Factores que impiden a las personas mayores de quince años poder solicitar la acción judicial de protección que tienen derecho los niños, niñas y adolescentes

2014 
The present research is part of a basically focusing depth analysis of the state institutions is permanently depressed by unlawful behavior of political actors who violate the stability and internal governance , reflect not only the weakening of democracy but also threaten the security legal as well be one of our most important assets, represents the emblem of protection and certainty we have the inhabitants of this part of the country to wait for the repair of our rights when somehow been affected . Given this the question arises about the situation of the various constitutional mechanisms and legal framework covering the full protection that the state, society and family should ensure that all children and adolescents in this country , just to forewarn that set of rights called powers and prerogatives , we presume that at home , exercise , enjoyment and fulfillment of the rights of children and adolescents is illusory , rather they are violated at both structurally and in their family, seems to be a cultural thing and that is rooted in our culture. The state even considers childhood and adolescence as a vulnerable group , however the reality is different , as Ecuador is missing more than half the way to ensure that all children grow up healthy and have the opportunity to develop their skills ; constantly observes the violation of human rights , abandonment , assault , sex crimes , rape, making it the families of those abused children do not even know where to turn or what process do to safeguard the integrity of minors , which visualize that makes protective legal action does not meet the objective of obtaining an injunction for the protection of collective and diffuse rights of childhood and adolescence. Thus it is determined that in Ecuador , the situation of children and adolescents is extremely critical , which are constantly subjected to abuse, violence , drug addiction, crime , neglect , and intrafamily aggression problems , however in Chapter III of Code of Childhood and adolescence talks about THE PROTECTIVE ACTION , in Article 264. - purpose and nature . - the protection lawsuit is to obtain an injunction to protect collective and diffuse rights of children and adolescence , and involves the imposition of a particular act or omission behavior of possible fulfillment , addressed to the person or entity required , with the precautions listed in the law. But Article 265 speaks of the " Right of action " and who can propose the protection lawsuit in their respective jurisdictions Rights Protection Boards , the Office of the Ombudsman , and the letter " C " manifest " any person more than fifteen years with an interest in it " , denoting a clear contradiction to a real court action for the continuation of content" for the action of subparagraph c ) , be required of a lawyer , for this contradiction have failed to reduce the threats or produced rights violations , especially when the person more than fifteen years to seek protection lawsuit requires the sponsorship of a lawyer.
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