PROTECTION MEASURES FOR CHILDREN AND ADOLESCENTS – Diario La Hora
We found that many parents, as well as close relatives and citizens in general do not know what they are and how they should request and receive the measures to protect the rights of these people. More than informative, this collaboration aims to be a didactic and practical document for the actual exercise of these rights.
1.- What is a protection measure?
Pursuant to Article 215 of the Organic Code for Children and Adolescents, hereinafter -CONNA-; protection measures are actions that the competent authorities take through a judicial or administrative decision in favor of children or adolescents, when there has been or is an immediate danger of violating their rights due to actions or inactions of the state, society, their parents or guardians of the child or the adolescent.
2.- When are protective measures required?
Protective measures must be requested when there has been or is an imminent danger of violating the rights of children and adolescents. In such a way that the protective measures aim to stop the act of threat or to restore the violated right in order to ensure lasting respect for the rights of children and adolescents.
Protective measures may be replaced, amended or revoked by the same authority that imposed them.
3.- What are the protection measures in favor of children and adolescents?
Protection measures can be administrative and judicial.
3.1.- The measures for judicial protection are: Foster care, institutional care and adoption. These measures can only be issued by a competent authority.
3.2.- The administrative protection measures are those described in Article 217 of -CONNA- and they are:
3.2.1.- Actions of an educational, therapeutic, psychological or material nature in support of the family unit.
3.2.2.- Order for looking after the child or adolescent in their home.
3.2.3.- Family reintegration or return of the child and adolescent to his biological family.
3.2.4.- Procedure for including a boy, girl or adolescent or the person involved in the threat or violation of the right in any of the protection programs provided by the system, and that, according to the competent authority, is most appropriate for the type of the violation as an order to carry out the necessary investigations to establish and locate the child or adolescent or their relatives and clarify the family and legal social situation of the child or adolescent, the order to carry out a specific action to restore the violated right, such as imposing on parents to register the child or adolescent in the Civil Registry or to order a health facility to provide emergency assistance or an educational institution to proceed with his enrollment.
3.2.5.- Temporary removal of the person who has endangered or violated a right or guarantee in the place where they live with the affected child or adolescent.
3.2.6.- Urgent temporary detention of the affected child or adolescent in a family home or in a care facility for up to seventy-two hours, during which time the judge will order the appropriate protection measure.
4.- Who can request an administrative measure of protection.
Competent authorities established by -CONNA- may act ex officio and those granted public action may propose administrative action for protection.
4.1.- Affected boys, girls or adolescents.
4.2.- Every member of his family up to the fourth degree of consanguinity and the second degree of matchmaking.
4.3.- Public defender.
4.4.- Defenders of the community.
4.5.- Any natural or legal person who has an interest.
5.- Which authorities can be addressed to request protection measures for the benefit of children and adolescents.
To request protective measures for: foster care, institutional foster care and adoption, you must go to the Family, Women, Children and Adolescent Judge, as these measures are issued exclusively by the jurisdictional authority.
To request protection measures other than foster care, institutional care and adoption, you can contact the cantonal councils for the protection of rights.
6.- What are the cantonal councils for the protection of rights?
In the light of Article 205 of CONNA, the cantonal protection councils are bodies at operational level whose public function is the protection of the individual and collective rights of children and adolescents.
Among the functions of the cantonal councils for the protection of rights are:
a) knows ex officio or at the request of a party the cases of threat or violation of the rights of children and adolescents within the jurisdiction of the relevant canton and orders the necessary administrative protection measures to protect the threatened right or to restore the violated right; as well as to monitor the implementation of the dictated measures.
b) Presents the necessary actions before the judicial authorities in case of non-implementation of their decisions.
c) Keeps a record of the families, adults, children and adolescents from the respective Municipality, against whom protection measures have been applied.
d) notifies the competent authorities of administrative and criminal violations against children and adolescents.
e) Tracking, review, evaluation of the provided protection measures in relation to the objectives they had at the time of their issuance.
7.- Where are the cantonal councils for the protection of rights located?
The aforementioned councils are located in municipalities, cantons or parishes.
For example, in the city of Quito there are four metropolitan councils, these are:
• Board for central area in the historic center.
Coverage: San Juan, Itchimbía, La Libertad, Historic Center, Puengasí, Chilibulo, La Magdalena, Chimbacalle, La Ferroviaria, San Bartolo, La Mena, Solanda, La Argelia
• La Delicia Zone Board in the Parish of Cotocollao.
Coverage: San Antonio, Pomaski, Carcelén, El Condado, Ponceano, Cotocolao, Pueblo Committee, Kennedy, San Isidro del Inca, Concepcion, Cochapamba, Rumipamba, Gipijapa, Iñaquito, Belisario Quevedo, Mariscal Sucre
• District Council of Calderon.
Coverage: Pact, Gualea, Nanegalito, Nanegal, Nono, Calacalí, San José de Minas, Atahualpa, Chavezpamba, Perucho, Puéllaro, Calderón, Llano Chico, Zámbiza, Nayón, Cumayá, Tumbaco, Puembo, Tababela, Guayllabamba, El Quinche, Checa , Yaruki, Pifo
• Quitumbe Board.
Coverage: Lloa, Chillogallo, La Ecuatoriana, Guamaní, Turubamba, Conocoto, Amaguaña, Guangopolo, Alangasí, La Merced, Pintag
The aforementioned councils are located in municipalities, cantons or parishes.
For example, in the city of Quito there are four metropolitan councils, these are:
• Board for central area in the historic center.
Coverage: San Juan, Itchimbía, La Libertad, Historic Center, Puengasí, Chilibulo, La Magdalena, Chimbacalle, La Ferroviaria, San Bartolo, La Mena, Solanda, La Argelia
• La Delicia Zone Board in the Parish of Cotocollao.
Coverage: San Antonio, Pomaski, Carcelén, El Condado, Ponceano, Cotocolao, Pueblo Committee, Kennedy, San Isidro del Inca, Concepcion, Cochapamba, Rumipamba, Gipijapa, Iñaquito, Belisario Quevedo, Mariscal Sucre
• District Council of Calderon.
Coverage: Pact, Gualea, Nanegalito, Nanegal, Nono, Calacalí, San José de Minas, Atahualpa, Chavezpamba, Perucho, Puéllaro, Calderón, Llano Chico, Zámbiza, Nayón, Cumayá, Tumbaco, Puembo, Tababela, Guayllabamba, El Quinche, Checa , Yaruki, Pifo
• Quitumbe Board.
Coverage: Lloa, Chillogallo, La Ecuatoriana, Guamaní, Turubamba, Conocoto, Amaguaña, Guangopolo, Alangasí, La Merced, Pintag
