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El principio constitucional de igualdad y no discriminación sobre la población LGBTI y su incidencia frente a la adopción en cuanto al requisito de sujetos parejas heterosexuales, en Ecuador en el año 2015
| Content Provider | Semantic Scholar |
|---|---|
| Author | Bonifaz, Faconda Ivonn, Tatiana |
| Copyright Year | 2018 |
| Abstract | To start the research work it is necessary to deal with the rules and doctrine that treat the principle of equality, as well as determine the constitutional context. The word is derived from the Latin word aequalitas, which in its meaning closest to English means quality, applied to the legal environment that implies the implication that all human beings have the same quality. The principle of the prohibition of discrimination was addressed, with emphasis on the topic of study, which is related to gender-based discrimination. The term discrimination comes from the Latin dicriminare, which means to differentiate in Spanish. For research purposes, work would mean the express prohibition of differentiating people or treating them in an indifferent and unjustifiable manner. Once the principle of equality and the prohibition of discrimination have been studied, the cause that occurs on the adoptive figure is analyzed, specifically in relation to the Organic Code of Children and Adolescents, article 153, which determines the adoption by heterosexual couples. For this, the adopted figure centered on these principles will be studied. Adoption in an appropriate concept is a legal means to create an artificial filiation, by means of which a person or a couple, the people who seek the home with a minor who are in a state of abandonment or whose parents have been deprived of their parental rights, without a close relative who wants to take care of it. In this way, it is more than clear that the Organic Code of Children and Adolescents, article 153, numeral 3, breaks the principle of formal equality, because the norm establishes an unjustified differentiation that violates the principle of equality. In our Ecuadorian Legislation by approving the Constitution of 2008 I offer different groups Collective Rights and Guarantees, we can mention that a Collective Group called LGBTI was currently allowed only the Union of Fact, but have no right to Adoption because they are not considered suitable According to the Law, only heterosexual couples can access this requirement because there is a violation of the Principle of Equality and Non-Discrimination established by the Constitution itself. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://dspace.unach.edu.ec/bitstream/51000/4868/1/UNACH-EC-FCP-DER-2018-0025.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
