Tutela a la seguridad social de niños, niñas y adolescentes, en casos de custodia familiar, acogimiento familiar o nombramiento de tutor, Caso No. 2334-16-EP

Abstract

This paper aims to carry out a critical analysis about the protection of the social security of children and adolescents in cases of family custody, foster care, or appointment of a guardian. Hence, this study will demonstrate the erroneous application of legal regulations (Social Security Law) regarding the scope of protection of the right to health by the judges of the Criminal Chamber of the Provincial Court of Justice of Azuay within the Protection Action N° 00020-16, in which the appeal interposed by the Ecuadorian Social Security Institute was declared admissible ignoring the violation of Matías Nicolás Viteri Coellar rights, a nine-year-old boy with an intellectual disability of forty percent (40%) and epilepsy who is in the care of his maternal grandparents. Finally, the method used is qualitative since the legal analysis of the Extraordinary Protection Action No. 2334-16-EP will be carried out, in which the legal problem to be resolved was the violation of constitutional rights to due process in the guarantee of motivation and health. Besides, it will be determined that the aforementioned normative body is incompatible with the right to family contained in the 2008 Constitution