Análisis desde el enfoque de género de las resoluciones de tenencia de las y los hijos, en la Sala de la Familia, Mujer, Niñez y Adolescencia de la Corte Provincial de Justicia del Azuay, en los años 2014-2018

Abstract

This thesis of descriptive scope, of interpretive - qualitative paradigm, had as a general objective to analyze the legal and socio-cultural elements that support the decisions of female and male judges of the Family, Women, Children and Adolescents Chamber of the Court of Justice of Azuay, in the trials of custody of sons and daughters in the 2014-2018 period. To meet the objective, a sample consisting of seven sentences and five judges of the Family, Women, Childhood and Adolescence Chamber of the Court of Justice of Azuay was selected, the techniques used were document review (Judgments) and open interviews. The results of the investigation account for the legal, social and cultural components manifested in the resolutions on child custody, as well as the beliefs and perceptions of female and male judges on single-parent and shared child custody. The main conclusions reached are: The Family, Woman, Childhood and Adolescence Chamber of the Court of Justice of Azuay, in the years 2014-2018 has made use of national and international legislation, the Constitution of the Republic, the Code of Children and Adolescents, and the Convention on the Rights of Children on the principle of best interest of girls, boys and adolescents. The judgments show a gender approach with a legal basis, fragments of legislation that perpetuate the patriarchal system with inequalities and coincide with the legal arguments of recognized authors. The social and cultural factors that determine the decisions of judges in the resolutions on child custody come mostly from patriarchal social construction, such as gender roles, domestic violence, sexual division of labor, economic status of parents and others such as migration. The beliefs and perceptions of female and male judges about single parent child custody show limitations, risks, and resistance when analyzed with a gender approach; It is believed that shared child custody, an institution born of the agreement between parents, is a mostly favorable alternative to patriarchal child custody, although other limitations are evident.