support from one to three months.
p.002014: c) Community services of up to one hundred hours.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 385.- Application of socio-educational measures in crimes sanctioned in the Comprehensive Organic Penal Code.
p.002014: The socio-educational measures applicable to crimes sanctioned in the Comprehensive Organic Penal Code are:
p.002014: 1. For cases of crimes punishable by a custodial sentence of more than one month to five years, the
p.002014: the warning measure and one or more of the following measures:
p.002014: a) Imposition of rules of conduct from one to six months.
p.002014: b) Orientation and psycho-family partner support from three to six months.
p.002014: c) Community services from one to six months.
p.002014: d) Freedom from three months to one year.
p.002014: e) Home stay from three months to one year.
p.002014: f) Internment for a weekend of one to six months.
p.002014: g) Hospitalization with a semi-open regime of three months to one year.
p.002014: 2. For cases of crimes punishable by a custodial sentence of more than five years and up to ten years,
p.002014: The warning measure and one of the following measures will apply:
...
p.002014: 14. Introduce and distribute in the center, objects that are not authorized by the authorities
p.002014: corresponding.
p.002014: 15. Cause damage or carry out activities to disable the center.
p.002014: 16. Threatening or coercing the life or integrity of any person.
p.002014: 17. Violently resist the fulfillment of legitimate orders of authority.
p.002014: 18. Possess instruments, tools or work utensils outside the work areas.
p.002014: 19. Refusing to go to court proceedings unjustifiably.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 419.- Sanctions.- Depending on the severity, the following sanctions will be imposed:
p.002014: 1. Warning.
p.002014: 2. Apology and repair of the damage caused in its entirety.
p.002014: 3. Restriction of external communications.
p.002014: 4. Restriction of phone calls.
p.002014: The determining criterion for graduating the sanction applicable to adolescents is the objective gravity of the fact.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 420.- Administrative procedure.- The administrative procedure to sanction adolescents
p.002014: it is brief, simple, oral, it will respect due process and the right to be heard by yourself or through
p.002014: a private or public defender, in accordance with the following rules:
p.002014: 1. The administrative procedure will begin at the request of any person who knows the
p.002014: committing a fault or by the staff of the centers. The names and surnames of the
p.002014: whistleblower, or any data that identifies him inside or outside the center.
p.002014: 2. The Center Coordinator will summon the parties involved, the parents, legal representative or person responsible for their
p.002014: carefully and will notify you with all the documents and other writings containing elements of conviction of the
p.002014: presumed committing a disciplinary offense in order to exercise his defense.
p.002014: 3. After twenty-four hours of notification, a hearing will be called in which the parties will be heard. The
p.002014: adolescent will always be heard as the last intervention. In the same hearing the tests that the
p.002014: parties or the Center Coordinator consider pertinent to
p.002014: CODE OF CHILDHOOD AND ADOLESCENCE - Page 110
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: verify the disciplinary offense or distort it.
p.002014: 4. The Center Coordinator at the same hearing, will resolve and record in writing the fact, the fault and the
p.002014: sanction or acquittal.
p.002014: In all cases where a judicial ruling is required, the administrative authority will send the file to
p.002014: juvenile offender judge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 421.- Disruption of order in the Centers for Teenage Offenders.- When there is a riot or a serious one
p.002014: disruption of order in a center, the Center Coordinator will request, if necessary, intervention
p.002014: of the specialized police for children and adolescents to the extent and the time necessary for the restoration of
p.002014: order.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
...
Social / philosophical differences/differences of opinion
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p.000069: Art. 4.- Definition of boy, girl and adolescent.- Boy or girl is the person who has not reached twelve years of age.
p.000069: Adolescent is the person of both sexes between twelve and eighteen years of age.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 1
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. twenty-one
p.000069: Art. 5.- Presumption of age.- When there is doubt about the age of a person, it will be presumed that it is a boy or a girl before
p.000069: what a teenager; and that he is a teenager, before he is over eighteen years old.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 716, 717 CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CIVIL CODE (BOOK I), Arts.
p.000069: 342, 521
p.000069: TITLE II
p.000069: FUNDAMENTAL PRINCIPLES
p.000069: Art. 6.- Equality and non-discrimination.- All children and adolescents are equal before the law and will not be
p.000069: discriminated by reason of their birth, nationality, age, sex, ethnicity; color, social origin, language,
p.000069: religion, affiliation, political opinion, economic situation, sexual orientation, health status, disability or
p.000069: cultural diversity or any other condition of their own or of their parents, representatives or relatives.
p.000069: The State will adopt the necessary measures to eliminate all forms of discrimination.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 3, 11, 46, 57, 66, 341, 416
p.000069: Art. 7.- Children, adolescents, indigenous and Afro-Ecuadorians.- The law recognizes and guarantees the right of
p.000069: children and adolescents of indigenous and Afro-Ecuadorian nationalities, to develop according to their
p.000069: culture and in a framework of interculturality, in accordance with the provisions of the Political Constitution of the Republic,
p.000069: provided that cultural practices do not violate your rights.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 29, 45, 57, 58
p.000069: Art. 8.- Co-responsibility of the State, society and the family.- It is the duty of the State, society and the family,
p.000069: within their respective areas, adopt political, administrative, economic, legislative measures,
...
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 2
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 10.- Duty of the State to the family.- The State has the priority duty to define and execute policies,
p.000069: plans and programs that support the family to fulfill the responsibilities specified in the
p.000069: previous article.
p.000069: Jurisprudence:
p.000069: Judicial Gazette, AMOUNT AND FORM OF FOOD SUPPLY, Feb 14, 2007
p.000069: Art. 11.- The best interest of the child.- The best interest of the child is a principle that is aimed at satisfying
p.000069: the effective exercise of all the rights of children and adolescents; and imposes on all
p.000069: administrative and judicial authorities and public and private institutions, the duty to adjust their
p.000069: decisions and actions for compliance.
p.000069: In order to appreciate the best interest, the need to maintain a fair balance between rights and
p.000069: duties of children and adolescents, in the way that best suits the realization of their rights and
p.000069: guarantee.
p.000069: This principle prevails over the principle of ethnic and cultural diversity.
p.000069: The best interests of the child is a principle of interpretation of this Law. No one may invoke it.
p.000069: against express norm and without previously listening to the opinion of the child or adolescent involved, who is in
p.000069: conditions to express it.
p.000069: Art. 12.- Absolute priority.- In the formulation and execution of public policies and in the provision of resources,
p.000069: absolute priority must be assigned to children and adolescents, who will also ensure preferential access to
p.000069: public services and any kind of attention they require.
p.000069: Special priority will be given to the care of children under the age of six.
p.000069: In the event of conflict, the rights of children and adolescents prevail over the rights of others.
p.000069: Art. 13.- Progressive exercise.- The exercise of rights and guarantees and compliance with the
p.000069: Duties and responsibilities of children and adolescents will be done progressively, according to their
p.000069: degree of development and maturity. Any restriction on the exercise of these rights and guarantees that is not
p.000069: expressly contemplated in this Code.
p.000069: Art. 14.- Application and interpretation more favorable to the child and adolescent.- No judicial authority or
p.000069: administrative may invoke lack or insufficiency of rule or express procedure to justify the violation or
p.000069: ignorance of the rights of children and adolescents.
...
p.000069: immediately after birth, with the corresponding paternal and maternal surnames. The State will guarantee
p.000069: the right to identity and identification through a Civil Registry service with agile procedures,
p.000069: free and easy to obtain identity documents.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 708
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69
p.000069: Art. 36.- Norms for identification.- In the live birth certification, which must be issued under the
p.000069: responsibility of the public or private health center or institution that attended the birth, the
p.000069: fingerprint identification of the mother and plantar identification of the newborn or newborn boy or girl. In cases of
p.000069: late registration, the fingerprint of the child or adolescent must be registered in the respective file.
p.000069: When the identity of one of the parents is unknown, the child or adolescent will bear the surnames of the
p.000069: parent who registers it, without prejudice to the right to obtain legal recognition
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 8
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: from the other parent.
p.000069: If the identity or address of both parents is unknown, the child or adolescent
p.000069: will register by judicial or administrative order, with two names and two surnames in common use in the country. Will be respected
p.000069: the name by which it has been known and your opinion will be taken into account when possible. Registration may be
p.000069: requested by the person in charge of the protection program in charge of the child or by the Protection Board of
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
p.000069: be registered with proper names of the respective language. The Civil Registry authorities have the obligation to
p.000069: register these names without any limitation or objection.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 64 CIVIL CODE (BOOK I), Arts. 60
p.000069: GENERAL LAW OF CIVIL REGISTRY IDENTIFICATION AND IDENTIFICATION, Arts. 32
...
p.000069: and international.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 42, 46
p.000069: Article 58.- Right of refugee children and adolescents.- Children and adolescents who request or
p.000069: Those who have been granted refugee status have the right to receive humanitarian protection and assistance
p.000069: necessary for the full enjoyment of your rights. The same right assists their parents and people
p.000069: in charge of your care.
p.000069: Chapter v
p.000069: Participation rights
p.000069: Art. 59.- Right to freedom of expression.- Children and adolescents have the right to
p.000069: express themselves freely, to seek, receive and disseminate information and ideas of all kinds, orally, in writing or
p.000069: any other means they choose, with the only restrictions imposed by law, public order, health or
p.000069: public morals to protect the security, rights and fundamental freedoms of others.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 18, 66
p.000069: Art. 60.- Right to be consulted.- Children and adolescents have the right to be
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 15
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: consulted on all matters that affect them. This opinion will be taken into account to the extent of their age and maturity.
p.000069: No child or adolescent may be forced or pressured in any way to express their opinion.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 61
p.000069: Art. 61.- Right to freedom of thought, conscience and religion.- The State guarantees, in favor of children,
p.000069: girls and adolescents, the freedoms of thought, conscience and religion, subject to limitations
p.000069: prescribed by law and necessary to protect the security, fundamental rights and freedoms of
p.000069: the rest.
p.000069: It is the right and duty of the parents and other persons in charge of their care, to guide the child
p.000069: or adolescent for the proper exercise of this right, according to their evolutionary development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 62.- Right to freedom of assembly.- Children and adolescents have the right to assemble publicly and
p.000069: peacefully for the promotion, defense and exercise of your rights and guarantees.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 63.- Right of free association.- Children and adolescents have the right to freely associate with
p.000069: lawful purposes. This right includes the possibility of adolescents to form associations without ends
p.000069: of profit, according to the law.
p.000069: The State will guarantee and promote the exercise of this right; mainly in terms of associations
...
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
p.000069: obligations of parents regarding their non-emancipated sons and daughters, regarding care, education, development
p.000069: comprehensive, defense of children's rights and guarantees in accordance with the Constitution and the law.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46, 69
p.000069: Art. 106.- Rules to entrust the exercise of parental authority.- To entrust parental authority in cases
p.000069: provided for in article 325 of the Civil Code, the Judge, after hearing the adolescent, the boy or girl who are in
p.000069: conditions to express their opinion will observe the following rules:
p.000069: 1.- What the parents agree will be respected as long as this does not harm the rights of the son or daughter;
p.000069: 2.- In the absence of agreement of the parents or if what is agreed by them is inconvenient for the best interest of the
p.000069: son or daughter of a family, the parental authority of those who have not reached twelve years of age will be entrusted to the mother,
p.000069: Unless it is proven that this damages the rights of the son or daughter;
p.000069: 3.- In the case of sons or daughters who have completed twelve years, parental authority will be entrusted to
p.000069: parent who shows greater emotional stability and psychological maturity and who are in better
p.000069: conditions to give the sons and daughters the dedication they need and a stable family environment for their
p.000069: integral development;
p.000069: 4.- If both parents demonstrate the same conditions, the mother will be preferred, provided that it does not affect the interest
p.000069: superior of the son or daughter;
p.000069: 5.- In no case will this power be entrusted to the father or mother who is in any of the causes of
p.000069: deprivation referred to in article 113; and,
p.000069: 6.- In case of lack or inability of both parents to exercise parental authority, the Judge will appoint
p.000069: a tutor according to the general rules.
p.000069: The opinion of sons and daughters under the age of twelve will be valued by the Judge, considering the degree of development of
p.000069: who issues it. That of adolescents will be mandatory for the Judge, unless it is manifestly harmful to
p.000069: its integral development.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 304, 305, 306, 307
p.000069: Art. 107.- Exercise of parental authority in case of subsequent recognition.- The recognition
p.000069: the son's or daughter's right gives the right to exercise parental authority.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 63, 247, 252
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 64
p.000069: Article 108.- Suspension of legal representation due to conflict of interest.- Representation is suspended
p.000069: legal in the case of acts, contracts or lawsuits in which there are or may exist conflicting interests
p.000069: between the son or the daughter and who or those who exercise it. In these cases, the parent or
p.000069: mother who is not in conflict of interest, or the special conservator appointed by the Judge if the interest
p.000069: disables them both.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 303, 304, 305, 306, 307
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 28
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 109.- Authorization to leave the country.- Ecuadorian and foreign children and adolescents
...
p.000069: for adoption; and,
p.000069: 9. In cases of adoption of children and adolescents belonging to peoples and nationalities
p.000069: indigenous and Afro - Ecuadorian, adopters from their own culture will be preferred.
p.000069: Art. 154.- Unconditionality and irrevocability of the adoption.- The adoption cannot be subject to
p.000069: modalities and, once perfected, is irrevocable. Any condition that is imposed by those who must
p.000069: giving your consent will be deemed not written, without affecting the validity of the adoption.
p.000069: Art. 155.- Prohibition of undue economic benefits.- Obtaining of undue economic benefits is prohibited.
p.000069: as a consequence of adoption. Who conditions the consent for the adoption to an economic consideration
p.000069: and whoever mediates in this matter for profit, will be sanctioned as provided in this Code.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 248, 252
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 44
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 156.- Limitation on the separation of siblings.- Only in exceptional cases may they be separated, for
p.000069: cause of adoption, children or adolescent siblings who have family relationships with each other. When i will
p.000069: hiciere, the necessary measures must be taken to ensure that the personal relationship and communication are preserved
p.000069: among them.
p.000069: The opinion of the boy or girl who expresses the desire to stay with their siblings, as well as the verification of a
p.000069: affective bond between them, must be specially considered by the Judge as antecedents that make
p.000069: adoption not recommended. In the same case, the Judge may not order the adoption against the express will of the
p.000069: Teen.
p.000069: Art. 157.- Age of the adoptee.- Only people under the age of eighteen can be adopted. By exception, the
p.000069: adult adoption in the following cases:
p.000069: a) When they have a relationship of kinship with the candidate for adoption within the fifth degree of consanguinity;
p.000069: b) When they have been integrated into the home of the candidate for adoption in foster care for a period of not less than
p.000069: two years;
p.000069: c) When they have been integrated into the candidate's home since childhood, or since adolescence for a period of
p.000069: less than four years; and,
p.000069: d) When it comes to adopting the spouse's child.
p.000069: In no case may persons over the age of twenty-one be adopted.
p.000069: Article 158.- Legal capacity of the child or adolescent to be adopted.- The Judge may only declare that a child,
p.000069: girl or adolescent is in legal capacity to be adopted, when the investigations
...
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461
p.000061: Art. 162.- Advice to the person who must give consent.- The Technical Unit for Adoptions of the
p.000061: Ministry of Social Welfare will give free advice to the person who must give consent for the
p.000061: adoption, on the meaning and effects of this protection measure; and will propose the alternatives that
p.000061: preserve the family bond after adoption. This unit will prepare a report on compliance with these
p.000061: obligations and will present it to the Judge who knows the adoption.
p.000061: Art. 163.- Prohibited adoptions.- Adoption is prohibited:
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 46
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 1. Of the unborn child; and,
p.000061: 2. By predetermined candidates, except when the child or adolescent to be adopted is a relative within
p.000061: of the fourth degree of consanguinity of the candidate to adopter, or son of the spouse or partner in the cases
p.000061: de facto union that meets the legal requirements. However, even in these cases the candidates for adopters must
p.000061: be declared suitable in accordance with the general rules.
p.000061: Art. 164.- Persons who must be heard for adoption.- In the administrative and judicial phases of the
p.000061: adoption must have the opinion of the child who is in a position to express it, and the adolescent in all
p.000061: the cases.
p.000061: The Judge will hear the relatives of the child or adolescent, the care entity involved and any person
p.000061: that can provide well-founded information on the inconvenience of the adoption or irregularities in the
p.000061: procedure used.
p.000061: Chapter II
p.000061: Administrative phase
p.000061: Art. 165.- Object of the administrative phase.- Every judicial adoption process will be preceded by a phase
p.000061: administrative which aims to:
p.000061: 1. Study and report on the physical, psychological, legal, family and social situation of the person who is going to
p.000061: be adopted
p.000061: 2. Declare the suitability of the candidates for adopters; and,
p.000061: 3. Assign, by administrative resolution, a family to a boy, girl or adolescent. This faculty
p.000061: it is exclusive to the corresponding Family Allowance Committee.
p.000061: Art. 166.- Prohibitions related to this phase.- It is prohibited:
p.000061: 1. The pre-allocation of a family to a child or adolescent, except in cases of difficult adoption,
p.000061: either due to illness, disability, age over 4 years or others duly justified; and,
...
p.000061: fourth degree of consanguinity or second degree of affinity.
p.000061: Members of the Family Allowance Committees are subject to disabilities and
p.000061: incompatibilities provided for in the regulation.
p.000061: Art. 172.- The allocation.- The Allocation is the decision of the Family Allocation Committee, expressed by
p.000061: administrative resolution, by which an appropriate family is assigned to a certain child or adolescent, according to their
p.000061: needs, characteristics and conditions.
p.000061: The assignment will be notified to the candidates for adopters, the person to be adopted and the Care Entity
p.000061: where appropriate.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 48
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Adoptive families may not accept the assignment made, in a motivated way, if it does not respond
p.000061: to the terms of your request. If the non-acceptance of the assignment is due to reasons that the Committee considers
p.000061: discriminatory, will provide that the Technical Adoption Unit remove the family from the family registry
p.000061: adopters.
p.000061: Art. 173.- Refusal of assignment.- The Family Assignment Committee will deny the assignment in the
p.000061: following cases:
p.000061: 1. When adolescents do not consent to the assignment or the boys and girls give contrary opinion to
p.000061: its adoption; and,
p.000061: 2. When the adoptive candidates desist from adopting the child or adolescent or not
p.000061: pronounce within the established period.
p.000061: Art. 174.- The relationship.- Once the assignment has been made, the Family Assignment Committee will order the
p.000061: establishing an initial bond between the child or adolescent to be adopted and the candidate (s) to
p.000061: adopters, in order to check, in the practice of the relationship, if the allocation has been the most appropriate for
p.000061: the boy, girl or adolescent.
p.000061: For the relationship to take place it is necessary that both the candidate for adoption and the future adoptive family
p.000061: have received adequate preparation to assume the relationship they initiate.
p.000061: The relationship does not create rights or obligations for the adopter candidates with respect to the person to
p.000061: be adopted.
p.000061: Chapter III Judicial phase
p.000061: Art. 175.- Adoption trial.- The adoption trial will begin once the phase has concluded
p.000061: administrative, and will comply with the procedure indicated in Chapter IV, Title X, Book III of this Code.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 284, 285
p.000061: Art. 176.- Registration in the Civil Registry.- The sentence granting the adoption must be registered in the Registry
p.000061: Civil, so that the original birth registration is canceled, through a marginal annotation that accounts for the
p.000061: adoption, and a new registry is practiced in which this circumstance will not be mentioned.
...
p.000061: 2. Participate in determining the general aspects in which the child's family or
p.000061: adolescent intends to change to improve relationships within the family, and contribute to their
p.000061: compliance;
p.000061: 3. Participate in the determination and execution of the educational, emotional, physical aspects,
p.000061: psychological and affective that must be promoted for the growth and integral development of the child or adolescent and
p.000061: support their compliance;
p.000061: 4. Contribute financially, according to their possibilities, to the support of the child or
p.000061: foster adolescent; and,
p.000061: 5. Maintain references, links, visits and care in relation to your son, daughter or family member
p.000061: welcomed.
p.000061: In the absence or absence of the persons referred to in this article, the collaboration of the
p.000061: persons or family with which the child or adolescent was before the care.
p.000061: Art. 228.- Rights and responsibilities of the foster child or adolescent: The child or adolescent
p.000061: Foster has the following specific rights and responsibilities:
p.000061: 1. Be informed of the nature of the measure and express their opinion for fostering, according to its development
p.000061: evolutionary;
p.000061: 2. Receive adequate care and attention from those who host him;
p.000061: 3. Participate in the execution of the life project that includes all areas for its integral development; and,
p.000061: 4. Keep respect and collaborate with the foster family and the entity authorized to fulfill the objectives
p.000061: of foster care.
p.000061: Art. 229.- Termination of foster care: Foster care ends by:
p.000061: 1. The reintegration of the child or adolescent into their biological family;
p.000061: 2. Adoption of the child or adolescent;
p.000061: 3. The legal emancipation of the host, for the causes provided for in the 2nd ordinals. and 4th. of article 328 of the Code
p.000061: Civil; and,
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 62
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 4. Resolution of the authority that ordered the measure.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 308
p.000061: Art. 230.- Prohibition of profit.- Obtaining profit as a consequence of the
p.000061: foster care.
p.000061: Art. 231.- Option to adopt foster children: People who have had a child or adolescent in
p.000061: foster care, will have a priority option for adoption, provided they meet the requirements
p.000061: legal.
p.000061: Chapter III
p.000061: INSTITUTIONAL WELCOME
...
p.000061: 2. Any member of your family, up to the fourth degree of consanguinity and second of affinity;
p.000061: 3. The Ombudsman's Office;
p.000061: 4. The Community Defenders; and,
p.000061: 5. Any other person or entity that has an interest in it.
p.000061: Art. 237.- Beginning of the procedure.- The administrative procedure for the protection of rights can be initiated from
p.000061: ex officio or by verbal or written complaint in which it will be indicated:
p.000061: 1. The organism before which he appears;
p.000061: 2. The names, surnames, age and address of the complainant and the quality in which he appears;
p.000061: 3. The most detailed identification possible of the affected child or adolescent;
p.000061: 4. The most detailed possible identification of the person or entity reported; and,
p.000061: 5. The circumstances of the denounced fact, indicating the right affected or the
p.000061: imputed irregularity.
p.000061: Within forty-eight hours of knowing the fact or receiving the complaint, the agency,
p.000061: The administrative officer will take notice and will set the day and time for the answering hearing.
p.000061: The summons for the hearing will be practiced personally or through a ballot left at home.
p.000061: of the aforementioned in business day and time.
p.000061: Art. 238.- Hearing.- The oral arguments of the parties will be heard at the hearing, beginning with the complainant,
p.000061: after which the adolescent, in any case, or the boy or girl who is in conditions of
p.000061: Express your opinion.
p.000061: The substantive body will then seek conciliation between the parties, if the nature of the matter so
p.000061: allows, in accordance with the law. Likewise, you can refer the case to a specialized center for
p.000061: mediation.
p.000061: If the parties reconcile, a protection measure will be established to promote relations between those affected
p.000061: and the mechanisms for evaluating and monitoring the measure will be determined. Otherwise, if there are facts that
p.000061: must be proven, the substantiating body will immediately convene a new hearing for the surrender of
p.000061: tests, which must be held no later than the following five business days.
p.000061: The substantiating body shall have the power to order the tests and investigations that it considers
p.000061: necessary.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 121
p.000061: Art. 239.- Evidence hearing.- The parties will present all their evidence at the same hearing, after which they may
p.000061: verbally present their allegations, beginning with the complaining party. If the substantive body deems it
p.000061: necessary for the extension of the tests, may establish a recess of up to three business days.
p.000061: Art. 240.- Resolution.- The substantiating body will pronounce its final resolution in the same hearing or, more
p.000061: take, within two business days.
p.000061: The requirements for protective actions, if urgent, must be met immediately or
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 64
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: in its defect within a period of five days from the notification of the resolution
p.000061: corresponding, the same that can be done at the same hearing. In case of non-compliance with the requirement, the
...
p.000061: private that violate or threaten the rights of children and adolescents, in addition to the penalties of fine provided
p.000061: in this title, they will be sanctioned with a suspension of five days, the first time, one month the second and with
p.000061: final closure the third time.
p.000061: Chapter II
p.000061: Offenses sanctioned with a fine
p.000061: Art. 248.- General sanction.- Anyone who threatens or violates any of the rights or guarantees contemplated in any way.
p.000061: in this Code and more laws, in favor of a child or adolescent, and whose conduct of action or omission does not have
p.000061: assigned a special sanction, you will be sentenced to a fine of 100 to 500 dollars, for each threat or violation
p.000061: of these.
p.000061: Art. 249.- Infractions against the right to education.- They will be sanctioned with a fine of 100 to 500 dollars:
p.000061: 1. Educational establishments that deny or hinder the organized participation of their students
p.000061: adolescents in the planning and execution of their programs, or that allow disciplinary practices that affect the
p.000061: rights and dignity of children or adolescents who study in their establishments;
p.000061: 2. The authorities and teachers of educational establishments, who refuse to hear a child or adolescent, who
p.000061: are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 3. Educational establishments that deny or hinder the entry of children and / or
p.000061: adolescents for reasons of health, disability, ethnicity, pregnancy, social, religious, political or
p.000061: ideological, yours or your parents or legal representatives;
p.000061: 4. Educational establishments that unjustifiably deny enrollment to a child or
p.000061: Teen;
p.000061: 5. Educational establishments that unjustifiably expel a child or adolescent,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 66
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: do not allow their right to defense and deny the guarantees of due process;
p.000061: 6. Educational establishments that impose unjustified disciplinary sanctions on a child or adolescent,
p.000061: do not allow their right to defense and deny the guarantees of due process; and,
p.000061: 7. Establishments and authorities that violate the exercise of the right to diversity or cultural identity.
...
p.000061: 1. The directors of health facilities that deny the provision of emergency medical services to a
p.000061: boy, girl or adolescent; or the safe stay of a newborn with his mother; or that in any way
p.000061: breaches the obligations described in article 30, if it does not result in death or serious and permanent damage
p.000061: for health, the child, adolescent or mother;
p.000061: 2. Payers, or those who substitute for them, in the public or private sector, who do not comply with the resolution
p.000061: court ordering the withholding of compensation of an employee, worker, retired or retired for the payment of a
p.000061: alimony in favor of a boy, girl or adolescent;
p.000061: 3. The legal representatives of the attention entities that do not fulfill the obligations indicated in the
p.000061: Article 211. The same sanction shall be incurred, in cases of similar non-compliance, by natural persons who have
p.000061: his position a protection program;
p.000061: 4. Public officials, of the central and sectional administration, who do not send the information in a timely manner and
p.000061: documents that are required by the Cantonal Boards of Protection of Rights or the Municipalities, for the
p.000061: fulfillment of its functions;
p.000061: 5. The judge ministers, members of the Cantonal Councils for Children and Adolescents and of the Protection Boards
p.000061: of Rights and municipalities, judges and public officials, who refuse to hear a boy, girl or
p.000061: adolescent, who are in a position to express their opinion, in those matters that are of interest to them;
p.000061: 6. Those who by any means put restrictions that prevent the exercise of the right of assembly and free association
p.000061: of a boy, girl or adolescent, outside the cases expressly allowed by law;
p.000061: 7. The members of the Public Ministry, the defenders of childhood and adolescence, the public defenders or the
p.000061: public defenders, lawyers, experts, secretaries, officers, and clerks of the courts and tribunals, who
p.000061: unreasonably delay the judicial procedures regulated in this Code;
p.000061: 8. Those who use or allow the use of children or adolescents who have not reached the age of sixteen, in
p.000061: political or religious proselytizing programs or shows;
p.000061: 9. Commercial establishments and people who sell alcoholic beverages and cigarettes to minors
p.000061: eighteen years;
p.000061: 10. Those who violate the right to association, assembly and demonstration of children and
p.000061: adolescents, in the terms enshrined in this Code; and,
p.000061: 11. Public officials who impede the right of children and adolescents to their identity and
p.000061: ID.
p.000061: Note: Number 7. reformed by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 729
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 66, 362, 365
p.000061: Article 254.- Sanction to the judges for the delay in the processing of the processes.- Without prejudice to the
...
p.000061: Second section
p.000061: The general contentious procedure
p.000061: Art. 271.- Matters to which it is applied.- The norms of this section will be applied for the
p.000061: substantiation of all matters related to the matters covered by the Second Book, those of the Third Book
p.000061: whose resolution is the exclusive competence of the Judge of Children and Adolescents and
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 72
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: in which an actively legitimized person raises a legal claim.
p.000061: Matches:
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 62
p.000061: Art. 272.- The demand and the summons.- The demand must meet the requirements contemplated in article 71 of the Code
p.000061: of Civil Procedure and the Judge will qualify it within the forty-eight hours following the presentation of the
p.000061: same.
p.000061: In his first ruling the Judge will classify it and, if he meets the legal requirements, he will accept it for processing, case
p.000061: Otherwise it will be ordered to complete it as provided in article 73 of the aforementioned Code.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 66, 73
p.000061: Art. 273.- Conciliation and reply hearing.- The conciliation hearing will be conducted
p.000061: personally by the Judge, who will initiate it promoting in the parties a conciliatory settlement that, if any, will be
p.000061: approved at the same hearing and will end the trial.
p.000061: If no conciliation occurs, the Judge will immediately hear the parties' rebuttals and counter-rebuttals, beginning
p.000061: for the defendant's answer, who, after the plaintiff's argument, will have the opportunity to make a brief
p.000061: replica. After the allegations have been concluded, the opinion of the adolescent, necessarily, or of the child or
p.000061: girl who is of age and conditions to lend it.
p.000061: Before closing the hearing, the Judge will insist on a conciliation of the parties; if there is not and there are facts that
p.000061: must be proven, it will call the evidence hearing that must be held not earlier than fifteen nor after twenty days
p.000061: counted from the date of the signaling.
p.000061: Art. 274.- Provisional resolution.- In lawsuits on parental authority, provision of maintenance and
p.000061: visitation regime, the judge will necessarily make a provisional determination on the claim of the
p.000061: plaintiff, in the same hearing that the previous article deals with. If there is agreement of the
p.000061: parents in this regard, will end the trial.
p.000061: This fixation may be modified in the manner indicated in article 278.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 355
p.000061: Art. 275.- Evidence hearing.- In the evidence hearing, actor and defendant, in the same order, will present the
p.000061: evidentiary means that would have been duly announced, beginning with the examination of the witnesses, which may be
p.000061: questioned by the defenders of both parties, and the reports of the technicians, who must respond to the
p.000061: observations and requests for clarification or extension that they make.
p.000061: By the Clerk of the Court, a summary reading of the documents added by the parties and of the official documents will be given.
p.000061: reports that have been received.
p.000061: The interrogations of the defense attorneys will be made directly to the witnesses, experts and
...
p.000061: adopt.
p.000061: The file with the previous actions of the Technical Unit of Adoptions will be attached to the demand
p.000061: respective, in which you must include a copy of the judgment of the declaration of adoptability, of the International Agreement
p.000061: of Accreditation of Authorized Entities, if applicable.
p.000061: Within seventy-two hours of filing the claim, the Judge will examine whether it meets the requirements of
p.000061: law and if the file has been attached with the previous actions of the respective Technical Adoption Unit with
p.000061: the other documents. If from the examination of the documents attached to the complaint, I find that the
p.000061: presuppositions of the adoptability of the child or adolescent; the requirements for the qualification of candidates for
p.000061: adopters and the allocation phase meets all the requirements provided by law, the judge will qualify the demand and
p.000061: will provide the recognition of signature and heading of the plaintiffs.
p.000061: In case of any violation of the administrative procedure, if any of its phases had been omitted
p.000061: or the documents are incomplete, the Judge will grant three days to complete the demand.
p.000061: It is the Judge's obligation to notify this order to the respective Technical Adoption Unit.
p.000061: Art. 285.- Hearing.- Once the signature and signature recognition has been made, the official judge will summon the candidates to
p.000061: adopters at a hearing to be held within the next five business days from
p.000061: the notification of the order that summons it; the audience must personally attend the
p.000061: Candidates for adopters, the child who is in a position to express their opinion or the adolescent.
p.000061: The hearing will begin with the manifestation of the will of the adoptive candidates to adopt. Then
p.000061: the judge will question them to verify their knowledge of the legal and social consequences of the
p.000061: adoption. After that, he will listen privately to the boy or girl to be adopted who is in a condition of age and
p.000061: development to express your opinion. If it is a teenager, your consent will be required, according to what
p.000061: provided in article 164 of this Code.
p.000061: Concluded the hearing, will pronounce sentence in the form prescribed in article 277 of this Code against which
p.000061: the appeal will proceed before the Superior Court of the district.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 273, 274, 323
p.000061: Art. 286.- Verification of identities and causes of appearance.- The Judge will verify with the instruments
p.000061: relevant public, the identity of relationship or appointment of guardian, as the case may be, of the
p.000061: persons who appear under the provisions of articles 163 and
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 75
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 166 of this Code.
p.000061: If you have doubts about the paternity or maternity of the person or parties, you can order the practice
p.000061: Comparative Examination of Deoxyribonucleic Acid (DNA) Bands or Sequence Patterns
p.000061: of the child or adolescent to be adopted and of those who present themselves as parents. If these
p.000061: The latter refuse Unjustifiably to the practice of the exam, consent will be considered denied. If the negatives
p.000061: are founded on lack of economic resources to cover their costs, the procedure provided in the
p.000061: rule 4 of article 131 of this Code.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 16, 24 CIVIL CODE (BOOK I), Arts. 253
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63 CODE OF CIVIL PROCEDURE, Arts. 164
p.000061: Art. 287.- Second instance.- The appeal will be substantiated by the Superior Court Chamber
...
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 22 CIVIL CODE (BOOK I), Arts. 398
p.000061: Fourth Section
p.000061: Special rules for the judgment of possession
p.000061: Art. 290.- Monitoring of tenure.- In the resolution on tenure, the Judge will order that the Technical Office
p.000061: regularly monitor tenure and report on your results.
p.000061: Art. 291.- Motivation of the resolution order.- The order that resolves on the possession, must consider obligatorily
p.000061: the position of the child or adolescent during the hearing, being careful not to reveal what he / she declared in
p.000061: exercise of your right to be heard.
p.000061: Fifth Section
p.000061: Special rules for the trial of fixation of maintenance
p.000061: Article 292.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000061: Tenure and parental authority must be processed by separate rope. Prohibition of counterclaim in these
p.000061: Actions.
p.000061: Art. 293.- Power to dispose evidence ex officio.- The Judge may order ex officio the practice of the evidence that
p.000061: deem necessary to establish the economic capacity of the feeder and the needs of the fed.
p.000061: TITLE XI
p.000061: THE MEDIATION
p.000061: Art. 294.- Cases in which it proceeds.- Mediation will proceed in all transferable matters provided that
p.000061: violate inalienable rights of childhood and adolescence.
p.000061: Art. 295.- Special rules.- It will be carried out before a Mediation Center of those indicated in the following article.
p.000061: Those interested may intervene personally or through attorneys.
p.000061: The opinion of the child or adolescent who is in a position to express it will be heard.
p.000061: Art. 296.- Qualification of Mediation Centers.- Mediation Centers must be authorized
p.000061: legally to be able to intervene in the matters covered by this Code.
p.000061: Art. 297.- Supplementary regulations.- In what is not foreseen in this title, the provisions will be applied.
p.000061: relevant to the special law on the matter.
p.000061: TITLE XII
p.000061: ECONOMIC RESOURCES OF THE SYSTEM
p.000061: Art. 298.- Financing from the National Council for Children and Adolescents.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 299.- Financing of the Cantonal Councils for Children and Adolescents and Cantonal Boards
p.000061: for the Protection of Children and Adolescents.-
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 77
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 300.- Of the National Fund for the Protection of Children and Adolescents.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 301.- Of the sources of resources.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 302.- Of municipal funds.-
...
p.000061: on the part, in audience, with a report from a psychiatrist designated for this purpose.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 343.- Duration of the instruction. The instruction stage will last forty-five days
p.000061: non-extendable, counted from the date of the hearing on charges, without prejudice to the fact that the prosecutor
p.000061: indicate a shorter period for its conclusion. In case of flagrant crime, the instruction will not exceed thirty days.
p.000061: If data appears in the process that presumes the participation of another adolescent in the investigated fact,
p.000061: The prosecutor will request a hearing for the bond. The instruction will remain open for a period
p.000061: additional twenty days, once, counted from the bonding hearing to be held within
p.000061: of the term provided for the instruction.
p.000061: The hearing will be held with the direct participation of the adolescent and his public or private defender.
p.000061: The prosecutor who fails to meet the deadlines indicated in this article, will be sanctioned as provided in the Law.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 253
p.000061: Art. 344.- Conclusion of the Instruction. After the instruction, if the existence of the infraction is not determined
p.000061: investigated or the responsibility of the adolescent, the prosecutor will issue his abstentive opinion in writing and in a
p.000061: motivated within a maximum period of five days requesting the competent judge to dictate the dismissal. In this
p.000061: In this case, any precautionary measure that was ordered against the adolescent will cease immediately.
p.000061: In the event that the existence of the crime is determined and the adolescent is considered to have participated in the act,
p.000061: will request the competent judge to set a date and time for the evaluation and preparatory hearing for
p.000061: trial in which the prosecutor will issue his accusatory opinion.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article replaced by Law No. 0, published in Official Register Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Second Section
p.000061: Forms of early termination
p.000061: Art. 345.- Conciliation. The prosecutor may promote conciliation as long as the crime is punishable by penalties
p.000061: custodians of up to ten years.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 88
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: To promote conciliation, a meeting will be held with the adolescent, his parents or representatives present.
p.000061: legal or people who have it in their care and the victim, the Prosecutor will expose the possible accusation and hear
p.000061: propositions.
p.000061: If a preliminary agreement is reached, the Prosecutor will present it to the Judge, together with the eventual accusation.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 544 of March 9, 2009.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
p.000061: Of 2014 .
p.000061: Art. 346.- Conciliation Hearing.- Once the request for the Conciliation Hearing has been received, the Judge will summon
p.000061: to a hearing, which must be held no later than ten days after receiving the request, in the same
p.000061: will listen to the parties and if an agreement is reached, the respective minutes will be drawn up, which must contain the obligations
p.000061: established and the deadlines to make them effective.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
...
Social / sex worker
Searching for indicator prostitution:
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p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 28 CIVIL CODE (BOOK I), Arts. 571
p.000069: CIVIL CODE (BOOK IV), Arts. 1464, 1981, 1983, 1998, 2035, 2058, 2064, 2076 LAW AGAINST VIOLENCE OF WOMEN AND
p.000069: FAMILY, Arts. 2, 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. eleven
p.000069: Art. 68.- Concept of sexual abuse.- Without prejudice to the provisions of the Penal Code on the matter,
p.000069: For the purposes of this Code, all physical contact, suggestion of
p.000069: sexual nature, to which a boy, girl or adolescent submits, even with their apparent consent,
p.000069: through seduction, blackmail, intimidation, deception, threats, or any other means.
p.000069: Any form of sexual harassment or abuse will be brought to the attention of the competent Tax Agent for the purposes of the
p.000069: law, without prejudice to the corresponding administrative investigations and sanctions.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 4
p.000069: Art. 69.- Concept of sexual exploitation.- Prostitution and pornography constitute sexual exploitation.
p.000069: childish. Child prostitution is the use of a child or adolescent in sexual activities in exchange for
p.000069: remuneration or any other remuneration. Child pornography is any representation, by any
p.000069: medium, of a boy, girl and adolescent in explicit, real or simulated sexual activities; or your organs
p.000069: genitals, in order to promote, suggest or evoke sexual activity.
p.000069: Art. 70.- Concept of child trafficking.- Trafficking of children or adolescents is understood to be their abduction,
p.000069: transfer or retention, inside or outside the country and by any means, for the purpose of using them in the
p.000069: prostitution, sexual or labor exploitation, pornography, drug trafficking,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 18
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: organs, servitude, illegal adoptions or other illegal activities.
p.000069: Trafficking means, among others, the substitution of person, fraudulent or forced consent and
p.000069: the delivery or receipt of undue payments or benefits aimed at obtaining the consent of
p.000069: the parents, persons or institution in whose charge the child or adolescent is.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 46
p.000069: Art. 71.- Concept of loss of children or adolescents.- For the purposes of this Code, it is considered
p.000069: loss of children or adolescents, their voluntary or involuntary absence from the home, educational establishment or
p.000069: another place where they are supposed to stay, without the knowledge of their parents or those responsible for their care.
p.000069: Art. 72.- People obliged to denounce.- People who by their profession or trade have knowledge
p.000069: of a fact that presents characteristics of mistreatment, sexual abuse and exploitation, trafficking or
...
Economic / Economic/Poverty
Searching for indicator poverty:
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p.000061: b) Private attention entities.
p.000061: TITLE II
p.000061: OF INTEGRAL PROTECTION POLICIES AND PLANS
p.000061: Art. 193.- Comprehensive Protection Policies.- Comprehensive protection policies are the set of
p.000061: public guidelines; dictated by the competent bodies, whose actions lead to ensuring the
p.000061: comprehensive protection of the rights and guarantees of children and adolescents.
p.000061: The National Decentralized System for the Comprehensive Protection of Children and Adolescents contemplates
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 53
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: five types of comprehensive protection policies, namely:
p.000061: 1. Basic and fundamental social policies, which refer to the universal conditions and services that
p.000061: All children and adolescents have the right, equally and without exception, as protection of the
p.000061: family, education; health, nutrition, housing, parental employment and social security, among
p.000061: others;
p.000061: 2. Emerging care policies, which refer to services for children and adolescents in situations of
p.000061: extreme poverty, severe economic-social crisis or affected by natural disasters or armed conflicts;
p.000061: 3. Special protection policies, aimed at preserving and restoring the rights of children and
p.000061: adolescents who are in situations of threat or violation of their rights, such as: mistreatment, abuse and
p.000061: sexual exploitation, labor and economic exploitation, child trafficking, children deprived of their family environment, child children
p.000061: of emigrants, lost children; children children of mothers and fathers deprived of liberty, adolescents, offenders,
p.000061: displaced, refugee or disabled children; pregnant teens, etc .;
p.000061: 4. The policies of defense, protection and enforceability of rights, aimed at ensuring the rights of
...
p.000061: of protection that they have ordered, review their application and periodically evaluate their effectiveness, in relation
p.000061: with the purposes that were had at the time of decreeing them.
p.000061: Protection measures can be replaced, modified or revoked by the authority that imposed them.
p.000061: Chapter II
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 60
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Foster care
p.000061: Art. 220.- Concept and purpose.- Foster care is a temporary measure of protection provided
p.000061: by the judicial authority, which aims to provide a child or adolescent deprived of their environment
p.000061: family, an ideal family and appropriate to their needs, characteristics and conditions.
p.000061: During the execution of this measure, it will seek to preserve, improve or strengthen family ties,
p.000061: prevent abandonment and seek the insertion of the child or adolescent into their biological family,
p.000061: involving parents and relatives.
p.000061: Art. 221.- Limitation on foster care.- The poverty situation of parents and relatives within
p.000061: of the third degree of inbreeding in a straight or collateral line is not in itself sufficient reason to resolve the
p.000061: foster care.
p.000061: Art. 222.- Foster care conditions.- Foster care must comply with the following
p.000061: terms:
p.000061: 1. Run in a home previously qualified for this purpose, by the competent authority;
p.000061: 2. Run in a home that, due to its location, allows the children and adolescents subject
p.000061: to the extent, normally participate in community life and can use all the services that it
p.000061: offers;
p.000061: 3. Assure children and adolescents an adequate socialization process and guarantee them security and
p.000061: emotional and affective stability; and,
p.000061: 4. Guarantee that the relationships of the foster child or adolescent develop in a family context and are
p.000061: personalized, so that the construction of their identity and the development of the
p.000061: personality.
p.000061: The regulation will establish the requirements that the foster parents must meet and more conditions that they must
p.000061: meet for the declaration of suitability.
p.000061: Art. 223.- Right to financial contribution.- The boy, girl or adolescent who is in
p.000061: Foster care has the right to receive from their relatives up to the third degree of
...
p.000061: Art. 232.- Concept and purpose: Institutional fostering is a transitory measure of protection provided by the
p.000061: judicial authority, in cases where foster care is not possible, for those children or
p.000061: adolescents who are deprived of their family environment. This measure is the last resort and will be followed.
p.000061: only in those duly authorized care entities.
p.000061: During the execution of this measure, the responsible entity has the obligation to preserve, improve,
p.000061: strengthen or restore family ties, prevent abandonment, seek the reintegration of the child, or
p.000061: teen in your birth family or seeking adoption.
p.000061: Art. 233.- Termination of institutional fostering.- Institutional fostering ends by:
p.000061: 1. Reinsertion of the child or adolescent in their biological family;
p.000061: 2. Foster care;
p.000061: 3. Adoption of the child or adolescent;
p.000061: 4. Legal emancipation of the host; and,
p.000061: 5. Resolution of the competent authority that ordered it.
p.000061: Art. 234.- Rules applicable to institutional care.- Are applicable to institutional care the
p.000061: Relevant foster care provisions, especially those related to the limitation of foster care due to
p.000061: poverty, economic contribution, duties and obligations of the foster child, duties and rights of children and
p.000061: teenagers and their family, as well as the prohibition of profit.
p.000061: TITLE VIII
p.000061: ADMINISTRATIVE PROCEDURE FOR THE PROTECTION OF RIGHTS
p.000061: Art. 235.- Provenance and competent body.- The procedure regulated in this title is applied for the substantiation of
p.000061: the following matters:
p.000061: a) The application of protective measures when there has been a threat or violation of individual rights or
p.000061: groups of one or more children or adolescents;
p.000061: b) The knowledge and sanction of the infractions sanctioned with warning; and,
p.000061: c) The knowledge and sanction of the irregularities committed by the attention entities, it is up to
p.000061: the bodies that registered and authorized the offending entity.
p.000061: The knowledge and resolution of the matters indicated in paragraphs a) and b) correspond to the Cantonal Board of
p.000061: Protection of Rights of the canton where the threat, violation of law or infraction occurred.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 63
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Article 236.- Active legitimation.- Without prejudice to the power of the competent bodies to act ex officio and of the
p.000061: In cases where public action is granted, they can propose administrative protection action:
...
General/Other / Impaired Autonomy
Searching for indicator autonomy:
(return to top)
p.000069: Public education is secular at all levels, compulsory until the tenth year of basic education and free
p.000069: up to high school or its equivalent.
p.000069: The State and the pertinent organisms will assure that the educational establishments offer services with equity,
p.000069: quality and opportunity and that the right of parents to choose the education that is guaranteed is also guaranteed
p.000069: the more it suits your sons and your daughters.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 26, 28, 45, 66
p.000069: Art. 38.- Objectives of education programs.- Basic and secondary education will ensure knowledge, values ​​and
p.000069: indispensable attitudes for:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 9
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: a) To develop the personality, the aptitudes and the mental and physical capacity of the boy, girl and
p.000069: adolescent to his full potential, in a playful and emotional environment;
p.000069: b) Promote and practice peace, respect for human rights and fundamental freedoms, non-discrimination,
p.000069: tolerance, valuation of diversities, participation, dialogue, autonomy and cooperation;
p.000069: c) Exercise, defend, promote and disseminate the rights of children and adolescents;
p.000069: d) Prepare him to exercise a responsible citizenship, in a free, democratic and solidary society;
p.000069: e) Guide him on the role and responsibility of the family, the equity of his internal relationships, fatherhood and
p.000069: responsible motherhood and health preservation;
p.000069: f) Strengthen respect for their parents and teachers, for their own cultural identity, their language, their values, for
p.000069: national values ​​and those of other peoples and cultures;
p.000069: g) To develop autonomous, critical and creative thinking;
p.000069: h) Training for productive work and for the management of scientific and technical knowledge;
p.000069: and,
p.000069: i) Respect for the environment.
p.000069: Art. 39.- Rights and duties of parents in relation to the right to education.- They are rights and
p.000069: Duties of parents and other responsible for children and adolescents:
p.000069: 1. Enroll them in educational establishments;
p.000069: 2. Select for your children an education according to their principles and beliefs;
...
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 54.- Right to the reservation of information on criminal records.- Adolescents who have been
p.000069: investigated, subjected to process, deprived of their liberty or to whom a socio-educational measure has been applied,
p.000069: due to a criminal offense, they have the right not to have their police record or
p.000069: judicial and to respect the reservation of procedural information in the manner provided in this Law,
p.000069: unless the competent judge authorizes it in a reasoned resolution, in which they are clearly and
p.000069: Precise the circumstances that justify making the information public.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000069: Art. 55.- Right of children and adolescents with disabilities or special needs.- In addition to
p.000069: general rights and guarantees that the law provides in favor of children and adolescents, those who have
p.000069: some disability or special need will enjoy the rights that are necessary for the integral development
p.000069: from his personality to the maximum of his potentialities and for the enjoyment of a full, dignified life endowed with the
p.000069: greater autonomy possible, so that they can actively participate in society, according to their condition.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 14
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: They will also have the right to be informed about the causes, consequences and prognosis of their disability and about the
p.000069: rights that assist them.
p.000069: The State will ensure the exercise of these rights through their effective access to the education and training that
p.000069: require; and the provision of early stimulation, rehabilitation, preparation for
p.000069: work, recreation and other necessary activities, which will be free for children and adolescents whose
p.000069: parents or caregivers are unable to pay for them.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 46, 47
p.000069: Art. 56.- Right of children of persons deprived of liberty.- Children; girls and adolescents who do not enjoy
p.000069: of their family environment because one or both parents are deprived of their liberty, they must receive
p.000069: special protection and assistance from the State, outside the rehabilitation centers, through modalities
...
p.000061: Art. 199.- Legal nature and organic-functional dependency.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 200.- The National Executive Secretary.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 55
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Chapter II
p.000061: The Cantonal Councils for Children and Adolescents
p.000061: Art. 201.- Legal nature.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 202.- Functions.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 203.- Constitution and integration.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 204.- The Executive Secretariat.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: TITLE IV
p.000061: OF THE BODIES OF PROTECTION, DEFENSE AND DEMANDABILITY OF RIGHTS
p.000061: Chapter I
p.000061: The Cantonal Boards for the Protection of Rights
p.000061: Art. 205.- Legal Nature.- The Cantonal Boards for the Protection of Rights are operating level bodies, with
p.000061: administrative and functional autonomy, which have as a public function the protection of rights
p.000061: individual and collective of children and adolescents, in the respective canton.
p.000061: They will be organized by each municipality at the cantonal or parish level, according to their social development plans.
p.000061: They will be financed by the Municipality with the resources established in this Code and more laws.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 299, 304
p.000061: Article 206.- Functions of the Cantonal Boards for the Protection of Rights.- Corresponds to the Boards of
p.000061: Protection of Rights:
p.000061: a) Know, ex officio or at the request of a party, the cases of threat or violation of rights
p.000061: boys and girls and adolescents individuals within the jurisdiction of the respective canton; and arrange the measures
p.000061: administrative protection that are necessary to protect the threatened right or restore the violated right;
p.000061: b) Monitor the execution of its measures;
p.000061: c) File the necessary actions before the competent judicial bodies in cases of
p.000061: failure to comply with its decisions;
p.000061: d) Require from public officials of the central and sectional administration, the information and
p.000061: documents that they require for the fulfillment of their functions;
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 56
p.000061: eSilec Professional - www.lexis.com.ec
...
p.002014: deprivation of liberty socio-educational measure, will remain in a special section in the same
p.002014: Teenage offenders.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 389.- Emerging exits.- The adolescent is guaranteed emergent exit from the center of
p.002014: institutional internment for:
p.002014: a) Receive specialized medical attention, when it cannot be provided at the center.
p.002014: b) Attend the burial of their ascendants or descendants in the first degree, their spouse or partner in common law, as well
p.002014: as if to visit them in their bed of serious illness.
p.002014: In these cases, the exits will be carried out under the supervision of the Specialized Police for Children and
p.002014: Adolescence, which will be responsible for returning the adolescent to the center, once the need has been met.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 390.- Comprehensive care model.- Socio-educational measures must be progressively fulfilled according to the
p.002014: individualized program and the guidelines of the comprehensive care model provided by the Regulations issued
p.002014: for its effect.
p.002014: The comprehensive care model is developed on five axes:
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 103
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 1. Self-esteem and autonomy: Awareness of responsibility for their actions, their human development will be promoted
p.002014: comprehensive and respect for the Law.
p.002014: 2. Education: constant learning will be encouraged, for which the entrance, re-entry and permanence in the
p.002014: the educational system, so that the use of free time will be aimed at pedagogical use
p.002014: educational.
p.002014: 3. Comprehensive health: there will be a comprehensive medical and clinical history. Constant checks will be made for the
p.002014: timely detection of possible diseases and provide preventive and curative health in addition to programs
p.002014: help, orientation and treatment in case of addictions and others.
p.002014: 4. Occupational work: To guarantee quality training that enables the older adolescent
p.002014: of fifteen years develop skills for insertion in the labor market, generating strategies of
p.002014: micro entrepreneurship, training activities will be implemented in different areas.
p.002014: 5. Family or affective ties: To promote the constant bond that benefits family and social reintegration
p.002014: activities will be planned to recover, build, maintain and strengthen the family ties of the
p.002014: adolescent with his family of origin or with those people who created bonds of affection and who are a reference for his
p.002014: lifetime.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: TITLE II
...
General/Other / Incapacitated
Searching for indicator incapacity:
(return to top)
p.000069: Residents in Ecuador who travel outside the country with one of their parents must have the authorization of the
p.000069: other.
p.000069: In case they travel alone or with third parties, they require the authorization of both parents, unless one of them
p.000069: be deprived of parental authority; or failing that, with the authorization of the Judge.
p.000069: When traveling alone or in the company of third parties, the departure authorization must state the reason for the
p.000069: travel, the time they will remain outside the country and the precise place of their residence abroad. If it's about
p.000069: departure for a period of more than six months, the authority that issued the authorization will immediately place it in
p.000069: knowledge of the Ministry of Foreign Affairs that must permanently control the location, activities
p.000069: and general state of the children and adolescents who have left the country in these conditions.
p.000069: No authorization is required when traveling in the company of the two parents or one of them has
p.000069: the authorization of the other being recorded in a public document and duly authenticated if it has been granted in
p.000069: foreignXcountry.
p.000069: Art. 110.- Ways to grant the exit authorization.- The parent (s) may grant the
p.000069: authorization referred to in the previous article before the Judge or a Notary Public.
p.000069: In cases of refusal, absence or incapacity of the father or mother, the other may request it from the Judge, who
p.000069: will grant or deny, with knowledge of the cause, within a period not exceeding fifteen days.
p.000069: Art. 111.- Limitation of parental authority.- When advised by the best interests of the son or daughter, the Judge may
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
...
General/Other / Other Country
Searching for indicator another country:
(return to top)
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 49
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: above, and by the Ombudsman.
p.000061: This action prescribes within two years from the registration of the adoption decision.
p.000061: in the Civil Registry.
p.000061: Those legitimized actively for the exercise of the nullity action have the right to access all
p.000061: the documents and information that on the particular case are necessary.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK III), Arts. 1389
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 75
p.000061: Art. 179.- Monitoring of adoptions.- During the two years following the adoption, the national adopters
p.000061: and the adopted children and adolescents will receive advice and orientation and will be subject to the control of the Unit.
p.000061: Adoption Technique or the care entities that it designates, in order to strengthen ties
p.000061: family that creates the adoption and ensure the full exercise of the rights of the adopted.
p.000061: Chapter IV
p.000061: Of international adoption
p.000061: Art. 180.- Concept.- An international adoption is one in which the candidates for adopters,
p.000061: whatever their nationality, they have their habitual domicile in another State with which Ecuador has signed a
p.000061: adoption agreement; as well as the one in which the adoptive candidate or candidates are foreigners, domiciled in the
p.000061: Ecuador for less than three years.
p.000061: In case of not being domiciled in their country of origin, the applicant must prove a minimum residence of three
p.000061: years in another country with which Ecuador has signed an adoption agreement.
p.000061: Art. 181.- Authorized entities for adoption.- International adoption will be carried out only through entities
p.000061: created and authorized expressly and exclusively for this activity.
p.000061: Art. 182.- Requirements for international adoption.- In addition to the provisions of article 182, for it to take place
p.000061: An international adoption must meet the following requirements:
p.000061: 1. The existence of an international adoption treaty or agreement between Ecuador and the country of residence or
p.000061: origin, as the case may be, of the applicant (s). The country of domicile must comply with the terms established in
p.000061: the Convention on the Rights of the Child and the Hague Convention on the Protection of Children and
p.000061: Cooperation in the Field of International Adoption;
p.000061: 2. In the absence of the provisions of the preceding paragraph, the existence of an adoption agreement between Ecuador and a
p.000061: entity that mediates international adoption, duly accredited by the country of residence or origin, as
p.000061: the cases, provided that this country complies with the provisions of the international instruments mentioned in
p.000061: the previous numeral;
p.000061: 3. The central authority of the country of domicile of the applicants or the competent authority of
p.000061: protection of the rights of children and adolescents, must guarantee the suitability of the procedures and
p.000061: that adopted children and adolescents will enjoy all the guarantees and rights that the country of adoption
p.000061: recognizes its nationals;
p.000061: 4. That in the country of residence or origin of the applicant or applicants, be considered in favor of
p.000061: adopted rights, guarantees and conditions at least equal to those established by law
p.000061: Ecuadorian, including the Convention on the Rights of the Child. On this guarantee, the
p.000061: Technical Adoption Unit in the report to be added to the adoption procedure;
p.000061: 5. That the adoptive candidate or candidates are foreigners domiciled outside the national territory, domiciled in the
p.000061: country for less than three years or residing in another country other than the country of origin for the same period;
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 50
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 6. That the adoptive candidates fulfill the requirements established in article 159 and those of the country of domicile,
p.000061: according to the case; and,
p.000061: 7. Meet the other requirements that this Code requires for adoption in general.
p.000061: Art. 183.- Presentation of the adoption request.- When the candidates for adopters are
p.000061: domiciled abroad, must submit their adoption request through public institutions
p.000061: competent from the country of your domicile or from private institutions duly accredited in the country of residence
p.000061: and authorized by the Ministry in charge of matters of economic and social inclusion, with all
p.000061: background, reports and documents necessary for its study, according to the terms of the respective agreement
p.000061: international.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 184.- Administrative procedure.- The application for international adoption will be submitted to the Technical Unit
p.000061: of Adoptions, the same as in a period not exceeding thirty days and after reviewing the studies made
p.000061: by the competent organisms of the country of residence or origin of the candidates for adopters, will issue a report
p.000061: on compliance with the requirements contained in the law and international conventions, and will declare the suitability
p.000061: of the adopters.
p.000061: If the report of the Technical Adoption Unit reports omissions or errors in the application and its documentation
p.000061: attached, it will notify the petitioner or applicants so that they may complete or rectify it within a period not exceeding sixty
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
p.000069: enough, recreation and play, access to health services, quality education, clothing
p.000069: adequate, safe, hygienic and equipped with basic services.
p.000069: In the case of children and adolescents with disabilities, the State and the institutions that serve them
p.000069: they must guarantee the conditions, technical aids and elimination of architectural barriers for the
p.000069: communication and transportation.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 13, 24
p.000069: Art. 27.- Right to health.- Children and adolescents have the right to enjoy the highest level of health
p.000069: physical, mental, psychological and sexual.
p.000069: The right to health of children and adolescents includes:
p.000069: 1. Free access to public health programs and actions, adequate nutrition and an environment
p.000069: healthy;
p.000069: 2. Permanent and uninterrupted access to public health services, for prevention, treatment
p.000069: disease and health rehabilitation. Public health services are free for children,
p.000069: girls and adolescents who need them;
p.000069: 3. Access to free medicine for children and adolescents who need it;
p.000069: 4. Immediate and effective access to public and private emergency medical services;
p.000069: 5. Information about their health status, according to the evolutionary level of the child or adolescent;
p.000069: 6. Information and education on the basic principles of prevention in health, sanitation
p.000069: environmental, first aid;
p.000069: 7. Attention with procedures and resources of alternative and traditional medicines;
p.000069: 8. Living and developing in a stable and affective environment that allow them adequate emotional development;
p.000069: 9. Access to services that strengthen the emotional bond between the boy and girl and their mother and father; and,
p.000069: 10. The right of mothers to receive adequate prenatal and postnatal health care.
p.000069: The sale of narcotic drugs, psychotropic substances and others that may cause addiction is prohibited.
p.000069: alcoholic beverages, industrial glues, tobacco, firearms and explosives of any kind, to
p.000069: boys, girls and adolescents.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 43, 45, 46, 360, 362, 363
p.000069: Art. 28.- Responsibility of the State in relation to this right to health.- They are obligations of the State, which
p.000069: through the Ministry of Health:
p.000069: 1. Prepare and implement the policies, plans and programs that favor the enjoyment of the right
p.000069: contemplated in the previous article;
p.000069: 2. Promote the initiatives necessary to expand the coverage and quality of health services, particularly
...
p.000069: 3. Promote interdisciplinary action in the study and early diagnosis of delays in
p.000069: development, so that they receive the appropriate treatment and stimulation;
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 6
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 4. Guarantee the provision of free medicine for children and adolescents;
p.000069: 5. Control the application of the complete vaccination schedule;
p.000069: 6. Develop educational programs for parents and other caregivers of children,
p.000069: girls and adolescents, to provide instruction in the basic principles of their health and nutrition, and in the advantages
p.000069: environmental hygiene and sanitation; and,
p.000069: 7. Organize specific care services for children and adolescents with physical, mental or
p.000069: sensory.
p.000069: Art. 29.- Obligations of the parents.- Corresponds to the parents and other persons in charge of the
p.000069: care of children and adolescents, provide health care that is within their reach and ensure the
p.000069: compliance with prescriptions, controls and medical and health provisions.
p.000069: Art. 30.- Obligations of health establishments.- Public and private health establishments,
p.000069: whatever their level, they are required to:
p.000069: 1. Provide emergency medical services to all children and adolescents who require them, without demanding payment
p.000069: advance or guarantees of any nature. This attention cannot be denied on the pretext of absence
p.000069: of the legal representative, the lack of financial resources, the lack of space, the cause or origin of the emergency or
p.000069: another similar circumstance;
p.000069: 2. Inform about the health status of the child or adolescent, their parents or
p.000069: representatives;
p.000069: 3. Maintain individual records stating the care and monitoring of pregnancy, childbirth and the puerperium; and
p.000069: updated records of the mother's personal data, permanent address and family references;
p.000069: 4. Identify newborns immediately after delivery, by registering their
p.000069: fingerprints and plantar prints and the mother's first name, last name, age and fingerprint; and
p.000069: issue the corresponding legal certificate for immediate registration in the Civil Registry;
p.000069: 5. Inform the parents in a timely manner of the legal requirements and procedures for the child's enrollment.
p.000069: or girl in the Civil Registry;
p.000069: 6. Guarantee the safe permanence of the newborn with his mother, until both are in
p.000069: health conditions that allow them to subsist safely outside the establishment;
p.000069: 7. Diagnosis and medical follow-up of children born with pathological problems or
p.000069: disabilities of any kind;
p.000069: 8. Inform the parents in a timely manner about the ordinary and special care they must provide to the newborn
p.000069: born, especially to children who have been found to have a disability;
...
p.000069: 4. Granting of aid tickets in favor of the boy, girl or adolescent, against the person
p.000069: aggressor
p.000069: 5. Warning to the aggressor;
p.000069: 6. Insertion of the aggressor in a specialized care program;
p.000069: 7. Order of departure of the aggressor from the house, if his coexistence with the victim involves a risk to
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 20
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: the physical, psychological or sexual security of the latter; and re-entry of the victim, if applicable;
p.000069: 8. Prohibition of the aggressor from approaching the victim or maintaining any type of contact with her;
p.000069: 9. Prohibition of the aggressor from making threats, directly or indirectly, against the victim or his relatives;
p.000069: 10. Suspension of the aggressor in the tasks or functions that he performs;
p.000069: 11. Suspension of the operation of the entity or establishment where the abuse occurred
p.000069: institutional, while the conditions that justify the measure last;
p.000069: 12. Participation of the aggressor or the staff of the institution in which the institutional abuse has occurred,
p.000069: in workshops, courses or any type of training events; and,
p.000069: 13. Follow-up by the social work teams, to verify the rectification of the
p.000069: abusive behaviors.
p.000069: In emergency cases that provide serious indications of aggression or threat to physical integrity,
p.000069: psychological or sexual of the boy, girl or adolescent or of flagrant crime, the authorized attention entities may
p.000069: provisionally execute the measures of numerals 2 to 9, 12 and 13, and report it to the authority
p.000069: competent within a maximum period of seventy-two hours, to order the final measures.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 80.- Legal medical examinations.- Legal medical examinations of a boy, girl or adolescent will be practiced in
p.000069: strict conditions of confidentiality and respect for the intimacy and physical and emotional integrity of the patient.
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
...
p.000061: 4. The order of insertion of the child or adolescent or of the person involved in the threat or violation of the
p.000061: right, in any of the protection programs contemplated by the System and which, in the judgment of the competent authority,
p.000061: it is the most appropriate according to the type of violating act, such as the order to carry out investigations
p.000061: necessary for the identification and location of the child or adolescent or their relatives and the
p.000061: clarification of the social, family and legal situation of the child or adolescent, the order to execute
p.000061: a specific action for the restitution of the violated right, such as: imposing on parents the
p.000061: enrollment of the child or adolescent in the Civil Registry or arrange for a health facility to provide
p.000061: urgent care or that an educational establishment proceed to enroll it, etc .;
p.000061: 5. The temporary removal of the person who has threatened or violated a right or guarantee, from the place where they live with
p.000061: the affected child or adolescent; and,
p.000061: 6. Emergency custody of the affected child or adolescent, in a family home or a care entity,
p.000061: up to seventy-two hours, during which time the Judge will order the corresponding protection measure.
p.000061: The following are judicial measures: foster care, institutional foster care and adoption.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 67
p.000061: Art. 218.- Competent authority and authorized entities.- They are competent to order the measures of
p.000061: protection referred to in this title, the Judges of Children and Adolescents, the Cantonal Protection Boards of
p.000061: Rights and care entities in the cases contemplated in this Code.
p.000061: Judicial protection measures can only be ordered by the Children's Judges and
p.000061: Adolescence.
p.000061: Administrative measures can be ordered interchangeably by the Children's Judges and
p.000061: Adolescence and the Cantonal Boards for the Protection of Rights, according to those who have prevented the knowledge of the
p.000061: facts that justify them.
p.000061: Care entities may only order administrative protection measures, in cases expressly
p.000061: provided for in this Code.
...
p.000061: public the police or judicial records of the adolescents that have been investigated,
p.000061: prosecuted or deprived of their liberty for a criminal offense, in contravention of the provisions
p.000061: by article 53;
p.000061: 4. Those who use the image of a child or adolescent in any means of communication or advertising resource
p.000061: without the express authorization of the latter or his legal representative; and,
p.000061: 5. Natural or legal persons who distort, ridicule or exploit through any means the image of
p.000061: children or adolescents with disabilities.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 66
p.000061: Art. 252.- Infractions related to adoption.- They will be sanctioned with the fine indicated in the article
p.000061: 248:
p.000061: 1. Those who condition consent for adoption to any consideration of a character
p.000061: economic; and,
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE - Page 67
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 2. The tutor who adopts his pupil without having previously approved the accounts of his administration.
p.000061: Article 253.- Other infractions sanctioned with a fine.- They will be sanctioned with the fine indicated in article 248:
p.000061: 1. The directors of health facilities that deny the provision of emergency medical services to a
p.000061: boy, girl or adolescent; or the safe stay of a newborn with his mother; or that in any way
p.000061: breaches the obligations described in article 30, if it does not result in death or serious and permanent damage
p.000061: for health, the child, adolescent or mother;
p.000061: 2. Payers, or those who substitute for them, in the public or private sector, who do not comply with the resolution
p.000061: court ordering the withholding of compensation of an employee, worker, retired or retired for the payment of a
p.000061: alimony in favor of a boy, girl or adolescent;
p.000061: 3. The legal representatives of the attention entities that do not fulfill the obligations indicated in the
p.000061: Article 211. The same sanction shall be incurred, in cases of similar non-compliance, by natural persons who have
p.000061: his position a protection program;
p.000061: 4. Public officials, of the central and sectional administration, who do not send the information in a timely manner and
p.000061: documents that are required by the Cantonal Boards of Protection of Rights or the Municipalities, for the
p.000061: fulfillment of its functions;
p.000061: 5. The judge ministers, members of the Cantonal Councils for Children and Adolescents and of the Protection Boards
p.000061: of Rights and municipalities, judges and public officials, who refuse to hear a boy, girl or
p.000061: adolescent, who are in a position to express their opinion, in those matters that are of interest to them;
...
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p.000069: The best interests of the child is a principle of interpretation of this Law. No one may invoke it.
p.000069: against express norm and without previously listening to the opinion of the child or adolescent involved, who is in
p.000069: conditions to express it.
p.000069: Art. 12.- Absolute priority.- In the formulation and execution of public policies and in the provision of resources,
p.000069: absolute priority must be assigned to children and adolescents, who will also ensure preferential access to
p.000069: public services and any kind of attention they require.
p.000069: Special priority will be given to the care of children under the age of six.
p.000069: In the event of conflict, the rights of children and adolescents prevail over the rights of others.
p.000069: Art. 13.- Progressive exercise.- The exercise of rights and guarantees and compliance with the
p.000069: Duties and responsibilities of children and adolescents will be done progressively, according to their
p.000069: degree of development and maturity. Any restriction on the exercise of these rights and guarantees that is not
p.000069: expressly contemplated in this Code.
p.000069: Art. 14.- Application and interpretation more favorable to the child and adolescent.- No judicial authority or
p.000069: administrative may invoke lack or insufficiency of rule or express procedure to justify the violation or
p.000069: ignorance of the rights of children and adolescents.
p.000069: The rules of the legal system, the clauses and stipulations of acts and contracts involving children,
p.000069: girls or adolescents, or that refer to them, must be interpreted according to the principle of the best interest of the
p.000069: boy.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 18
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 169
p.000069: TITLE III
p.000069: RIGHTS, GUARANTEES AND DUTIES
p.000069: Chapter I
p.000069: General disposition
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 3
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 15.- Ownership of rights.- Children and adolescents are subjects of rights and guarantees
p.000069: and, as such, they enjoy all those that the laws contemplate in favor of people, in addition to those
p.000069: age specific.
p.000069: Foreign children and adolescents who are under the jurisdiction of Ecuador, will enjoy the
p.000069: Same rights and guarantees recognized by law to Ecuadorian citizens, with the limitations established in
p.000069: the Constitution and in the laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 13 CIVIL CODE (BOOK I), Arts. 43
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 9, 45, 61, 62
p.000069: Art. 16.- Nature of these rights and guarantees.- By their nature, the rights and guarantees of childhood and
p.000069: adolescence are of public order, interdependent, indivisible, inalienable and intransigible, except for
p.000069: exceptions expressly stated in the law.
p.000069: Art. 17.- Legal duty to denounce.- Every person, including the judicial authorities and
p.000069: administrative, that by any means is aware of the violation of a right of the child or adolescent,
p.000069: is obliged to report it to the competent authority, within a maximum period of forty-eight hours.
p.000069: Art. 18.- Enforceability of rights.- The rights and guarantees that the laws recognize in favor of the boy, girl and
p.000069: adolescent, they are powers whose observance and protection are required of people and organizations
p.000069: responsible for ensuring its effectiveness, in the way that this Code and other laws establish for that purpose.
p.000069: Art. 19.- Sanctions for violation of rights.- Violations of the rights of children and adolescents will be
p.000069: sanctioned in the manner prescribed in this Code and other laws, without prejudice to the corresponding reparation as
p.000069: consequence of civil liability.
p.000069: Matches:
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 245, 248
p.000069: Chapter II
p.000069: Survival rights
p.000069: Art. 20.- Right to life.- Children and adolescents have the right to life from their
p.000069: conception. It is the obligation of the State, society and the family to ensure by all means at their disposal, their
p.000069: survival and development.
p.000069: Genetic and medical experiments and manipulations from fertilization of the ovum to the birth of
p.000069: boys, girls and adolescents; and the use of any technique or practice that endangers your life or affects your
p.000069: integrity or comprehensive development.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 23, 49
p.000069: Art. 21.- Right to know the parents and maintain relationships with them.- Children and adolescents have
...
p.000069: parent who registers it, without prejudice to the right to obtain legal recognition
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 8
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: from the other parent.
p.000069: If the identity or address of both parents is unknown, the child or adolescent
p.000069: will register by judicial or administrative order, with two names and two surnames in common use in the country. Will be respected
p.000069: the name by which it has been known and your opinion will be taken into account when possible. Registration may be
p.000069: requested by the person in charge of the protection program in charge of the child or by the Protection Board of
p.000069: Rights. Once the registration has been made, the Cantonal Head of the Civil Registry will inform the case of the
p.000069: Office of the Ombudsman of the corresponding jurisdiction, to initiate negotiations
p.000069: extrajudicial tending to clarify the filiation of the boy and girl and later
p.000069: voluntary recognition or file the action to have it declared judicially.
p.000069: The substitution, confusion or deprivation of verified or resolved by the competent judicial or administrative authority
p.000069: identity or any of its elements, the Civil Registry will immediately initiate the appropriate procedures
p.000069: to restore it at no cost to the affected.
p.000069: Children of the indigenous communities, towns and nationalities of the country have the right to
p.000069: be registered with proper names of the respective language. The Civil Registry authorities have the obligation to
p.000069: register these names without any limitation or objection.
p.000069: Matches:
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 64 CIVIL CODE (BOOK I), Arts. 60
p.000069: GENERAL LAW OF CIVIL REGISTRY IDENTIFICATION AND IDENTIFICATION, Arts. 32
p.000069: Art. 37.- Right to education.- Children and adolescents have the right to a quality education. East
p.000069: Law demands an educational system that:
p.000069: 1. Guarantee the access and permanence of all boys and girls to basic education, as well as
p.000069: adolescent through high school or its equivalent;
p.000069: 2. Respect the cultures and specificities of each region and place;
p.000069: 3. Consider flexible and alternative educational proposals to meet the needs of all
p.000069: Children and adolescents, with priority for those who have disabilities, work or live in a situation that requires
...
p.000069: Competent prosecutor, for the purposes of the law, without prejudice to administrative investigations and sanctions
p.000069: that correspond in the educational field.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 10
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 42.- Right to education of children and adolescents with disabilities.- Children and adolescents
p.000069: with disabilities have the right to inclusion in the educational system, to the extent of their level of disability.
p.000069: All educational units are obliged to receive them and to create the physical and pedagogical supports and adaptations of
p.000069: evaluation and promotion appropriate to your needs.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 11, 46, 47, 48
p.000069: Art. 43.- Right to cultural life.- Children and adolescents have the right to participate
p.000069: freely in all expressions of cultural life.
p.000069: In the exercise of this right they can access any public show that has been qualified
p.000069: as suitable for his age, by the competent authority.
p.000069: It is the obligation of the State and sectional governments to promote cultural, artistic and
p.000069: sports to which children and adolescents have access.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 19, 22, 377
p.000069: Art. 44.- Cultural rights of indigenous and black or Afro-Ecuadorian peoples.- All care and
p.000069: care for children and adolescents of nationalities and indigenous peoples, black or Afro-Ecuadorian, shall
p.000069: respect the worldview, cultural reality and knowledge of their respective nationality or people and take into account their
p.000069: specific needs, in accordance with the Constitution and the law.
p.000069: Public and private care entities that provide services to such children and
p.000069: adolescents, must coordinate their activities with the corresponding entities of those nationalities or
p.000069: towns.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 21, 45, 57, 58, 377
p.000069: Art. 45.- Right to information.- Children and adolescents have the right to search and choose
p.000069: information; and to use the different means and sources of communication, with the limitations
p.000069: established in the law and those derived from the exercise of parental authority.
p.000069: It is the duty of the State, society and the family to ensure that children and adolescents receive a
p.000069: adequate, truthful and pluralistic information; and provide them with guidance and critical education that allows them
p.000069: properly exercise the rights indicated in the previous paragraph.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 16, 18, 19, 94
p.000069: Art. 46.- Prohibitions related to the right to information.- It is prohibited:
p.000069: 1. The circulation of publications, videos and recordings aimed at and intended for children and
p.000069: adolescence, containing images, texts or messages inappropriate for their development; and any form of
p.000069: access of children and adolescents to these media;
p.000069: 2. The dissemination of inappropriate information for children and adolescents during family hours,
p.000069: nor in publications aimed at the family and children and adolescents; and,
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 11
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: 3. The circulation of any product intended for children and adolescents, with packaging containing
p.000069: inappropriate images, texts or messages for its development.
...
p.000069: educators and caregivers; Whatever the means used for the effect, its consequences and
p.000069: the time necessary for the recovery of the victim. The treatment is included in this rating
p.000069: negligent or serious or repeated negligence in fulfilling the obligations towards children and
p.000069: adolescents, relating to the provision of food, nutrition, medical care, education or care
p.000069: newspapers; and its use in begging.
p.000069: Psychological abuse is the one that causes emotional disturbance, psychological alteration or a decrease in self-esteem
p.000069: in the child or adolescent attacked. Threats to cause damage to
p.000069: your person or property or those of your parents, other relatives or persons in charge of your care.
p.000069: Abuse is institutional when committed by a server of a public or private institution, as a result of
p.000069: application of regulations, administrative or pedagogical practices accepted expressly or tacitly by the
p.000069: institution; and when your authorities have known it and have not taken the measures to prevent it, do so
p.000069: cease, remedy it and sanction it immediately.
p.000069: The responsibility for institutional abuse rests with the author of the abuse and the legal representative,
p.000069: authority or person in charge of the institution or establishment to which it belongs.
p.000069: In the case of the legal representatives, authorities or heads of the institution or
p.000069: establishment, the responsibility will be effective in accordance with the provisions provided in the Constitution
p.000069: Republic Policy, in the Civil Code and other applicable laws.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 28 CIVIL CODE (BOOK I), Arts. 571
p.000069: CIVIL CODE (BOOK IV), Arts. 1464, 1981, 1983, 1998, 2035, 2058, 2064, 2076 LAW AGAINST VIOLENCE OF WOMEN AND
p.000069: FAMILY, Arts. 2, 4 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. eleven
p.000069: Art. 68.- Concept of sexual abuse.- Without prejudice to the provisions of the Penal Code on the matter,
p.000069: For the purposes of this Code, all physical contact, suggestion of
p.000069: sexual nature, to which a boy, girl or adolescent submits, even with their apparent consent,
p.000069: through seduction, blackmail, intimidation, deception, threats, or any other means.
p.000069: Any form of sexual harassment or abuse will be brought to the attention of the competent Tax Agent for the purposes of the
p.000069: law, without prejudice to the corresponding administrative investigations and sanctions.
p.000069: Matches:
p.000069: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 4
...
p.000069: between adults and boys, girls and adolescents, and of these among themselves, especially in the environment of their daily life.
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 19
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Administrative, pedagogical, training, traditional cultural practices, protection, care,
p.000069: care and of any other kind carried out by any public or private institution, must respect the
p.000069: rights and guarantees of children and adolescents, and to exclude all forms of mistreatment and abuse.
p.000069: Art. 76.- Cultural practices of mistreatment.- It will not be admitted as justification of the practices to which it refers
p.000069: neither this mitigation nor the effect of establishing the consequent responsibilities, the allegation
p.000069: that they constitute training methods or that they are traditional cultural practices.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 9
p.000069: Art. 77.- Protection against the illegal transfer and retention of children and adolescents. - The transfer is prohibited.
p.000069: and the retention of children and adolescents when they violate the exercise of parental authority, the
p.000069: visiting regime or the rules on authorization to leave the country.
p.000069: Children and adolescents who have been transferred or held illegally, have the right to be reinstated to
p.000069: their family environment and to enjoy visits from their parents and other relatives in accordance with the provisions of this
p.000069: Code.
p.000069: The State will take all the necessary measures to achieve the family return and reintegration of the child or
p.000069: adolescent who is in the situation provided for in this article.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272, 283
p.000069: Art. 78.- Right to protection against other forms of abuse.- Children and adolescents have the right to be
p.000069: provide protection against:
p.000069: 1. The consumption and improper use of alcoholic beverages, tobacco, narcotic drugs and psychotropic substances;
p.000069: 2. Participation in the production, marketing and advertising of the substances and objects to which the
p.000069: numerals 1 and 3;
p.000069: 3. The use of weapons, explosives and substances that endanger his life or personal integrity;
p.000069: 4. Public exposure of their organic or functional diseases or disabilities, to obtain
p.000069: economic benefits; and,
p.000069: 5. Induction to gambling.
...
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 20
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: the physical, psychological or sexual security of the latter; and re-entry of the victim, if applicable;
p.000069: 8. Prohibition of the aggressor from approaching the victim or maintaining any type of contact with her;
p.000069: 9. Prohibition of the aggressor from making threats, directly or indirectly, against the victim or his relatives;
p.000069: 10. Suspension of the aggressor in the tasks or functions that he performs;
p.000069: 11. Suspension of the operation of the entity or establishment where the abuse occurred
p.000069: institutional, while the conditions that justify the measure last;
p.000069: 12. Participation of the aggressor or the staff of the institution in which the institutional abuse has occurred,
p.000069: in workshops, courses or any type of training events; and,
p.000069: 13. Follow-up by the social work teams, to verify the rectification of the
p.000069: abusive behaviors.
p.000069: In emergency cases that provide serious indications of aggression or threat to physical integrity,
p.000069: psychological or sexual of the boy, girl or adolescent or of flagrant crime, the authorized attention entities may
p.000069: provisionally execute the measures of numerals 2 to 9, 12 and 13, and report it to the authority
p.000069: competent within a maximum period of seventy-two hours, to order the final measures.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66
p.000069: Art. 80.- Legal medical examinations.- Legal medical examinations of a boy, girl or adolescent will be practiced in
p.000069: strict conditions of confidentiality and respect for the intimacy and physical and emotional integrity of the patient.
p.000069: Unless this is essential for treatment and recovery, it is prohibited to resubmit a child; girl or
p.000069: adolescent victim of any of the forms of mistreatment or abuse indicated in this title, to the same exam or
p.000069: legal medical examination.
p.000069: The health professionals who carry out these exams are obliged to keep in conditions of
p.000069: security the evidence found; and to give their own testimony on the content of their reports.
p.000069: The reports of said examinations, carried out by professionals from public health establishments or
p.000069: private and authorized attention entities, will have legal value of expert report.
p.000069: TITLE V
p.000069: OF THE WORK OF CHILDREN AND ADOLESCENTS
p.000069: Chapter I
p.000069: General disposition
p.000069: Art. 81.- Right to protection against labor exploitation.- Children and adolescents have
p.000069: the right to be protected by the State, society and the family against labor and economic exploitation and any
...
p.000069: fulfillment of their duties;
p.000069: 2. Assist, according to their age and ability, their parents who need help, especially
p.000069: in case of illness, during the elderly and when they have a disability that does not allow them
p.000069: fend for themselves; and,
p.000069: 3. Collaborate in household chores, according to their age and development, as long as they do not interfere with their activities
p.000069: educational and integral development.
p.000069: They must not leave the home of their parents or those responsible for their care, or the one assigned to them,
p.000069: without authorization from those. If the abandonment of the home occurs, the Judge will investigate the case and after
p.000069: hearing the child or adolescent, will provide for reintegration into the home or other protection measure if it is not
p.000069: possible or inconvenient.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 265
p.000069: TITLE II
p.000069: OF THE HOMELAND POTESTAD
p.000069: Art. 104.- Legal Regime.- Regarding parental authority, the provisions of the Civil Code will be followed without prejudice to
p.000069: what is established in the following articles.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 283
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 69
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 27
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 105.- Concept and content.- Parental authority is not only the set of rights but also of
p.000069: obligations of parents regarding their non-emancipated sons and daughters, regarding care, education, development
p.000069: comprehensive, defense of children's rights and guarantees in accordance with the Constitution and the law.
p.000069: Matches:
p.000069: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 45, 46, 69
p.000069: Art. 106.- Rules to entrust the exercise of parental authority.- To entrust parental authority in cases
p.000069: provided for in article 325 of the Civil Code, the Judge, after hearing the adolescent, the boy or girl who are in
p.000069: conditions to express their opinion will observe the following rules:
p.000069: 1.- What the parents agree will be respected as long as this does not harm the rights of the son or daughter;
p.000069: 2.- In the absence of agreement of the parents or if what is agreed by them is inconvenient for the best interest of the
p.000069: son or daughter of a family, the parental authority of those who have not reached twelve years of age will be entrusted to the mother,
p.000069: Unless it is proven that this damages the rights of the son or daughter;
p.000069: 3.- In the case of sons or daughters who have completed twelve years, parental authority will be entrusted to
p.000069: parent who shows greater emotional stability and psychological maturity and who are in better
p.000069: conditions to give the sons and daughters the dedication they need and a stable family environment for their
p.000069: integral development;
p.000069: 4.- If both parents demonstrate the same conditions, the mother will be preferred, provided that it does not affect the interest
p.000069: superior of the son or daughter;
p.000069: 5.- In no case will this power be entrusted to the father or mother who is in any of the causes of
p.000069: deprivation referred to in article 113; and,
p.000069: 6.- In case of lack or inability of both parents to exercise parental authority, the Judge will appoint
p.000069: a tutor according to the general rules.
p.000069: The opinion of sons and daughters under the age of twelve will be valued by the Judge, considering the degree of development of
p.000069: who issues it. That of adolescents will be mandatory for the Judge, unless it is manifestly harmful to
p.000069: its integral development.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 304, 305, 306, 307
p.000069: Art. 107.- Exercise of parental authority in case of subsequent recognition.- The recognition
p.000069: the son's or daughter's right gives the right to exercise parental authority.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 24 CIVIL CODE (BOOK I), Arts. 63, 247, 252
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 64
p.000069: Article 108.- Suspension of legal representation due to conflict of interest.- Representation is suspended
p.000069: legal in the case of acts, contracts or lawsuits in which there are or may exist conflicting interests
p.000069: between the son or the daughter and who or those who exercise it. In these cases, the parent or
p.000069: mother who is not in conflict of interest, or the special conservator appointed by the Judge if the interest
p.000069: disables them both.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 303, 304, 305, 306, 307
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: CODE OF CHILDHOOD AND ADOLESCENCE - Page 28
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 109.- Authorization to leave the country.- Ecuadorian and foreign children and adolescents
p.000069: Residents in Ecuador who travel outside the country with one of their parents must have the authorization of the
p.000069: other.
p.000069: In case they travel alone or with third parties, they require the authorization of both parents, unless one of them
p.000069: be deprived of parental authority; or failing that, with the authorization of the Judge.
p.000069: When traveling alone or in the company of third parties, the departure authorization must state the reason for the
p.000069: travel, the time they will remain outside the country and the precise place of their residence abroad. If it's about
p.000069: departure for a period of more than six months, the authority that issued the authorization will immediately place it in
p.000069: knowledge of the Ministry of Foreign Affairs that must permanently control the location, activities
p.000069: and general state of the children and adolescents who have left the country in these conditions.
p.000069: No authorization is required when traveling in the company of the two parents or one of them has
p.000069: the authorization of the other being recorded in a public document and duly authenticated if it has been granted in
p.000069: foreignXcountry.
p.000069: Art. 110.- Ways to grant the exit authorization.- The parent (s) may grant the
p.000069: authorization referred to in the previous article before the Judge or a Notary Public.
p.000069: In cases of refusal, absence or incapacity of the father or mother, the other may request it from the Judge, who
p.000069: will grant or deny, with knowledge of the cause, within a period not exceeding fifteen days.
p.000069: Art. 111.- Limitation of parental authority.- When advised by the best interests of the son or daughter, the Judge may
p.000069: decree the limitation of parental authority, with respect to who or those who exercise it, restricting one or
p.000069: more functions, as long as the circumstances that motivated the measure persist, or for the time indicated in it
p.000069: resolution.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 288, 289, 293
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 112.- Suspension of parental authority.- Parental authority is suspended by judicial resolution,
p.000069: for any of the following causes:
p.000069: 1. Unexcused absence of the parent for more than six months;
p.000069: 2. Abuse of the son or daughter, of a gravity that, in the judgment of the Judge, does not justify the deprivation of parental authority
p.000069: in accordance with the provisions of number 1 of article 113;
p.000069: 3. Judicial declaration of interdiction of the parent;
p.000069: 4. Deprivation of liberty by virtue of an enforced conviction;
p.000069: 5. Alcoholism and dependence on narcotic or psychotropic substances, which endanger development
p.000069: integral of the son or daughter; and,
p.000069: 6. When inciting, causing or allowing the minor to execute acts that violate his physical or moral integrity.
p.000069: Once the cause that motivated the suspension has disappeared, the affected parent may request the Judge to
p.000069: restitution of parental authority.
p.000069: Parental authority with respect to one of the parents suspended; will be exercised by the other who does not
p.000069: find disabled. If both are, a guardian will be given to the son or daughter.
p.000069: Matches:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 29
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CIVIL CODE (BOOK I), Arts. 303, 304, 305
p.000069: Art. 113.- Deprivation or judicial loss of parental authority.- Parental authority is lost by
p.000069: court decision, by one or both parents, in the following cases:
p.000069: 1. Physical or psychological, serious or repeated mistreatment of the son or daughter;
p.000069: 2. Sexual abuse of the son or daughter;
p.000069: 3. Sexual, labor or economic exploitation of the son or daughter;
p.000069: 4. Interdiction for cause of dementia;
p.000069: 5. Manifests lack of interest in maintaining with the son or daughter the parental relationships essential for their
p.000069: integral development, for a period of more than six months;
p.000069: 6. Serious or repeated breach of the duties imposed by parental authority; and,
p.000069: 7. Allow or induce begging of the son or daughter.
p.000069: Private one of the parents of parental authority, will exercise the other who is not
p.000069: disabled. If both are, the non-emancipated son will be given a guardian. In the absence of relatives
p.000069: called by law to exercise guardianship either because it does not exist or because they cannot assume it, the Judge will declare in it
p.000069: the decision of deprivation, the adoptability of the child or adolescent.
p.000069: When the behaviors described in this article constitute a crime of public action of official instance,
p.000069: the Judge will send a copy of the file ex officio to the corresponding Prosecutor to initiate the criminal process.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 279, 281, 303, 306, 308, 311, 367, 385
p.000069: Article 114.- Inadmissibility of limiting, suspending or depriving parental authority for economic reasons.- The circumstance of
p.000069: Lack of sufficient financial resources is not causal to limit, suspend or deprive the father or mother
p.000069: of parental authority. Neither will it be done when due to migration motivated by needs
p.000069: economic, the father, the mother or both must temporarily leave the son or daughter in the care of a relative
p.000069: consanguineous throughout the straight line or up to the fourth degree of the collateral line. In this case it can only be suspended
p.000069: parental authority for the purpose of entrusting guardianship to the relative who received the order.
p.000069: Art. 115.- Active legitimation.- They have the action to request the limitation, suspension or deprivation of the homeland.
p.000069: power:
p.000069: 1. The father or mother who is not affected by any of the causes that justify said measures;
p.000069: 2. Relatives up to the fourth degree of consanguinity;
p.000069: 3. The Ombudsman's Office, ex officio or at the request of a party;
p.000069: 4. The Cantonal Rights Protection Board, ex officio or at the request of a party; and,
p.000069: 5. The legal representatives or directors of the care entities in which a child or
p.000069: Teen.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 305, 306
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 72
p.000069: Art. 116.- Protection measures.- In the same resolution that orders the deprivation, suspension or
p.000069: limitation of parental authority, the judge will order one or more protection measures for the child or adolescent and
p.000069: their parents, in order to favor the circumstances that justify a subsequent restitution of this
p.000069: power.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 30
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 117.- Restitution of parental authority.- The Judge, at the request of a party, can restitute the fatherland
p.000069: power in favor of one or both parents, as the case may be, if there is sufficient evidence
p.000069: that if the circumstances that caused their deprivation, limitation or
p.000069: suspension.
p.000069: To order restitution, the Judge must previously hear the person who requested the measure and in any case the son or daughter of
p.000069: according to its evolutionary development.
p.000069: The Judge may also, considering the circumstances of the case, substitute the deprivation or the suspension for the limitation of
p.000069: parental authority, complying with the provisions of the two preceding paragraphs.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 275, 279, 281
p.000069: TITLE III
p.000069: OF THE TENURE
p.000069: Art. 118.- Provenance.- When the Judge deems more convenient for the integral development of the son or daughter of the family,
p.000069: entrust their care and upbringing to one of the parents, without altering the joint exercise of parental authority,
p.000069: It will entrust its tenure following the rules of article 106.
p.000069: You can also entrust the possession with attribution of one or more of the rights and obligations
p.000069: included in parental authority, always taking into account the convenience indicated in the subsection,
p.000069: previous.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 119.- Modifications of tenure resolutions.- Tenure resolutions are not enforceable. The
p.000069: Judge may alter them at any time if it is proven that this is in accordance with the proper enjoyment and exercise of rights.
p.000069: of the family son or daughter.
p.000069: If it is a change of tenure; it will be done in a way that does not produce psychological harm to the son or daughter, to
p.000069: which the Judge must order support measures for the son or daughter and their parents.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 307
p.000069: Art. 120.- Immediate execution.- Resolutions on tenure will be fulfilled immediately, having
p.000069: resort to personal pressure and the search of the home where the child is presumed to be,
p.000069: girl or teenager, if necessary. No jurisdiction will be recognized that prevents or hinders the
p.000069: compliance with the resolution.
p.000069: Matches:
p.000069: CIVIL PROCEDURE CODE, Arts. 924, 925
p.000069: Art. 121.- Recovery of the son or daughter.- When a boy, girl or adolescent has been taken to
p.000069: foreigner in violation of the provisions of this Code and judicial decisions on
p.000069: exercise of parental authority and tenure, the competent State agencies shall arbitrate
p.000069: immediately all the necessary measures for his return to the country. For the same effect, the Judge will exhort the
p.000069: competent judges of the state where the child or
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 31
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Teen.
p.000069: TITLE IV
p.000069: OF THE RIGHT TO VISITS
p.000069: Art. 122.- Obligation.- In all cases in which the Judge entrusts the possession or exercise of parental authority to
p.000069: one of the parents must regulate the regime of visits that the other may make to the son or daughter.
p.000069: When a protection measure has been decreed in favor of the son or daughter due to physical violence,
p.000069: psychological or sexual, the judge may deny the visitation regime with respect to the aggressor parent, or regulate visits
p.000069: in a directed manner, according to the severity of the violence. The Judge will consider this limitation when there is intra violence
p.000069: - family. The measures taken will seek to overcome the causes that determined the suspension.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 272
p.000069: Art. 123.- How to regulate the visitation regime.- For the fixing and modifications of the visitation regime, the Judge
p.000069: The provisions of rule No. 1 of article 106 and the final paragraph of said article shall apply.
p.000069: If there is no agreement between the parents or the relatives requesting the fixation, or if the agreement to which
p.000069: have arrived is inconvenient for the rights of the son or daughter, the judge will regulate the visits taking into account:
p.000069: 1. If it is a parent, the way in which the parent has fulfilled his parental obligations; and,
p.000069: 2. The technical reports they deem necessary.
p.000069: Art. 124.- Extension.- The Judge will extend the regime of visits to ascendants and other blood relatives until
p.000069: the fourth degree of the collateral line, under the conditions contemplated in this title. You can also
p.000069: Do it with respect to other people, relatives or not emotionally linked to the child or adolescent.
p.000069: Art. 125.- Undue retention of the son or daughter.- The father, the mother or any person who unduly retains the
p.000069: son or daughter whose parental authority, possession or guardianship have been entrusted to another, or who hinders the
p.000069: visits, may be judicially required to deliver it immediately to the person who must have it and
p.000069: will be obliged to compensate the damages caused by the undue retention, including the expenses caused by the
p.000069: requirement and restitution.
p.000069: If the requested does not comply with the order, the Judge will decree personal compulsion against him, without
p.000069: prejudice to order, without the need for a prior resolution, the search of the property in which
p.000069: finds or is supposed to find the son or daughter, to achieve recovery.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK I), Arts. 272
p.000069: CIVIL PROCEDURE CODE, Arts. 925, 928
p.000069: TITLE V
p.000069: OF THE RIGHT TO FOOD
p.000069: Note: Title with its respective articles replaced by Law No. 00, published in Official Gazette Supplement 643 of
p.000069: July 28, 2009.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 32
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: CHAPTER I
p.000069: Food law
p.000069: Art. 1.- Scope and relationship with other legal bodies.- This Title regulates the right to food of children,
p.000069: girls, adolescents, and adults considered as holders of rights established in this Law.
p.000069: with respect to other persons who enjoy this right, the provisions on maintenance of the Code will apply
p.000069: Civil.
p.000069: Art. 2.- Of the right to maintenance.- The right to maintenance is inherent to the parental-filial relationship and is
p.000069: related to the right to life, survival and a decent life. It implies the guarantee of providing the
p.000069: resources necessary to satisfy the basic needs of food that includes:
p.000069: 1. Nutritious, balanced and sufficient food;
...
p.000069: imprescriptible, unattachable and does not admit compensation or reimbursement of what was paid, except for pensions of
p.000069: foods that have been previously fixed and have not been paid and from mothers who have made expenses
p.000069: Antenatals that have not been previously recognized, cases in which they can be compensated and transmitted to the
p.000069: heirs.
p.000069: Art. 4.- Holders of maintenance rights.- They have the right to claim maintenance:
p.000069: 1. Girls, boys and adolescents, except the emancipated voluntarily who have their own income, to
p.000069: who will suspend the exercise of this right in accordance with this standard;
p.000069: 2. Adults or adults up to the age of 21 years who demonstrate that they are studying in
p.000069: any educational level that prevents or hinders them from engaging in a productive activity and lack resources
p.000069: own and sufficient; and,
p.000069: 3. People of any age, who have a disability or their physical or mental circumstances prevent them
p.000069: or makes it difficult to procure the means to subsist on their own, as stated in the respective certificate issued
p.000069: by the National Council on Disabilities CONADIS, or the health institution that may have heard of the case
p.000069: that for the purpose must be presented.
p.000069: Art. 5.- Obliged to provide food.- Parents are the main holders of the
p.000069: maintenance obligation, even in cases of limitation, suspension or deprivation of parental authority.
p.000069: In case of: absence, impediment, insufficient resources or disability of the principal,
p.000069: duly verified by the person who alleges it, the competent authority shall order that the provision of food be
p.000069: paid or completed by one or more of the following required subsidiaries, based on their ability
p.000069: economically and as long as they are not disabled, in order:
p.000069: 1. The grandparents;
p.000069: 2. Siblings who have reached the age of 21 and are not included in the cases of numerals two
p.000069: and three from the previous article; and,
p.000069: 3. The uncles / as.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 33
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: The competent authority, based on the order provided in the preceding paragraphs, in the degrees of kinship indicated,
p.000069: simultaneously and based on their resources, they will regulate the proportion in which said relatives will provide the pension
p.000069: alimony, until completing the total amount of the fixed pension or assuming it in its entirety, as the case may be.
p.000069: The relatives who have made the payment may exercise the action of repetition of the payment against the father and / or the
p.000069: mother.
p.000069: The judges will apply ex officio the international instruments ratified by Ecuador in order to
p.000069: guarantee the right to food of children and adolescents, daughters and sons of fathers or mothers
p.000069: that have migrated abroad, and will have all the necessary measures to ensure the effective collection of the
p.000069: pension.
p.000069: The central authority will act diligently to ensure respect for the rights of children and
p.000069: adolescents, and, will respond in case of negligence.
p.000069: Art. 6.- Procedural Legitimation.- They will be entitled to demand the provision of the maintenance right to
p.000069: in favor of a boy, girl or adolescent or people of any age who suffer from a physical disability or
p.000069: mental that prevents them from doing it by themselves:
p.000069: 1. The mother or father in whose care the son or daughter is and, in their absence, the person exercising their
p.000069: legal representation or who is in charge of your care; and,
p.000069: 2. Adolescents over 15 years of age.
p.000069: In order to present the demand, the attorney will not be required. The claimant will present it on the form
p.000069: that for this purpose the Judicial Council will design and publicize. If due to the complexity of the case, the judge or
p.000069: the procedural party considers that legal sponsorship is necessary, will provide for the participation of a public defender or
p.000069: from a private defender, respectively.
p.000069: Art. 7.- Provenance of the right without separation. - The alimony comes even in the cases in which the fed
p.000069: and the obligated coexist under the same roof.
p.000069: The members of the extended family that by virtue of a protection measure ordered by the competent authority or
p.000069: in the exercise of guardianship they are living with children and adolescents who are holders of the right
p.000069: of alimony, no subsidiaries of the alimony will be liable.
p.000069: Art. 8.- Moment from which the maintenance is due.- The maintenance is due from the
p.000069: presentation of the demand. The increase is due from the presentation of the corresponding
p.000069: incident, but its reduction is required only from the date of the resolution that declares it.
p.000069: Art. 9.- Provisional fixation of the alimony. - With the qualification of the claim, the Judge will fix a
p.000069: provisional pension according to the Table of Minimum Alimony that based on the criteria
p.000069: provided for in this law, will prepare the Ministry in charge of economic and social inclusion matters, without
p.000069: notwithstanding that at the hearing, the Judge takes into account the agreement of the parties, which in no case
p.000069: It may be less than what is established in the aforementioned table.
p.000069: When the filiation has not been established, or the relationship in the case of the other relatives
p.000069: consanguineous, the Judge will order the comparative examination in the order to classify the claim
p.000069: of deoxyribonucleic acid (DNA) band or sequence patterns, without impairing binding
p.000069: provisional food.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 34
p.000069: eSilec Professional - www.lexis.com.ec
p.000069: Art. 10.- Obligation of the alleged parent.- The Judge will fix the alimony in favor of the boy, girl or
p.000069: adolescent to a person whose affiliation or kinship in the case of other blood relatives does not
...
p.000069: definitive maintenance, which will be required from the filing date of the demand.
p.000069: c) If the defendant or defendant founds his refusal to practice DNA testing in the
p.000069: Circumstance lacking resources to defray it, the Judge will order that the Ministry of Public Health, to
p.000069: Through a Genetic Research Unit, take the DNA test for free.
p.000069: The demonstration of the lack of resources of the alleged father, mother or blood relative will be admitted.
p.000069: obliged to bear the expenses demanded by the DNA examination, as well as the procedural costs and expenses of the study
p.000069: social, when the study of the technical office proves said particular and in accordance with the test that is
p.000069: act in the respective hearing.
p.000069: DNA testing of the unborn child is prohibited; however it can be done on deceased people,
p.000069: when it is necessary to establish the parent-child relationship.
p.000069: Art. 11.- Conditions for DNA testing.- The comparative examination will have probative value in court.
p.000069: of deoxyribonucleic acid (DNA) band or sequence patterns practiced by specialized laboratories
p.000069: public and private, that have qualified experts by the Prosecutor's Office. In the case of laboratories
p.000069: Private must have the operating permit of the Ministry of Public Health.
p.000069: The identity of the person to whom the sample belongs will be verified by means of the identity card
p.000069: or citizenship or passport or any other mechanism that reliably ensures the identity of the person
p.000069: and, the registration of your fingerprint. Identification and sampling will be done in the presence of the authority that the
p.000069: orders or its delegate, the expert and the parties or those who represent them.
p.000069: DNA test results are confidential. All movement of the sample must be registered with
p.000069: indication of the date, time and the name and identification of the people who intervened. The Judge may
p.000069: arrange for police assistance, the intervention of medical lawyers or other experts at the request of the party
p.000069: interested, to ensure the authenticity and reliability of the taking of samples, their examination, custody and
p.000069: transport.
p.000069: Art. 12.- Responsibility of the experts.- The experts will be administrative, civil and criminal
p.000069: responsible for the procedures and methodology, false or adulterated results of the tests they perform and
p.000069: for the reports they issue, without prejudice to the joint civil liability of the laboratory in which
p.000069: The expertise and disqualification of the expert by the Prosecutor's Office have been practiced. This responsibility extends to
p.000069: facts and acts of the people who intervene under his direction or dependency in said tests or reports.
p.000069: Art. 13.- Sufficiency of the DNA test.- The DNA test with the conditions of suitability and security provided
p.000069: in this law, it will be considered sufficient to affirm or rule out paternity or maternity. Will not be
p.000069: admitted the delay of the cause through the request of new evidence, except
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 35
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p.000069: that it be founded and prove the breach of the conditions provided in this law.
...
p.000069: 1.- The legal or conventional subsidies for family expenses received by the defendant;
p.000069: 2.- Two additional alimony payments to be paid in the months of September and December of each year for
p.000069: the provinces of the Sierra educational system and in the months of April and December for the
p.000069: provinces of the educational regime of the Coast and Galapagos. Payment of additional pensions will be made
p.000069: even if the defendant does not work under a dependency relationship; and, 3.- 5% of the amount of legal profits
p.000069: received by the food provider for family charges, which must be prorated among all those who
p.000069: they are entitled to alimony, when they are entitled to said utilities.
p.000069: Art. 17.- Of the effect of res judicata.- The order that fixes the amount of the alimony and those forced to
p.000069: lending it does not have the effect of res judicata.
p.000069: Art. 18.- Obligations of public and private entities.- If the person obligated to pay maintenance receives remuneration,
p.000069: fees, retirement pension or other income, with or without dependency relationship, the car that fixes the pension
p.000069: Food will be notified to the payer or whoever substitutes it. The entity responsible for making the payment will have the
p.000069: obligation to deposit the fixed pension within the term of 48 hours, counted from the moment in which
p.000069: received the notification from the Judge, for which the original or copy shall be sent to this authority
p.000069: certified deposit. In the same term, the information requested by the Judge on the
p.000069: total income received by the defendant.
p.000069: Failure to comply with the provisions of the preceding paragraph, shall jointly and severally liable the
p.000069: employer, with the respective default interest.
p.000069: If the employer or the entity obliged to provide the information does not do so within 48 hours,
p.000069: hide or provide incomplete or false information about the income that the defendant receives, will not comply with
p.000069: the obligations determined in this law, make difficult or impossible the faithful and timely fulfillment of the obligation
p.000069: food, will be sanctioned, if it is from the private sector, with a fine equivalent to twice the value of the
p.000069: benefit set by the judge and in case of recidivism with a fine equivalent to three times the value of the
p.000069: benefit set by the judge.
p.000069: If the entity is public, the responsible official will be sanctioned, with the value of the fine
p.000069: previously indicated and in case of recidivism, with the dismissal of the post, after the administrative summary
p.000069: correspondent. The same judge who imposed the sanction will be competent to execute the sanctions
p.000069: planned. These fines will be deposited in the account that the claimant has credited for the deposit
p.000069: of alimony.
p.000069: Art. 19.- Payment through the financial system.- In the first ruling the Judge will order that the rightful holder
p.000069: or his representative determines the current or savings account in which the alimony must be deposited.
p.000069: Art. 20.- Breach of what is owed.- In case of default in the payment of two or more pensions
p.000069: alimony, whether or not successive, the Judge will order the prohibition to leave the country of the debtor and its incorporation
...
p.000069: Art. 24.- Other precautionary measures for the obligated subsidiaries.- The prohibition of leaving the country like the others
p.000069: Real precautionary measures provided for in this law, will be imposed on the obligated subsidiaries
p.000069: provided they have been legally summoned with the lawsuit and under legal provisions.
p.000069: Art. 25.- Prohibition of leaving the country.- At the request of the party, in the first order, the judge
p.000069: decree without prior notification, the prohibition to leave the national territory, which
p.000069: will immediately notify the National Directorate of Migration.
p.000069: Art. 26.- Real precautionary measures.- In order to ensure the payment of alimony, the Judge may order
p.000069: any of the real constraints contemplated in the Code of Civil Procedure.
p.000069: Art. 27.- Cessation of constraints.- The prohibition to leave the country and the personal constraint referred to in the
p.000069: previous articles may cease if the obligor yields a real or personal guarantee deemed sufficient by the Judge.
p.000069: In the case of personal guarantee, the guarantor or guarantor will be subject to the same responsibilities and may
p.000069: be subjected to the same constraints as the main debtor.
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p.000069: All other constraints and disqualifications will only cease with the full payment due and their respective
p.000069: interest, in cash or by certified check.
p.000069: Art. 28.- Other Disabilities.- The parent who is in default in the payment of the food benefit does not
p.000069: You can request that the parental authority of the beneficiary son or daughter be handed over, but you can exercise the right to
p.000069: visits regulated in this Code.
p.000069: Art. 29.- Application of these norms in other trials.- Within trials or processes for intra-family violence,
p.000069: claim of filiation, separation of assets, divorce and in general, in any other procedure
p.000069: in which the law expressly contemplates the possibility of requesting food in favor of children and adolescents,
p.000069: The rules established in this law will be compulsorily applied.
p.000069: Art. 30.- Privileged obligation.- The economic provision of food, has first class privilege and is
p.000069: will prefer to any other obligation.
p.000069: Art. 31.- Interest for late payment.- The default interest rate set by the Central Bank of Ecuador or the entity will be applied.
p.000069: state in charge of doing it, for each day of delay in the payment of the provision of food.
p.000069: Art. 32.- Expiration of the right.- The right to receive maintenance is extinguished by any of the following
p.000069: Causes:
p.000069: 1. For the death of the right holder;
p.000069: 2. For the death of all those obliged to pay; and,
p.000069: 3. For having disappeared all the circumstances that generated the right to payment of maintenance according to this law.
p.000069: Art. 33.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000069: Tenure and parental authority must be processed by separate rope. Forbid the counterclaim.
p.000069: CHAPTER II
p.000069: Of the Procedure for the fixation and collection of alimony and survival pensions
p.000069: Art. 34.- The demand.- The demand will be presented in writing, at the domicile of the right holder and in the form
p.000069: that for this purpose the Council of the Judiciary draw up, which will be available on its website. The formula
p.000069: must comply with the requirements established in the Code of Civil Procedure and this law and also
p.000069: It will contain a box in which the claimant identifies the data of the persons who are obligated
p.000069: subsidiaries of the provision of food as determined in article 5 unnumbered of this law; for
p.000069: notifications will indicate court box and / or email address for notifications that
p.000069: correspond to the actor.
p.000069: The Judge who is aware of the lawsuit will maintain his jurisdiction in case the holder of the right
p.000069: He will come of age.
p.000069: In the form that contains the claim, the announcement of evidence that justify the relationship of filiation and
p.000069: kinship of the claimant as well as the financial condition of the provider and in case of having them, the
p.000069: will attach. If you require a court order to obtain evidence, you must request it on the claim form.
p.000069: The defendant may make evidence announcement up to 48 hours before the date set for the single hearing.
p.000069: Art. 35.- Qualification of the demand and summons.- The Judge will qualify the demand within the term of
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p.000069: two days after receipt; will set the provisional alimony based on the pension table;
...
p.000069: Minimum Foodstuffs, plus the percentage of inflation determined by the National Institute of Statistics and Censuses.
p.000069: Alimony will never be lower than the minimum established in the mentioned
p.000069: table, so the lower alimony will be automatically indexed without
p.000069: need for legal action of any nature.
p.000069: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000069: Art. 44.- Sanction for breach of terms and deadlines.- The Judicial Council will sanction with suspension of
p.000069: 30 to 45 days to judges who fail to comply with the terms, deadlines and amounts set forth herein
p.000069: law. In case of recidivism, he will proceed to dismiss the position.
p.000069: Art. 45.- Supplementary norms.- In everything not foreseen in this section, the Contentious Procedure will be applied.
p.000069: General, described in this code and in its absence the provisions of the Code of Civil Procedure.
p.000069: GENERAL DISPOSITION
p.000069: FIRST.- The product of the fines imposed in accordance with this Code, which do not have
p.000069: specific destination, will be sent to the Single National Treasury Account and will serve to finance the
p.000069: DNA testing costs, in the cases provided for in this law or to finance projects
p.000069: related to the reduction of judicial delay in maintenance trials.
p.000069: SECOND: The Family, Woman, Childhood and Adolescence Judges will officiate at the National Electoral Council, to
p.000069: SENRES, the Superintendency of Banks and Insurance, the Mercantile Registrar, the Registrar of the
p.000069: Property and how much authority is required, notifying the name of the debtor, the amount of the obligation due
p.000069: with their respective interests and the obligation to comply and enforce the resolution of disability
p.000069: provided for in this law.
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p.000069: TRANSITORY DISPOSITIONS
p.000069: FIRST.- The National Council for Children and Adolescents, within a period of sixty days from the
p.000069: validity of this law, will prepare and publish the Table of Minimum Alimony, which
p.000069: It must be prepared based on technical studies on the amount required to satisfy the needs.
p.000069: basic of the beneficiaries.
p.000069: Once the National Council for Children and Adolescents becomes one of the National Equality Councils,
p.000069: The updating and setting of the Table of Minimum Alimony will be carried out by the Ministry of Inclusion
p.000069: Social and Economic.
p.000069: SECOND.- The Judicial Council, within a term of up to ninety days from the effective date of the
p.000069: This law will execute a National Program for the Improvement and Modernization of the Family, Women's Courts,
p.000069: Childhood and adolescence. This program will include: the purging of inactive or
p.000069: abandonment; elimination of judicial default through the massive fixing of basic alimony of
p.000069: pursuant to what is determined in this law and the establishment of emerging measures and
p.000069: Immediate to prevent the delay of the judicial decision regarding pension fixing
p.000069: food.
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p.000069: adult adoption in the following cases:
p.000069: a) When they have a relationship of kinship with the candidate for adoption within the fifth degree of consanguinity;
p.000069: b) When they have been integrated into the home of the candidate for adoption in foster care for a period of not less than
p.000069: two years;
p.000069: c) When they have been integrated into the candidate's home since childhood, or since adolescence for a period of
p.000069: less than four years; and,
p.000069: d) When it comes to adopting the spouse's child.
p.000069: In no case may persons over the age of twenty-one be adopted.
p.000069: Article 158.- Legal capacity of the child or adolescent to be adopted.- The Judge may only declare that a child,
p.000069: girl or adolescent is in legal capacity to be adopted, when the investigations
p.000069: carried out is established without a doubt that it is found in any of the following cases:
p.000069: 1. Orphanhood with respect to both parents;
p.000069: 2. Impossibility of determining who are their parents or, where appropriate, their relatives up to the third degree of
p.000069: consanguinity;
p.000069: 3. Deprivation of parental authority to both parents; and,
p.000069: 4. Consent of the father, mother, or both parents, as appropriate, that would not have been
p.000069: deprived of parental authority.
p.000069: In the cases of numerals 1, 3 and 4 the Judge will declare the adoptability whenever, in addition to the circumstances
p.000069: described there, the child or adolescent lacks other relatives up to the third degree of consanguinity, or these
p.000069: are unable to permanently and stable assume their care and protection.
p.000069: The Judge who declares the adoptability of a child or adolescent must notify the Technical Unit of
p.000069: Adoptions of the respective jurisdiction, within a maximum period of ten days from the sentence
p.000069: was executed.
p.000069: Matches:
p.000069: CIVIL CODE (PRELIMINARY TITLE), Arts. 22
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 63
p.000069: Article 159.- Requirements for adopters.- Candidates for adopters must meet the following requirements:
p.000069: 1. Be domiciled in Ecuador or in one of the states with which Ecuador has signed agreements of
p.000069: adoption;
p.000069: 2. Be legally capable;
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p.000069: 3. Be in full exercise of political rights;
p.000069: 4. Be over twenty-five years old.
p.000069: 5. Have an age difference of not less than fourteen nor greater than forty-five years with the
p.000069: adopted. The minimum difference will be reduced to ten years when it comes to adopting the spouse's child or
p.000069: cohabiting, in cases of de facto union that meets legal requirements. These age limitations are not
p.000069: apply to cases of adoption between relatives. For couples, the age limits will apply
p.000069: to the spouse, or younger partner;
p.000069: 6. In the case of a couple of adopters, they must be heterosexual and have been together for more than three years, in marriage or
p.000069: de facto union that meets legal requirements;
p.000069: 7. Enjoy adequate physical and mental health to fulfill parental responsibilities;
p.000069: 8. Have indispensable economic resources to guarantee the adoptee the satisfaction of their needs
p.000069: basic; and,
p.000069: 9. Failure to record a criminal record for crimes punishable by imprisonment.
p.000069: Matches:
p.000069: CIVIL CODE (BOOK IV), Arts. 1462, 1463
p.000069: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 73 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts.
p.000061: 61
p.000061: Art. 160.- Adoption by the guardian.- The guardian can adopt the conservatee once he has legally ceased
p.000061: of his office and the accounts of his administration have been judicially approved.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 252
p.000061: Art. 161.- Necessary consents.- For the adoption the following are required
p.000061: consents:
p.000061: 1. Of the adolescent to be adopted;
p.000061: 2. The father and mother of the child or adolescent to be adopted, who have not been deprived
p.000061: of parental authority;
p.000061: 3. From the guardian of the child or adolescent;
p.000061: 4. Of the spouse or partner of the adopter, in cases of marriage or de facto union that meets the requirements
p.000061: legal; and,
p.000061: 5. The parents of the adolescent father or mother who consents to the adoption of their child.
p.000061: The Judge has the obligation to personally verify, at the corresponding hearing, that the
p.000061: consent has been freely and spontaneously granted; and that the Technical Adoption Unit of the Ministry of
p.000061: Social Welfare has fulfilled the obligations indicated in the following article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK IV), Arts. 1461
p.000061: Art. 162.- Advice to the person who must give consent.- The Technical Unit for Adoptions of the
p.000061: Ministry of Social Welfare will give free advice to the person who must give consent for the
p.000061: adoption, on the meaning and effects of this protection measure; and will propose the alternatives that
p.000061: preserve the family bond after adoption. This unit will prepare a report on compliance with these
p.000061: obligations and will present it to the Judge who knows the adoption.
p.000061: Art. 163.- Prohibited adoptions.- Adoption is prohibited:
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p.000061: adoption agreement; as well as the one in which the adoptive candidate or candidates are foreigners, domiciled in the
p.000061: Ecuador for less than three years.
p.000061: In case of not being domiciled in their country of origin, the applicant must prove a minimum residence of three
p.000061: years in another country with which Ecuador has signed an adoption agreement.
p.000061: Art. 181.- Authorized entities for adoption.- International adoption will be carried out only through entities
p.000061: created and authorized expressly and exclusively for this activity.
p.000061: Art. 182.- Requirements for international adoption.- In addition to the provisions of article 182, for it to take place
p.000061: An international adoption must meet the following requirements:
p.000061: 1. The existence of an international adoption treaty or agreement between Ecuador and the country of residence or
p.000061: origin, as the case may be, of the applicant (s). The country of domicile must comply with the terms established in
p.000061: the Convention on the Rights of the Child and the Hague Convention on the Protection of Children and
p.000061: Cooperation in the Field of International Adoption;
p.000061: 2. In the absence of the provisions of the preceding paragraph, the existence of an adoption agreement between Ecuador and a
p.000061: entity that mediates international adoption, duly accredited by the country of residence or origin, as
p.000061: the cases, provided that this country complies with the provisions of the international instruments mentioned in
p.000061: the previous numeral;
p.000061: 3. The central authority of the country of domicile of the applicants or the competent authority of
p.000061: protection of the rights of children and adolescents, must guarantee the suitability of the procedures and
p.000061: that adopted children and adolescents will enjoy all the guarantees and rights that the country of adoption
p.000061: recognizes its nationals;
p.000061: 4. That in the country of residence or origin of the applicant or applicants, be considered in favor of
p.000061: adopted rights, guarantees and conditions at least equal to those established by law
p.000061: Ecuadorian, including the Convention on the Rights of the Child. On this guarantee, the
p.000061: Technical Adoption Unit in the report to be added to the adoption procedure;
p.000061: 5. That the adoptive candidate or candidates are foreigners domiciled outside the national territory, domiciled in the
p.000061: country for less than three years or residing in another country other than the country of origin for the same period;
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p.000061: 6. That the adoptive candidates fulfill the requirements established in article 159 and those of the country of domicile,
p.000061: according to the case; and,
p.000061: 7. Meet the other requirements that this Code requires for adoption in general.
p.000061: Art. 183.- Presentation of the adoption request.- When the candidates for adopters are
p.000061: domiciled abroad, must submit their adoption request through public institutions
p.000061: competent from the country of your domicile or from private institutions duly accredited in the country of residence
p.000061: and authorized by the Ministry in charge of matters of economic and social inclusion, with all
p.000061: background, reports and documents necessary for its study, according to the terms of the respective agreement
p.000061: international.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 184.- Administrative procedure.- The application for international adoption will be submitted to the Technical Unit
p.000061: of Adoptions, the same as in a period not exceeding thirty days and after reviewing the studies made
p.000061: by the competent organisms of the country of residence or origin of the candidates for adopters, will issue a report
p.000061: on compliance with the requirements contained in the law and international conventions, and will declare the suitability
p.000061: of the adopters.
p.000061: If the report of the Technical Adoption Unit reports omissions or errors in the application and its documentation
p.000061: attached, it will notify the petitioner or applicants so that they may complete or rectify it within a period not exceeding sixty
p.000061: days, after which said Unit will proceed to deny the request or approve it and declare the suitability of the
p.000061: applicants.
p.000061: If the request is rejected, it may be appealed to the Minister of Social Welfare.
p.000061: The relationship and assignment will be made in accordance with the provisions of this Code.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 152
p.000061: Art. 185.- Transfer of the adopted person abroad.- Once the adoption decision has been executed, the Judge will authorize the
p.000061: the adoptee leaves the country only if the following conditions are met:
p.000061: 1. Travel in the company of at least one of the adopters; and,
p.000061: 2. That the central authority confer the certificate referred to in literal d) of article 17 of the Convention of
p.000061: The Hague on international adoptions.
p.000061: Art. 186.- Monitoring of international adoptions.- The State, through the central adoption authority,
p.000061: has the responsibility of periodically monitoring the residence and living conditions of the
p.000061: children and adolescents adopted in accordance with the rules of this title; and to demand that they be taken
p.000061: the measures that are necessary, in accordance with the international instruments in force, to improve said
p.000061: conditions when it is found that they are not suitable for the comprehensive development of the adopted.
p.000061: It is also responsible for annually requesting the foreign centers and institutions that have sponsored
p.000061: international adoptions, the follow-up reports to which they are required under said instruments
p.000061: international.
p.000061: The responsibilities indicated in the preceding paragraphs will cease after two years from the date of
p.000061: adoption. The agreements must stipulate that this monitoring will be quarterly during the first
p.000061: year and semester in the second.
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p.000061: The information gathered by the actions described in this article will be forwarded to the Technical Adoption Unit, which
p.000061: It will keep an updated statistic on the compliance of the different countries and entities of
p.000061: international adoption of the commitments assumed. Failure to submit reports
p.000061: Follow-up will be sufficient cause to terminate the international adoption agreement.
p.000061: Art. 187.- Obligations for adoption entities.- International adoption entities are
p.000061: forced to:
p.000061: 1. Maintain a legal representative in Ecuador;
p.000061: 2. Be covered by a current adoption agreement;
p.000061: 3. Accredit the authorization to manage international adoptions, granted by the central authority
p.000061: of adoptions, or their delegates, of the country of domicile of the adopters where the person will live
p.000061: adopted
p.000061: 4. Have the registration and registration of the program with the Ministry of Social Welfare;
p.000061: 5. Guarantee the capacity for overseas monitoring of adopted children and adolescents;
p.000061: 6. Thoroughly inform applicants of adoption costs; and,
p.000061: 7. Facilitate the access of the competent control authority to your administrative information and
p.000061: financial.
p.000061: Article 188.- International agreements on adoption.- The State may not sign international agreements
p.000061: on adoption that does not at least respect the rights, guarantees and procedures
p.000061: established in the Political Constitution, the Convention on the Rights of the Child, international instruments
p.000061: on the matter, the Hague Convention on the Protection of Children and Cooperation in the Matter of
p.000061: International adoption, this Code and the policies defined by the Ministry in charge of affairs
p.000061: of economic and social inclusion.
p.000061: Said agreements shall stipulate, at least:
p.000061: 1. The minimum requirements to be met by candidates for adopters, which in no case may be less than
p.000061: required for national adoption;
p.000061: 2. The indication of mechanisms for evaluating the agreement;
p.000061: 3. The commitment of accountability in all those matters that are required by the authority
p.000061: central; and,
p.000061: 4. The obligation of the counterparty to send the reports that are requested.
p.000061: In the negotiation of agreements, it should, try to contemplate the prerogative of the country to terminate
p.000061: unilaterally the agreement in case of breach.
p.000061: Note: Article amended by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 66, 69, 45, 46
p.000061: Article 189.- Receptive adoption.- Foreign children and adolescents who by virtue of adoption by
p.000061: Ecuadorians or foreigners residing in Ecuador permanently reside in the country, they will enjoy all
p.000061: rights, guarantees, attributes, duties and responsibilities that the law and international instruments confer
p.000061: according to the national adoption regime.
p.000061: THIRD BOOK
p.000061: OF THE DECENTRALIZED NATIONAL SYSTEM FOR THE INTEGRAL PROTECTION OF CHILDREN AND ADOLESCENTS
p.000061: TITLE I
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p.000061: GENERAL DISPOSITION
p.000061: Art. 190.- Definition and objectives of the system.- The National Decentralized System of Integral Protection
p.000061: to Children and Adolescents is an articulated and coordinated set of organizations, entities and services, public and
p.000061: private, which define, execute; control and evaluate the policies, plans, programs and actions, with
...
p.000061: administrative and judicial actions that are within their reach when necessary, will coordinate their actions with the
p.000061: Ombudsman Office.
p.000061: The Specialized Police for Boys, Girls and Adolescents intervenes in the System exclusively for the fulfillment of
p.000061: the tasks assigned by law to the police forces, which will be carried out in coordination with the other agencies
p.000061: of the System and police forces. It will be made up of technical personnel who have approved courses in
p.000061: specialization in matters related to the protection of the rights of children and adolescents.
p.000061: The regulation will contemplate the specific functions of these organisms within the system.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 215
p.000061: TITLE V
p.000061: OF THE EXECUTING AGENCIES OF THE NATIONAL PROTECTION SYSTEM
p.000061: Art. 209.- Definition and legal nature.- The organisms of execution of policies, plans, programs
p.000061: and projects, are public and private attention entities that are in charge of the execution of
p.000061: policies, plans, programs, projects, actions and measures of protection and sanction, according to the policies and
p.000061: plans defined by the competent bodies and instructions
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p.000061: of the authority that legitimized its operation.
p.000061: Art. 210.- Efficacy and legality of their action.- The attention entities must carry out their activities
p.000061: in the way that ensures the validity and protection of the rights and guarantees of children and
p.000061: adolescents, with strict adherence to the provisions of this Code, the regulations and the
p.000061: instructions from the authority that legitimized its operation.
p.000061: Art. 211.- Obligations of the attention entities.- The attention entities and the programs they execute must
p.000061: comply with the following general obligations:
p.000061: a) Promote personal and direct relationships with the family and promote activities that allow strengthening
p.000061: family bonding or reintegration in the shortest possible time, depending on the case;
p.000061: b) Carry out educational actions with the relatives in the care of the child or adolescent;
p.000061: c) Provide personalized attention and development of educational and recreational activities with each child and
p.000061: adolescent, according to their developmental needs;
p.000061: d) Comply with national standards of quality, safety and hygiene, in addition to those indicated in each case by the
p.000061: authority that legitimized its operation;
p.000061: e) Have adequate financial, human and material resources for the programs they execute;
p.000061: f) Submit periodic and detailed reports on the progress of their programs to the body that authorized their registration
p.000061: and operation;
p.000061: g) Guarantee that children and adolescents have public identity documents;
p.000061: h) Perform all social, legal and administrative actions aimed at defining and solving the situation
p.000061: physical, psychological, legal, family and social of the boy, girl and adolescent;
p.000061: i) Provide medical, dental, legal, psychological and social care;
p.000061: j) Guarantee food, clothing and necessary implements for personal hygiene and cleanliness;
p.000061: k) Inform the competent authority of the situation of threat or violation of rights;
p.000061: l) To inform the competent authority of changes in the legal status of children and
p.000061: adolescents in order for it to adopt the corresponding measures;
p.000061: m) Guarantee the entry and permanence of children and adolescents in the educational system, when
p.000061: correspond
p.000061: n) Maintain complete and updated records of each child or adolescent; and,
p.000061: o) The others established in this Code, laws, regulations, resolutions and instructions of the authority that
p.000061: legitimized its operation.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 24
p.000061: Art. 212.- Registration of the attention entities. Attention entities must request registration
p.000061: to the respective ministry, for which they will present the care program, its financing and the other documents that
p.000061: are indicated in the Regulations. The registration of care entities will be valid for two renewable years
p.000061: indefinitely. In cases of refusal to register or to enroll in a program, the affected entity may
p.000061: resort to the ministry in charge of matters of economic and social inclusion, against whose resolution there will be no
p.000061: any resource. The service entity may resubmit an application for registration or registration
p.000061: of a program, when you have overcome the reasons why you were denied. The ministry in charge of the affairs of
p.000061: economic and social inclusion may revoke at any time, by means of a reasoned resolution in the terms required
p.000061: the Constitution of the Republic, the registration of the entity or the registration of the program, when they do not comply with the
p.000061: authorized purposes or consider that they somehow threaten or violate the rights of children and
p.000061: teenagers.
p.000061: Note: Article replaced by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
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p.000061: Art. 213.- Control and sanctions.- The attention entities and the programs they execute will be subject
p.000061: to the control, inspection and evaluation, at least once a year, by the organisms that authorized its registration and
p.000061: functioning.
p.000061: In case of non-compliance with the provisions of this Code or the specific purposes for which they were
p.000061: authorized, the control body mentioned in the previous paragraph will impose on the attention entities one of the
p.000061: following penalties, observing the principle of proportionality between the offense and the penalty:
p.000061: a) Written warning and deadline to overcome the cause that motivates the sanction;
p.000061: b) A fine of five hundred to five thousand dollars, which will be doubled in case of recidivism;
p.000061: c) Suspension of operation, for a period of three months to two years;
p.000061: d) Cancellation of one or more programs; and,
p.000061: e) Cancellation of authorization and registration.
p.000061: The application of sanctions will be made after the non-compliance has been verified, through a
p.000061: administrative procedure that ensures respect for due process guarantees.
p.000061: Art. 214.- Obligations of schools, colleges and health centers.- The entities that provide
p.000061: Public and private education and health services must comply with the measures of
p.000061: protection and administrative and judicial resolutions issued by the corresponding authorities and with the standards
p.000061: of established quality.
p.000061: TITLE VI
p.000061: OF PROTECTION MEASURES
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 215.- Concept.- Protection measures are actions taken by the competent authority, through resolution
p.000061: judicial or administrative, in favor of the child or adolescent, when the risk has occurred or exists
p.000061: imminent that a violation of their rights occurs by action or omission of the State, society, their
p.000061: parents or guardians or the child or adolescent himself. In the application of the measures, preference should be given to those
p.000061: that protect and develop family and community ties.
p.000061: Protective measures impose on the State, its officials or employees or any individual, including
p.000061: parents, relatives, caregivers, teachers, educators, and the child himself or herself
p.000061: adolescents, certain actions in order to stop the act of threat, restore the right that has
p.000061: been violated and ensure permanent respect for their rights.
p.000061: Art. 216.- Concurrence of measures: One or more protection measures may be decreed for the same case and applied in
p.000061: simultaneously or successively. Its application does not prevent the imposition of sanctions that the case warrants.
p.000061: Art. 217.- List of protection measures.- Protection measures are
p.000061: administrative and judicial.
p.000061: In addition to those contemplated in Title IV of the First Book and in other legal bodies, they are measures
p.000061: administrative protection:
p.000061: 1. Actions of an educational, therapeutic, psychological or material support nature to the family nucleus, to preserve,
p.000061: strengthen or reestablish their ties for the benefit of the child or adolescent;
p.000061: 2. The order of care of the child or adolescent in their home;
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p.000061: 3. The family reintegration or return of the boy and girl to their biological family;
p.000061: 4. The order of insertion of the child or adolescent or of the person involved in the threat or violation of the
p.000061: right, in any of the protection programs contemplated by the System and which, in the judgment of the competent authority,
p.000061: it is the most appropriate according to the type of violating act, such as the order to carry out investigations
p.000061: necessary for the identification and location of the child or adolescent or their relatives and the
p.000061: clarification of the social, family and legal situation of the child or adolescent, the order to execute
p.000061: a specific action for the restitution of the violated right, such as: imposing on parents the
p.000061: enrollment of the child or adolescent in the Civil Registry or arrange for a health facility to provide
p.000061: urgent care or that an educational establishment proceed to enroll it, etc .;
p.000061: 5. The temporary removal of the person who has threatened or violated a right or guarantee, from the place where they live with
p.000061: the affected child or adolescent; and,
p.000061: 6. Emergency custody of the affected child or adolescent, in a family home or a care entity,
p.000061: up to seventy-two hours, during which time the Judge will order the corresponding protection measure.
p.000061: The following are judicial measures: foster care, institutional foster care and adoption.
p.000061: Matches:
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 67
p.000061: Art. 218.- Competent authority and authorized entities.- They are competent to order the measures of
p.000061: protection referred to in this title, the Judges of Children and Adolescents, the Cantonal Protection Boards of
p.000061: Rights and care entities in the cases contemplated in this Code.
p.000061: Judicial protection measures can only be ordered by the Children's Judges and
p.000061: Adolescence.
p.000061: Administrative measures can be ordered interchangeably by the Children's Judges and
p.000061: Adolescence and the Cantonal Boards for the Protection of Rights, according to those who have prevented the knowledge of the
p.000061: facts that justify them.
p.000061: Care entities may only order administrative protection measures, in cases expressly
p.000061: provided for in this Code.
p.000061: Of the measures provided by the Cantonal Boards of Protection of Rights and the attention entities can
p.000061: appeal to the Childhood and Adolescence Judges, against whose resolution in this matter there will be no recourse.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 4 CODE OF CIVIL PROCEDURE, Arts. 29, 38
p.000061: Art. 219.- Monitoring, review, evaluation and revocation of the measures.- The Boards of Protection of Rights and
p.000061: The Judges for Children and Adolescents have the responsibility of monitoring the measures
p.000061: of protection that they have ordered, review their application and periodically evaluate their effectiveness, in relation
p.000061: with the purposes that were had at the time of decreeing them.
p.000061: Protection measures can be replaced, modified or revoked by the authority that imposed them.
p.000061: Chapter II
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 60
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Foster care
p.000061: Art. 220.- Concept and purpose.- Foster care is a temporary measure of protection provided
p.000061: by the judicial authority, which aims to provide a child or adolescent deprived of their environment
p.000061: family, an ideal family and appropriate to their needs, characteristics and conditions.
p.000061: During the execution of this measure, it will seek to preserve, improve or strengthen family ties,
p.000061: prevent abandonment and seek the insertion of the child or adolescent into their biological family,
p.000061: involving parents and relatives.
p.000061: Art. 221.- Limitation on foster care.- The poverty situation of parents and relatives within
p.000061: of the third degree of inbreeding in a straight or collateral line is not in itself sufficient reason to resolve the
p.000061: foster care.
p.000061: Art. 222.- Foster care conditions.- Foster care must comply with the following
p.000061: terms:
p.000061: 1. Run in a home previously qualified for this purpose, by the competent authority;
p.000061: 2. Run in a home that, due to its location, allows the children and adolescents subject
p.000061: to the extent, normally participate in community life and can use all the services that it
p.000061: offers;
p.000061: 3. Assure children and adolescents an adequate socialization process and guarantee them security and
p.000061: emotional and affective stability; and,
p.000061: 4. Guarantee that the relationships of the foster child or adolescent develop in a family context and are
p.000061: personalized, so that the construction of their identity and the development of the
p.000061: personality.
p.000061: The regulation will establish the requirements that the foster parents must meet and more conditions that they must
p.000061: meet for the declaration of suitability.
p.000061: Art. 223.- Right to financial contribution.- The boy, girl or adolescent who is in
p.000061: Foster care has the right to receive from their relatives up to the third degree of
p.000061: consanguinity, and in the absence or impossibility of these, by the State and sectional governments,
p.000061: a monthly financial contribution sufficient to cover their needs for the duration of the foster care. The
p.000061: The amount of this financial contribution will be fixed every six months by the Judge for Children and Adolescents.
p.000061: Art. 224.- Executors of foster care.- Foster care will be carried out through families
p.000061: registered with a service entity authorized to carry out these programs.
...
p.000061: power, has delivered the child or adolescent for their care and upbringing; and,
p.000061: 2. A family that guarantees the protection and integral development of the child or adolescent,
p.000061: preferably of their ethnic group, town or culture.
p.000061: All persons entrusted with the care and protection of a child or adolescent in foster care
p.000061: family must be enrolled in a foster program that will provide education and training
p.000061: necessary and will supervise the performance of its mission. People
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 61
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: indicated in numeral 1 will be enrolled in one of the programs referred to in the previous article, since
p.000061: foster care is formalized.
p.000061: Art. 226.- Duties and obligations of the foster care entities.- In addition to the obligations
p.000061: general to any care entity, the one that executes foster care programs, must comply with the
p.000061: following specific obligations:
p.000061: 1. Assume the legal representation of the foster child or adolescent, when the resolution so determines;
p.000061: 2. Submit to the competent authority in a timely manner the global project of the family and the comprehensive project of
p.000061: care for the foster child or adolescent and ensure compliance;
p.000061: 3. Seek to strengthen family ties and overcome the causes that motivated the measure;
p.000061: 4. Periodically inform the competent authority of the general situation of the host or, at any time if
p.000061: the circumstances that motivated the measure change, so that it ratifies, modifies or ends it;
p.000061: 5. Participate in clarifying the legal situation of the child or adolescent deprived of their family environment;
p.000061: and,
p.000061: 6. Exhaust all the necessary actions to reinsert the child or adolescent in their family.
p.000061: Art. 227.- Duties and rights of the family of the child or adolescent: The parents or members of
p.000061: the family of the child and adolescent within the third degree of inbreeding in a straight or collateral line have the
p.000061: following rights and duties in foster care:
p.000061: 1. Cooperate in decisions that affect the foster child or adolescent;
p.000061: 2. Participate in determining the general aspects in which the child's family or
p.000061: adolescent intends to change to improve relationships within the family, and contribute to their
p.000061: compliance;
p.000061: 3. Participate in the determination and execution of the educational, emotional, physical aspects,
...
p.000061: welcomed.
p.000061: In the absence or absence of the persons referred to in this article, the collaboration of the
p.000061: persons or family with which the child or adolescent was before the care.
p.000061: Art. 228.- Rights and responsibilities of the foster child or adolescent: The child or adolescent
p.000061: Foster has the following specific rights and responsibilities:
p.000061: 1. Be informed of the nature of the measure and express their opinion for fostering, according to its development
p.000061: evolutionary;
p.000061: 2. Receive adequate care and attention from those who host him;
p.000061: 3. Participate in the execution of the life project that includes all areas for its integral development; and,
p.000061: 4. Keep respect and collaborate with the foster family and the entity authorized to fulfill the objectives
p.000061: of foster care.
p.000061: Art. 229.- Termination of foster care: Foster care ends by:
p.000061: 1. The reintegration of the child or adolescent into their biological family;
p.000061: 2. Adoption of the child or adolescent;
p.000061: 3. The legal emancipation of the host, for the causes provided for in the 2nd ordinals. and 4th. of article 328 of the Code
p.000061: Civil; and,
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 62
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 4. Resolution of the authority that ordered the measure.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 308
p.000061: Art. 230.- Prohibition of profit.- Obtaining profit as a consequence of the
p.000061: foster care.
p.000061: Art. 231.- Option to adopt foster children: People who have had a child or adolescent in
p.000061: foster care, will have a priority option for adoption, provided they meet the requirements
p.000061: legal.
p.000061: Chapter III
p.000061: INSTITUTIONAL WELCOME
p.000061: Art. 232.- Concept and purpose: Institutional fostering is a transitory measure of protection provided by the
p.000061: judicial authority, in cases where foster care is not possible, for those children or
p.000061: adolescents who are deprived of their family environment. This measure is the last resort and will be followed.
p.000061: only in those duly authorized care entities.
p.000061: During the execution of this measure, the responsible entity has the obligation to preserve, improve,
p.000061: strengthen or restore family ties, prevent abandonment, seek the reintegration of the child, or
p.000061: teen in your birth family or seeking adoption.
p.000061: Art. 233.- Termination of institutional fostering.- Institutional fostering ends by:
p.000061: 1. Reinsertion of the child or adolescent in their biological family;
p.000061: 2. Foster care;
p.000061: 3. Adoption of the child or adolescent;
p.000061: 4. Legal emancipation of the host; and,
p.000061: 5. Resolution of the competent authority that ordered it.
p.000061: Art. 234.- Rules applicable to institutional care.- Are applicable to institutional care the
p.000061: Relevant foster care provisions, especially those related to the limitation of foster care due to
p.000061: poverty, economic contribution, duties and obligations of the foster child, duties and rights of children and
p.000061: teenagers and their family, as well as the prohibition of profit.
p.000061: TITLE VIII
p.000061: ADMINISTRATIVE PROCEDURE FOR THE PROTECTION OF RIGHTS
p.000061: Art. 235.- Provenance and competent body.- The procedure regulated in this title is applied for the substantiation of
p.000061: the following matters:
p.000061: a) The application of protective measures when there has been a threat or violation of individual rights or
p.000061: groups of one or more children or adolescents;
p.000061: b) The knowledge and sanction of the infractions sanctioned with warning; and,
p.000061: c) The knowledge and sanction of the irregularities committed by the attention entities, it is up to
p.000061: the bodies that registered and authorized the offending entity.
p.000061: The knowledge and resolution of the matters indicated in paragraphs a) and b) correspond to the Cantonal Board of
p.000061: Protection of Rights of the canton where the threat, violation of law or infraction occurred.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 63
...
p.000061: the execution of the protection measures adopted.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 325, 327
p.000061: Art. 242.- Withdrawal.- The withdrawal of the administrative action does not prevent the organ
p.000061: The substantiator can continue with the procedure, when deemed necessary for the adequate protection of the
p.000061: rights of the affected child or adolescent.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 373, 374, 375, 376
p.000061: Art. 243.- Maximum duration of the administrative procedure.- In no case the substantiated procedure
p.000061: before the administrative body it may last more than thirty business days.
p.000061: Art. 244.- Sanctions for denial of justice.- When the competent administrative body unduly refuses
p.000061: to process a complaint filed in accordance with the rules of this title, members who
p.000061: they concurred with their vote to the refusal, with a fine of
p.000061: 50 to 100 dollars. When it exceeds the maximum terms contemplated for the duration of the
p.000061: procedure, its members responsible for the delay will be sanctioned with the penalty of fine provided in the
p.000061: article 249.
p.000061: For the application of this sanction the judicial procedure of the following title will be used.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 65
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 18
p.000061: TITLE IX
p.000061: INFRINGEMENTS AND SANCTIONS
p.000061: Chapter I
p.000061: General disposition
p.000061: Art. 245.- Competent authority.- The infractions that in this title have been assigned a fine,
p.000061: they constitute administrative infractions and will be judged and sanctioned by the Rights Protection Board
p.000061: of the canton where the offense was committed.
p.000061: The members of the Councils for Children and Adolescents and the Boards for the Protection of Rights will be judged and
p.000061: sanctioned by the Judges of Childhood and Adolescence of the respective jurisdiction.
p.000061: For the application of custodial sanctions, the provisions of the Code of Procedure shall be followed.
p.000061: Penal.
p.000061: Art. 246.- Destination and collection of fines.- Fines collected in accordance with this
p.000061: Code will be directly deposited in the Fund for the Protection of Children and Adolescents. In case of
p.000061: delay in the payment of the fines, its collection will be in charge of the respective Municipality that will have coercive jurisdiction
p.000061: for the effect.
p.000061: Art. 247.- Special sanctions for suspension and closure.- Public service and attention entities and
p.000061: private that violate or threaten the rights of children and adolescents, in addition to the penalties of fine provided
p.000061: in this title, they will be sanctioned with a suspension of five days, the first time, one month the second and with
p.000061: final closure the third time.
p.000061: Chapter II
p.000061: Offenses sanctioned with a fine
p.000061: Art. 248.- General sanction.- Anyone who threatens or violates any of the rights or guarantees contemplated in any way.
...
p.000061: Adolescence, integrated into the Judicial Function, for the knowledge and resolution of matters
p.000061: related to the protection of the rights and guarantees of children and adolescents regulated in this Code.
p.000061: Art. 256.- Guiding principles.- The Administration of Specialized Justice for Children and
p.000061: Adolescence will guide its actions and resolutions with strict adherence to the principles, rights, duties and
p.000061: responsibilities established in this Code.
p.000061: Its management is also inspired by the principles of humanity in the application of law, prioritization
p.000061: of equity over the rituality of prosecution, legality, independence, gratuitousness, morality,
p.000061: speed and efficiency.
p.000061: Matches:
p.000061: LAW AGAINST VIOLENCE OF WOMEN AND FAMILY, Arts. 7
p.000061: Art. 257.- Guarantees of due process.- In all judicial proceedings that are substantiated pursuant to this
p.000061: Code, people will have the inviolability of the defense, the contradiction, the challenge, the
p.000061: immediacy, the right to be heard and other guarantees of due process.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76, 77
p.000061: Art. 258.- Testimony of the offended boy, girl and adolescent.- In all judicial or
p.000061: administrative, the judge or the competent authority, will ensure that the best interests of the child or
p.000061: teenager who has been offended by the commission of a criminal offense.
p.000061: The child or adolescent will declare without oath, in the presence of their parents or guardian.
p.000061: If they do not have them, the Judge will designate and possess a special curator on the spot, preferring for the effect
p.000061: to a trusted person of the declarant.
p.000061: The declaration must be practiced in a reserved manner and under conditions that respect privacy, physical integrity and
p.000061: emotional of the child or adolescent. The procedural parties may witness the statement, if the Judge
p.000061: considers that it does not violate the best interests of the child or adolescent.
p.000061: After the declaration, the judge may authorize the interrogation of the parties through him.
p.000061: The Judge will not allow the questions that contravene the provisions of this
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 69
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Article.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 515
p.000061: CIVIL PROCEDURE CODE, Arts. 122, 138, 152, 209
p.000061: Chapter II
p.000061: Organs of the Administration of Specialized Justice for Children and Adolescents
...
p.000061: relatives, as the case may be.
p.000061: The investigation will involve the Public Ministry, DINAPEN or other Police units
p.000061: Nacional and the Technical Office, who are required to submit monthly reports on activities
p.000061: carried out and their results.
p.000061: The Judge may request clarification, extensions or reform of the reports presented.
p.000061: Art. 270.- Reinsertion of the child or adolescent in their biological family. - If the investigation
p.000061: allow to locate the child or adolescent or identify the child or adolescent or identify the father, the
p.000061: mother or other relatives or persons responsible for the care of the child or adolescent, as the case may be, the Judge
p.000061: will order the reintegration to his family, without prejudice to other protection measures that may be necessary.
p.000061: If the investigation allowed to identify and locate relatives within the third degree of
p.000061: consanguinity of the child or adolescent, the Judge will call a hearing and appoint a guardian to assume their care and
p.000061: protection.
p.000061: If, from the qualification order, the terms stipulated in this Code for the deprivation of the
p.000061: parental authority or ninety days for the declaration of adoptability of the child or adolescent for the reasons
p.000061: first, third and fourth of article 158 of this Code and the reports of the investigation carried out do not allow
p.000061: determine, identify and locate the father, mother or both or the relatives within the referred degrees, the Judge
p.000061: declare the adoptability of a child or adolescent.
p.000061: To the demand of deprivation of parental authority for unjustified absence of the father, mother or both, according
p.000061: corresponds, a certified copy of the police and social investigation process and its omission must be accompanied
p.000061: is cause of nullity of the judgment.
p.000061: The Judge who is aware of the demand for the deprivation of parental authority, in the order to classify the claim, will
p.000061: record that it meets all the requirements of law.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 22 CIVIL CODE (BOOK I), Arts. 303, 304, 305, 306, 367
p.000061: CODE OF CHILDHOOD AND ADOLESCENCE, Arts. 112, 113
p.000061: Second section
p.000061: The general contentious procedure
p.000061: Art. 271.- Matters to which it is applied.- The norms of this section will be applied for the
p.000061: substantiation of all matters related to the matters covered by the Second Book, those of the Third Book
p.000061: whose resolution is the exclusive competence of the Judge of Children and Adolescents and
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 72
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: in which an actively legitimized person raises a legal claim.
p.000061: Matches:
p.000061: SANCHEZ DE BUSTAMANTE PRIVATE INTERNATIONAL LAW CODE, Arts. 57, 62
p.000061: Art. 272.- The demand and the summons.- The demand must meet the requirements contemplated in article 71 of the Code
p.000061: of Civil Procedure and the Judge will qualify it within the forty-eight hours following the presentation of the
p.000061: same.
p.000061: In his first ruling the Judge will classify it and, if he meets the legal requirements, he will accept it for processing, case
p.000061: Otherwise it will be ordered to complete it as provided in article 73 of the aforementioned Code.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 66, 73
p.000061: Art. 273.- Conciliation and reply hearing.- The conciliation hearing will be conducted
p.000061: personally by the Judge, who will initiate it promoting in the parties a conciliatory settlement that, if any, will be
p.000061: approved at the same hearing and will end the trial.
p.000061: If no conciliation occurs, the Judge will immediately hear the parties' rebuttals and counter-rebuttals, beginning
p.000061: for the defendant's answer, who, after the plaintiff's argument, will have the opportunity to make a brief
p.000061: replica. After the allegations have been concluded, the opinion of the adolescent, necessarily, or of the child or
p.000061: girl who is of age and conditions to lend it.
p.000061: Before closing the hearing, the Judge will insist on a conciliation of the parties; if there is not and there are facts that
p.000061: must be proven, it will call the evidence hearing that must be held not earlier than fifteen nor after twenty days
p.000061: counted from the date of the signaling.
p.000061: Art. 274.- Provisional resolution.- In lawsuits on parental authority, provision of maintenance and
p.000061: visitation regime, the judge will necessarily make a provisional determination on the claim of the
p.000061: plaintiff, in the same hearing that the previous article deals with. If there is agreement of the
p.000061: parents in this regard, will end the trial.
p.000061: This fixation may be modified in the manner indicated in article 278.
p.000061: Matches:
p.000061: CIVIL CODE (BOOK I), Arts. 108, 115, 128, 355
p.000061: Art. 275.- Evidence hearing.- In the evidence hearing, actor and defendant, in the same order, will present the
p.000061: evidentiary means that would have been duly announced, beginning with the examination of the witnesses, which may be
p.000061: questioned by the defenders of both parties, and the reports of the technicians, who must respond to the
p.000061: observations and requests for clarification or extension that they make.
p.000061: By the Clerk of the Court, a summary reading of the documents added by the parties and of the official documents will be given.
p.000061: reports that have been received.
p.000061: The interrogations of the defense attorneys will be made directly to the witnesses, experts and
p.000061: counterparty, without the need for mediation by the Judge, who may only object, ex officio or at the request of a party, the
p.000061: questions that you consider unconstitutional, illegal, disrespectful, or impertinent regarding prosecution.
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 73
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: After the test, the defenders, starting with the actor's, will be able to present their allegations on the
p.000061: test given.
p.000061: Matches:
p.000061: CIVIL PROCEDURE CODE, Arts. 207, 219, 221, 257
...
p.000061: of the fourth degree of consanguinity, of the child or adolescent, who can take charge permanently and
p.000061: stable of your care.
p.000061: If the results of the investigations are positive and any of these relatives express their
p.000061: Willingness to take care of this care, will forward the record to the Civil Judge so that he can proceed to
p.000061: discernment of guardianship. Otherwise it will declare the boy, girl or adolescent in legal aptitude to
p.000061: be adopted.
p.000061: For the development of the investigations referred to in the preceding paragraphs, the Judge will grant
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 76
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: a term of not less than sixty nor more than one hundred and twenty days.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 22 CIVIL CODE (BOOK I), Arts. 398
p.000061: Fourth Section
p.000061: Special rules for the judgment of possession
p.000061: Art. 290.- Monitoring of tenure.- In the resolution on tenure, the Judge will order that the Technical Office
p.000061: regularly monitor tenure and report on your results.
p.000061: Art. 291.- Motivation of the resolution order.- The order that resolves on the possession, must consider obligatorily
p.000061: the position of the child or adolescent during the hearing, being careful not to reveal what he / she declared in
p.000061: exercise of your right to be heard.
p.000061: Fifth Section
p.000061: Special rules for the trial of fixation of maintenance
p.000061: Article 292.- Inadmissibility of the accumulation of shares and of the counterclaim.- The actions for food,
p.000061: Tenure and parental authority must be processed by separate rope. Prohibition of counterclaim in these
p.000061: Actions.
p.000061: Art. 293.- Power to dispose evidence ex officio.- The Judge may order ex officio the practice of the evidence that
p.000061: deem necessary to establish the economic capacity of the feeder and the needs of the fed.
p.000061: TITLE XI
p.000061: THE MEDIATION
p.000061: Art. 294.- Cases in which it proceeds.- Mediation will proceed in all transferable matters provided that
p.000061: violate inalienable rights of childhood and adolescence.
p.000061: Art. 295.- Special rules.- It will be carried out before a Mediation Center of those indicated in the following article.
p.000061: Those interested may intervene personally or through attorneys.
p.000061: The opinion of the child or adolescent who is in a position to express it will be heard.
p.000061: Art. 296.- Qualification of Mediation Centers.- Mediation Centers must be authorized
p.000061: legally to be able to intervene in the matters covered by this Code.
p.000061: Art. 297.- Supplementary regulations.- In what is not foreseen in this title, the provisions will be applied.
p.000061: relevant to the special law on the matter.
p.000061: TITLE XII
p.000061: ECONOMIC RESOURCES OF THE SYSTEM
p.000061: Art. 298.- Financing from the National Council for Children and Adolescents.-
p.000061: Note: Article repealed by Law No. 0, published in Official Gazette Supplement 283 of July 7, 2014.
p.000061: Art. 299.- Financing of the Cantonal Councils for Children and Adolescents and Cantonal Boards
...
p.000061: fundamental freedoms of third parties, promoting the reintegration of the adolescent and that he assumes a role
p.000061: constructive in society.
p.000061: Art. 310.- Responsibility of adolescents from indigenous communities.- Judgment and application
p.000061: of socio-educational measures for adolescent offenders belonging to communities
p.000061: indigenous, for acts committed in their communities, shall comply with the provisions of this Code.
p.000061: TITLE II
p.000061: OF THE RIGHTS AND GUARANTEES IN THE JUDGMENT
p.000061: Art. 311.- Presumption of innocence.- The innocence of the adolescent is presumed and will be treated as such until the
p.000061: has established in accordance with law, in an enforced resolution, the existence of the punishable act and its responsibility
p.000061: at.
p.000061: Matches:
p.000061: CIVIL CODE (PRELIMINARY TITLE), Arts. 32 CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 79
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: Art. 312.- Right to be informed.- Every adolescent investigated, detained or questioned has the right to
p.000061: be informed immediately, personally and in their mother tongue, or through sign language if there is a deficiency
p.000061: In communication:
p.000061: 1. On the reasons for the investigation, interrogation, arrest, the authority that ordered them, the
p.000061: identity of those who investigate, interrogate or detain him and the actions initiated against him; and,
p.000061: 2. About your right to remain silent, to request the presence of a lawyer and to communicate
p.000061: with a family member or with anyone you indicate.
p.000061: The adolescent will have the free assistance of an interpreter, if he does not understand or speak the
p.000061: language used.
p.000061: In all cases, the legal representatives of the investigated, questioned or detained, will be informed of
p.000061: righ now.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 77
p.000061: Art. 313.- Right to defense.- The adolescent has the right to an adequate professional defense during all
p.000061: instances of the process. When you do not have a private defender, you will be assigned, within a period of
p.000061: twenty-four hours, a specialized public defender, who will assume the case within twenty-four hours
p.000061: following notification of your assignment.
p.000061: The lack of defender will cause the nullity of everything acted in defenselessness.
p.000061: Matches:
p.000061: CONSTITUTION OF THE REPUBLIC OF ECUADOR, Arts. 76
p.000061: Art. 314.- Right to be heard and question.- At all stages of the process, the adolescent subjected to trial
p.000061: you have the right:
p.000061: 1. Free and complete access to documents and parts of the process;
p.000061: 2. To be heard in any instance of the process; and,
p.000061: 3. To question directly or through their defense attorney and orally, the witnesses and experts, who will be
p.000061: obliged to appear before the judge for this purpose.
...
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 82
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: 6. The prohibition to communicate with certain people that the Judge indicates, provided that this does not affect their right to
p.000061: family environment and adequate defense; and,
p.000061: 7. Deprivation of liberty, in the exceptional cases indicated in the following articles.
p.000061: Art. 325.- Conditions for the precautionary measure of deprivation of liberty.- To ensure immediate
p.000061: of the adolescent with the process, he may proceed to his detention or his preventive internment, with attachment to
p.000061: the following rules:
p.000061: 1. Detention only proceeds in the cases of articles 328 and 329, by written and motivated order of a competent judge;
p.000061: 2. Adolescents deprived of liberty will be taken to adolescent detention centers
p.000061: offenders who guarantee their safety, well-being and rehabilitation;
p.000061: 3. Any form of solitary confinement for a teenager deprived of liberty is prohibited; and,
p.000061: 4. In any case of deprivation of liberty, the age of the person affected must be verified and, in cases of doubt, it will be applied
p.000061: the presumption of article 5 and will be subject to the provisions of this Code until said presumption is destroyed
p.000061: according to law.
p.000061: The official who contravenes the provisions of this article will be removed from office by the
p.000061: corresponding authority.
p.000061: Art. 326.- Reasons for apprehension.- Police officers and anyone can apprehend a teenager:
p.000061: a) When he is caught in flagrant infraction of public action. There is flagrancy when it is apprehended
p.000061: to the author at the same moment of the commission of the offense or immediately after its commission, if it is
p.000061: apprehended with weapons, instruments, prints or documents related to the offense just committed;
p.000061: b) When you have escaped from a specialized detention center in which you were complying with a partner measure -
p.000061: educational; and,
p.000061: c) When the competent Judge has ordered the deprivation of liberty.
p.000061: No adolescent may be detained without a trial formula for more than twenty-four hours. Elapsed
p.000061: said period without being resolved on his arrest, the Coordinator or person in charge of the Internment Center will set it
p.000061: immediately released.
p.000061: No child may be detained, even in the event of a flagrant offense. In this event, it must be delivered from
p.000061: immediately to their legal representatives and, if they do not have them, to a service entity. It is prohibited to receive a child in a
p.000061: Internment Center; and if in fact it happens, the Center Coordinator will be removed from his post.
p.000061: Note: Article amended by Law No. 0, published in Official Registry Supplement 180 of February 10
...
p.000061: 2014 .
p.000061: Art. 371.- Purpose of the socio-educational measures.- The socio-educational measures are intended to
p.000061: protection and development of adolescent offenders, guarantee their education, family integration and
p.000061: constructive inclusion to society, as well as promoting the exercise of the other rights of the
p.000061: person in accordance with the Constitution, international instruments ratified by Ecuador and this
p.000061: Book.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 372.- Classes of socio-educational measures.- The socio-educational measures are:
p.000061: 1. Deprivation of liberty.
p.000061: 2. Not custodial.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 373.- Appreciation of age.- For the imposition of socio-educational measures, the
p.000061: age of the adolescent at the date of the offense.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 374.- Competent authority.- Judges specialized in offending adolescents are competent
p.000061: for the jurisdictional control of the execution of the socio-educational measures that are applied.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 375.- Assistance after the fulfillment of the socio-educational measure.- The State through
p.000061: CHILDHOOD AND ADOLESCENCE CODE - Page 98
p.000061: eSilec Professional - www.lexis.com.ec
p.000061: The different public institutions are responsible for providing adolescents with social assistance and
p.000061: psychological after compliance with the socio-educational measure, by entities
p.000061: specialized, whose monitoring and evaluation corresponds to the Ministry in charge of justice and
p.000061: human rights, according to the time it deems necessary.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: Art. 376.- Agreements.- For the fulfillment of socio-educational measures, the State may subscribe
p.000061: agreements with public or private entities that guarantee compliance with the objectives and conditions
p.000061: indicated in this Book.
p.000061: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
p.000061: CHAPTER II TECHNICAL ORGANISM
p.000061: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.000061: 2014 .
...
p.002014: 2. Orientation and support section for the fulfillment of socio-educational measures of
p.002014: weekend internment and semi-open regime internment.
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 104
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: 3. Internment section for the fulfillment of socio-educational institutional internment measures
p.002014: closed regime.
p.002014: Within the sections determined in numerals 2 and 3 there will be four subsections:
p.002014: a) Adolescents under the age of fifteen.
p.002014: b) Adolescents between fifteen and eighteen years of age.
p.002014: c) Those over eighteen years of age and up to twenty-four years.
p.002014: d) Those over twenty-four years of age.
p.002014: The Center coordinator will take care of the proper preparation for the transition in each of these
p.002014: subsections.
p.002014: All specialized care sections will have adequate living, communal and living areas for the
p.002014: development of activities and programs.
p.002014: The centers of adolescent offenders will only host adolescents of the same sex. In the cities where not
p.002014: there are centers separated by sex, adolescents can be accommodated, provided the environments are fully
p.002014: separated.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 394.- Admission.- An adolescent will only enter the Center for adolescent offenders with authority order
p.002014: competent or for having been arrested for a flagrant crime.
p.002014: Teens detained for research will be admitted to an existing temporary reception section
p.002014: throughout the Teenage Offender Center.
p.002014: From the moment the adolescent enters the Center, they will be informed in a clear and simple way about their rights,
p.002014: duties, rules and routines of coexistence in the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 395.- Compulsory health examination.- Adolescents will undergo a medical examination at the time of their admission and
p.002014: of their departure from the centers of adolescent offenders and they will be provided, if necessary, care and treatment
p.002014: doctor.
p.002014: If there are indications of aggression against physical, psychological or sexual integrity, the health professional has the
p.002014: obligation to report this fact to the prosecution.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 396.- Internal and external security of the centers of offending adolescents.- Internal security and
p.002014: external of the centers of deprivation of liberty of adolescents, will be the responsibility of the Ministry in charge of
p.002014: justice and human rights issues.
p.002014: External security will be the responsibility of the specialized Police for Children and Adolescents.
...
p.002014: This right will be exercised in equal conditions, without any type of discrimination.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 410.- Visiting hours.- Adolescents receive visits according to the schedule
p.002014: established in the respective Regulation. Visiting in the night hours is prohibited.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 411.- Prohibited objects.- The entry of all kinds of weapons, alcohol and scheduled substances is prohibited.
p.002014: subject to control, telephones or communication equipment or any other instrument that
p.002014: attempt against the security and peace of the Center. Any person who is discovered entering with such objects
p.002014: she will be detained and placed under the orders of the corresponding authorities.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 412.- Intimate visit.- People over eighteen years old have the right to an intimate visit from their partner.
p.002014: The Center will have adequate facilities that protect the right to privacy.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 108
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: CHAPTER III
p.002014: DISCIPLINARY REGIME FOR ADOLESCENT ADOLESCENTS
p.002014: Note: Chapter added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 413.- Competent authority.- The disciplinary power in the centers corresponds to its Coordinator.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 414.- Preventive security.- The persons in charge of the security of the centers will take urgent measures.
p.002014: aimed at avoiding or preventing disciplinary offenses, provided they do not violate the integrity of the
p.002014: adolescents, who must immediately communicate to the Center Coordinator.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 415.- Obligations of the offending adolescents. They are obligations of the offending adolescents
p.002014: the following:
p.002014: 1. Comply with the rules established in the respective Constitution, laws and regulations.
p.002014: 2. Respect the dignity, physical, mental and sexual integrity of all the people who are in the Centers.
p.002014: 3. Take care of the goods and materials that have been delivered to you for your use.
p.002014: 4. Refrain from causing any material damage to the Centers.
p.002014: 5. Help the conservation and cleanliness of the Center.
p.002014: 6. Comply with the legitimate instructions given by the officials of the Center.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 416.- Disciplinary offenses.- Disciplinary offenses are classified as minor and serious and
p.002014: will sanction according to the respective regulation.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 417.- Minor offenses.- Adolescents who commit any of the
p.002014: following acts:
...
p.002014: center.
p.002014: 7. Neglecting the cleanliness of the room, sanitary services, workshops, classrooms, patios and the center in general.
p.002014: 8. Throw trash outside the established collection sites.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: CHILDHOOD AND ADOLESCENCE CODE - Page 109
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: Art. 418.- Serious offenses.- Adolescents who commit any of the following acts commit serious offenses:
p.002014: 1. Verbally or physically assaulting another person.
p.002014: 2. Destroy the facilities or assets of the centers.
p.002014: 3. Flatten the administrative offices of the center.
p.002014: 4. Violating the correspondence of any person.
p.002014: 5. Disobeying the security regulations of the center.
p.002014: 6. Cause minor injuries to anyone.
p.002014: 7. Participate in fights.
p.002014: 8. Hinder the requisitions that are carried out.
p.002014: 9. Throw dangerous objects.
p.002014: 10. Obstruct locks.
p.002014: 11. Make electrical, sanitary and drinking water connections that endanger the safety of the center or its
p.002014: occupants
p.002014: 12. Maintain illicit business within the centers.
p.002014: 13. Provoke collective disorders or instigate them.
p.002014: 14. Introduce and distribute in the center, objects that are not authorized by the authorities
p.002014: corresponding.
p.002014: 15. Cause damage or carry out activities to disable the center.
p.002014: 16. Threatening or coercing the life or integrity of any person.
p.002014: 17. Violently resist the fulfillment of legitimate orders of authority.
p.002014: 18. Possess instruments, tools or work utensils outside the work areas.
p.002014: 19. Refusing to go to court proceedings unjustifiably.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 419.- Sanctions.- Depending on the severity, the following sanctions will be imposed:
p.002014: 1. Warning.
p.002014: 2. Apology and repair of the damage caused in its entirety.
p.002014: 3. Restriction of external communications.
p.002014: 4. Restriction of phone calls.
p.002014: The determining criterion for graduating the sanction applicable to adolescents is the objective gravity of the fact.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 420.- Administrative procedure.- The administrative procedure to sanction adolescents
p.002014: it is brief, simple, oral, it will respect due process and the right to be heard by yourself or through
p.002014: a private or public defender, in accordance with the following rules:
p.002014: 1. The administrative procedure will begin at the request of any person who knows the
p.002014: committing a fault or by the staff of the centers. The names and surnames of the
p.002014: whistleblower, or any data that identifies him inside or outside the center.
p.002014: 2. The Center Coordinator will summon the parties involved, the parents, legal representative or person responsible for their
p.002014: carefully and will notify you with all the documents and other writings containing elements of conviction of the
p.002014: presumed committing a disciplinary offense in order to exercise his defense.
p.002014: 3. After twenty-four hours of notification, a hearing will be called in which the parties will be heard. The
p.002014: adolescent will always be heard as the last intervention. In the same hearing the tests that the
p.002014: parties or the Center Coordinator consider pertinent to
p.002014: CODE OF CHILDHOOD AND ADOLESCENCE - Page 110
p.002014: eSilec Professional - www.lexis.com.ec
p.002014: verify the disciplinary offense or distort it.
p.002014: 4. The Center Coordinator at the same hearing, will resolve and record in writing the fact, the fault and the
p.002014: sanction or acquittal.
p.002014: In all cases where a judicial ruling is required, the administrative authority will send the file to
p.002014: juvenile offender judge.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 421.- Disruption of order in the Centers for Teenage Offenders.- When there is a riot or a serious one
p.002014: disruption of order in a center, the Center Coordinator will request, if necessary, intervention
p.002014: of the specialized police for children and adolescents to the extent and the time necessary for the restoration of
p.002014: order.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 422.- Leakage.- In case of leakage, the Coordinator will arrange the immediate search and apprehension of the adolescent,
p.002014: all the means at their disposal and will bring this fact to the attention of the specialized judge.
p.002014: The entity in charge to establish the responsibility for said leak will also be informed, as well as the prosecution
p.002014: for your research.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: Art. 423.- Supplementary norms.- The norms contemplated in the Organic Comprehensive Penal Code are supplementary to this
p.002014: Book in what is not foreseen and in what is pertinent.
p.002014: Note: Article added by Law No. 0, published in Official Gazette Supplement 180 of February 10,
p.002014: 2014 .
p.002014: TITLE V
p.002014: PREVENTION OF CRIMINAL VIOLATION OF ADOLESCENTS
p.002014: Note: Title VI of the Fourth Book called "The prevention of criminal infraction of
...
Orphaned Trigger Words
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| age | Age |
| alcoholic | alcoholism |
| alcoholism | alcoholism |
| another country | Other Country |
| arrest | person under arrest |
| arrested | person under arrest |
| authority | Relationship to Authority |
| autonomy | Impaired Autonomy |
| breastfeeding | breastfeeding |
| child | Child |
| children | Child |
| cognitive | Cognitive Impairment |
| conviction | Religion |
| crime | Illegal Activity |
| criminal | criminal |
| dependence | Drug Dependence |
| dependency | Drug Dependence |
| detained | person in detention center |
| detention center | person in detention center |
| disability | Mentally Disabled |
| disabled | Mentally Disabled |
| displaced | displaced |
| drug | Drug Usage |
| education | education |
| educational | education |
| elderly | Elderly |
| emergency | Public Emergency |
| employees | employees |
| ethnic | Ethnicity |
| ethnicity | Ethnicity |
| family | Motherhood/Family |
| fathers | Fathers |
| fetus | Fetus/Neonate |
| home | Property Ownership |
| illegal | Illegal Activity |
| illness | Physically Disabled |
| impairment | Cognitive Impairment |
| incapacity | Incapacitated |
| indigenous | Indigenous |
| infant | Infant |
| influence | Drug Usage |
| language | Linguistic Proficiency |
| liberty | Incarcerated |
| linguistic | Linguistic Proficiency |
| minor | Youth/Minors |
| motherhood | Motherhood/Family |
| mothers | Mothers |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| parent | parents |
| parents | parents |
| party | political affiliation |
| physically | Physically Disabled |
| police | Police Officer |
| political | political affiliation |
| poverty | Economic/Poverty |
| pregnant | Pregnant |
| prison | Incarcerated |
| property | Property Ownership |
| prosecuted | Prosecuted |
| prostitution | sex worker |
| refugee | Refugee Status |
| religion | Religion |
| religious | Religion |
| schooling | education |
| single | Marital Status |
| socialXwelfare | Access to Social Goods |
| student | Student |
| threat | Threat of Stigma |
| union | Trade Union Membership |
| victim | Victim of Abuse |
| violence | Threat of Violence |
| women | Women |
| youth | Youth/Minors |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| abuse | ['victim'] |
| access | ['socialXwelfare'] |
| alcoholic | ['alcoholism'] |
| alcoholism | ['alcoholic'] |
| arrest | ['arrested'] |
| arrested | ['arrest'] |
| child | ['children'] |
| children | ['child'] |
| cognitive | ['impairment'] |
| conviction | ['religion', 'religious'] |
| crime | ['illegal'] |
| dependence | ['dependency'] |
| dependency | ['dependence'] |
| detained | ['detentionXcenter'] |
| detention center | ['detained'] |
| disability | ['disabled'] |
| disabled | ['disability'] |
| drug | ['influence'] |
| education | ['educational', 'schooling'] |
| educational | ['education', 'schooling'] |
| ethnic | ['ethnicity'] |
| ethnicity | ['ethnic'] |
| family | ['motherhood'] |
| home | ['property'] |
| illegal | ['crime'] |
| illness | ['physically'] |
| impairment | ['cognitive'] |
| influence | ['drug'] |
| language | ['linguistic'] |
| liberty | ['prison'] |
| linguistic | ['language'] |
| minor | ['youth'] |
| motherhood | ['family'] |
| officer | ['police'] |
| parent | ['parents'] |
| parents | ['parent'] |
| party | ['political'] |
| physically | ['illness'] |
| police | ['officer'] |
| political | ['party'] |
| prison | ['liberty'] |
| property | ['home'] |
| religion | ['conviction', 'religious'] |
| religious | ['conviction', 'religion'] |
| schooling | ['education', 'educational'] |
| socialXwelfare | ['access'] |
| victim | ['abuse'] |
| youth | ['minor'] |
Trigger Words
capacity
consent
cultural
developing
exploit
harm
justice
protect
protection
risk
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input