Parental authority and parental coresponsability: an ap-proach to the shared trend in Ecuador

Abstract

The rights of boys and girls are anchored to parental responsibility and the legal protection of the State. Taking as a reference the multiple advances and the progression of the law, several countries have adopted shared tenure within their legal systems. Ecuador is characte-rized by having a broadly guaranteeing regulatory framework, however this legal figure has not yet been contemplated, leaving open the debate regarding the existence or not of discrimination. The objective of this article is to present the main arguments tending to justify the need to share parental responsibility as one of the main rights in favor of children. Through the analysis of tenure and parental authority, some criteria found in the jurisprudence of the Constitutional Court are being considered to favor vulnerable groups. Methodologically, qualitative research was used, reviewing investigative articles related to the subject, and the regulations that support the debate have been highlighted. Finally, the need to guarantee equal rights for parents is exposed, as well as the application of the principle of proportionality between them. As a conclusion, the lack of assessment and weighting of rights is established, especially when both parents are effective.