Rights of Children of Parents Deprived of Liberty: A Critical Analysis of Legislation and Public Policies

Abstract

Introduction: In Ecuador, parents deprived of their liberty with minor children are separated from them for serving their prison sentence. This abrupt separation prevents them from exercising their paternity at an affective, economic, social, and legal level, which places these minors in situations of risk and vulnerability due to the impact of being deprived of their family environment. This editorial discusses the importance of focusing state attention through the creation of public policies. Methodology: The analytical and critical method was used, which helped to draw conclusions from the facts and measure the applicability of the standard for vulnerable groups. Qualitative research due to the use of different information sources within the Ecuadorian legal framework channeling its review, description, understanding and research. Results: There is evidence of the need to create a special regulation regarding the protection of minors at risk by establishing a regulation that establishes the inter-institutional cooperation of state entities for their coordination which would focus the applicability of the norms. Conclusion: After analyzing the constitutional legal system and the public policies issued by the Ministry of Economic and Social Inclusion as well as the National Service of Integral Attention to Adults Deprived of Liberty and Adolescent Offenders in the period 2021 - 2023 there is no specific regulation that guarantees the integral development and the best interest of the child in economic aspects. Therefore, the creation of special regulations is required to establish the competence of the state entities that can intervene on behalf of minors at risk.