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García Erazo, Erika
EVIDENCE IN ALIMONY TRIALS DIRECT
CITIZEN PARTICIPATION AS A MECHANISM FOR THE EXERCISE OF HUMAN RIGHTS
2023
,
Lascano Díaz P.A.
,
García Erazo, Erika
The objective of this article is to analyze the principle of the best interest of the child against the practice of the test that is carried out in the processes of fixing alimony; based on what is established by the doctrine and the national and international legal system, it is sought to know if there is a violation of the rights of the feeders under a regulatory framework that allows establishing a food quota based on a sectoral table that may or may not respond to your economic reality. The research is developed from the analytical and inductive methodology as it allows to describe and understand the variables presented from a qualitative approach. The research questions that have given the guideline for the realization of this work are: What are the scope of the principle of the best interest of the child within the processes of fixing alimony? And what are the protection mechanisms of the fundamental rights of the obligors against these processes? From the analysis carried out, it has been possible to determine that the practice of direct evidence in these cases does not guarantee 100% the exercise of the rights of people based on the realities in which they find themselves. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.
2023
,
Gamboa Vargas S.L.
,
García Erazo, Erika
,
Villacrés Salas M.P.
This article addresses the scope of the right to citizen participation contained in the jurisprudence of the Inter-American System and analyzes the partition mechanisms incorporated in the Ecuadorian State. The objective of this article is to analyze the scope of citizen participation as a right and the constitutional mechanisms available in Ecuador since the 2008 reform. The research is developed from the analytical methodology, as it aims to perform an inductive analysis to describe and understand the variables presented and is qualitative in nature. The research questions guiding the elaboration of this research are: What are the scope and inter-American standards for the protection of the right to participation? And what are the mechanisms of participation recognized in the Ecuadorian constitution of 2008? From the analysis carried out, it has been determined that although the jurisprudence of the Inter-American Court addresses citizen participation as a mechanism of participatory democracy that tends to establish similarities with direct democracy, the Ecuadorian Constitution and in particular the Organic Law of Citizen Participation clearly establishes different types of mechanisms for the exercise of this right, being the broadest and most specific national legislation with respect to this right. © 2023, University of Cienfuegos, Carlos Rafael Rodriguez. All rights reserved.