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The principle of higher interest of the child in the Ecuadorian legal framework

Abstract:

The objective of this descriptive study, of bibliographic revision type, is to analyze the principle of the higher interest of the child in the Ecuadorian legal framework. It is based on the qualitative approach, as well as the methods of scientific, historical-logical, exegetic research, bibliographical review, content analysis and analytical-synthetic. As a result of the analysis, a deep reflection, explanation and argumentation on this constitutional norm is obtained, which comes to eradicate the national and international legal void on the rights of children and adolescents. It is an indeterminate, subjective and flexible principle that leaves room for manipulation and makes its practical implementation difficult in the legal exercise in decision making. In spite of its limitations, it is present in the different Ecuadorian legal spheres, as the basis of the rules regarding children and adolescents.