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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Examining the file media/Synopses/447F79552A530238E48C9593DEDA1AE6.html:

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

Vulnerability TypeVulnerabilityIndicator# Matches
PoliticalIllegal Activitycrime16
PoliticalIllegal Activityillegal9
PoliticalIndigenousindigenous8
PoliticalProsecutedprosecuted2
PoliticalRefugee Statusrefugee3
Politicalcriminalcriminal36
Politicaldisplaceddisplaced1
Politicalperson in detention centerdetained8
Politicalperson in detention centerdetention center1
Politicalperson under arrestarrest4
Politicalperson under arrestarrested1
Politicalpolitical affiliationparty20
Politicalpolitical affiliationpolitical14
HealthCognitive Impairmentcognitive1
HealthCognitive Impairmentimpairment1
HealthDrug Dependencedependence1
HealthDrug Dependencedependency6
HealthDrug Usagedrug1
HealthDrug Usageinfluence1
HealthMentally Disableddisabled5
HealthMentally Disableddisability15
HealthMotherhood/Familyfamily174
HealthMotherhood/Familymotherhood1
HealthPhysically Disabledillness3
HealthPhysically Disabledphysically1
HealthPregnantpregnant6
Healthalcoholismalcoholic4
Healthalcoholismalcoholism1
Healthbreastfeedingbreastfeeding4
SocialAccess to Social GoodssocialXwelfare8
SocialAccess to Social Goodsaccess25
SocialAgeage62
SocialChildchild161
SocialChildchildren261
SocialElderlyelderly1
SocialEthnicityethnic3
SocialEthnicityethnicity2
SocialFathersfathers2
SocialFetus/Neonatefetus1
SocialIncarceratedliberty37
SocialIncarceratedprison1
SocialInfantinfant1
SocialLinguistic Proficiencylanguage7
SocialLinguistic Proficiencylinguistic1
SocialMarital Statussingle11
SocialMothersmothers7
SocialPolice Officerofficer1
SocialPolice Officerpolice22
SocialProperty Ownershiphome24
SocialProperty Ownershipproperty10
SocialReligionconviction3
SocialReligionreligion3
SocialReligionreligious5
SocialStudentstudent4
SocialThreat of Stigmathreat9
SocialThreat of Violenceviolence16
SocialTrade Union Membershipunion4
SocialVictim of Abusevictim27
SocialVictim of Abuseabuse32
SocialWomenwomen13
SocialYouth/Minorsminor7
SocialYouth/Minorsyouth1
Socialeducationeducation46
Socialeducationeducational126
Socialeducationschooling1
Socialemployeesemployees5
Socialparentsparent18
Socialparentsparents90
Socialphilosophical differences/differences of opinionopinion20
Socialsex workerprostitution3
EconomicEconomic/Povertypoverty3
General/OtherImpaired Autonomyautonomy4
General/OtherIncapacitatedincapacity1
General/OtherOther Countryanother country2
General/OtherPublic Emergencyemergency6
General/OtherRelationship to Authorityauthority92

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:

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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:

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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:

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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:

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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:

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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
...

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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
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.
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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
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
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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
...

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.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
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. 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.
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: 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
...

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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:

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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:

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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: 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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Searching for indicator disability:

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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:
...

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
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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: 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: 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
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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: 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
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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: 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,
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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
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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
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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
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
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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.
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 41
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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
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: 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
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: 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;
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: 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: 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
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,
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: 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: 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
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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
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: 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.
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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: 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: 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
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: 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
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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
...

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:

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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;
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: 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:
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 9
p.000069: eSilec Professional - www.lexis.com.ec
...

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: 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: 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: 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
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.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: 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.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
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: 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
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: 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
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: 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
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: 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
p.000069: CHILDHOOD AND ADOLESCENCE CODE - Page 39
p.000069: eSilec Professional - www.lexis.com.ec
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.
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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
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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
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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
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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.0