The best interests of the child in Ecuador: an analysis of its application and challenges

Abstract

The study analyzed the application of the Best Interests of the Child (BIC) principle in Ecuador, aiming to identify the main obstacles to its effective implementation and to propose recommendations to strengthen the protection of children’s rights. Using a qualitative approach, scientific articles, reports, and legal documents, including laws, decrees, and public policies related to childhood, were reviewed. The findings revealed that factors such as poverty, inequality, violence, lack of access to services, discrimination, and child labor hinder the full protection of children and the application of the BIC principle. Additionally, deficiencies were identified in legislation, policies, and protection mechanisms, including limited resources, institutional weakness, poor coordination, and insufficient participation of civil society and children themselves in policy-making. It is concluded that despite legal advances, the implementation of the BIC principle faces significant challenges, making it necessary to strengthen inter-institutional coordination, promote child participation, raise public awareness, train operators, allocate adequate resources, improve services, and encourage research. Furthermore, it is crucial to develop public policies that reduce poverty and inequality, prevent violence, ensure access to education and healthcare, and reinforce institutional capacity to guarantee the full exercise of children’s rights in Ecuador.