Análisis de la interpretación y aplicación del interés superior del niño, niña y adolescente dentro de la sentencia No. 239-17-EP/22 emitida por Corte Constitucional

Abstract

This work analyzes Judgment No. 239-17-EP/22 issued on January 12, 2022 by the Constitutional Court of Ecuador in the extraordinary action of protection related to a process of improper retention of children and adolescents, a case that was resolved by the Multicompetent Chamber of the Provincial Court of Justice of Santo Domingo de los Tsáchilas. The scope of this judgment has legal relevance in that it delves into matters of Childhood and Adolescence, specifically on the issue of the best interest of the child as a guiding principle of the rights of children and adolescents as well as the right of every child and adolescent to be heard in the processes that affect them, in this way, through a doctrinal and legal research on the rights of children and adolescents focused on the configuration of the principle of the best interest of the child and adolescent, the judgment will be analyzed considering two main aspects; The first on how the Constitutional Court interprets the principle of the best interest of the child; and the second one regarding the criteria of the Constitutional Court on the considerations that must be made for a correct application of the referred principle.