Reconocimiento de derechos constitucionales de filiación en acción extraordinaria de protección, Caso Satya N° 1692 – 12 – EP

Abstract

The present work attempts to accomplish a critical analysis about the recognition of the rights of double maternal affiliation in favor of a girl named Satya, rights that were denied by the Directorate of the Civil Registry of Pichincha. By certain resources it will be shown what were the legal problems which were analyzed so that the Constitutional Court has delivered a favorable decision in the Extraordinary Protection Action, case No. 192 - 12 - EP. A petition to register a girl is presented to the Director General of the Civil Registry, the daughter of two mothers, the request is denied. A protection action is filed through the Public Defender, alleging that it has been violated the constitutional and fundamental rights recognized in the Constitution of Ecuador, the right to equality, the right to a nationality, the right to identity, the right to a family, violation of legal security, effective judicial protection. By means of a qualitative method, the legal analysis to be used is an Extraordinary Protection Action No. 192 - 12-EP, the legal problem to be solved was that the Ecuadorian legal / regulatory system does not contemplate the registration of a boy or girl with the surnames of two mothers, for what the weighting of rights should be for the best interests of the child, and constitutional interpretation, the rights of a girl born in Ecuador with foreign mothers, who went to the Civil Registry entity to register the girl. One of the objectives of this legal analysis is to determine the legal consequences derived from the application of the jurisprudential rule in constitutional sentences, in relation to identity and filiation rights. For the first time in Ecuadorian Law, through case No. 192 -12 - EP, as a state of rights and social justice, a secular state, adopts a decision by means of jurisprudential rule recognizing the double maternal affiliation in Ecuador.