By Myriam Perez | Project Leader
The non-citation violates the rights of children who are beneficiaries of alimony pensions as well as their caregivers. For this reason. our team from Idea Dignidad presented a Protection Action because the State instances in matters of justice do not cite the parents in debt for alimony of the girls, boys and adolescents.
In the hearing filed against the Council of the Judiciary for the excessive delay in the processes in charge of the subpoenas office, we point out that in accordance with article 5 of the Regulations for the management of judicial subpoenas "the subpoenas or judicial servants, If this is the case, they will carry out the procedure within a maximum term of 15 days, counted from the day after the receipt of the summons slips." After 3 hours of hearing, the judge declared: ·
- The violation of the rights to legal security,dignified life, and the best interest of the child contained in articles 82, 66.2, 44and 45 respectively of the Constitution of the Republic.·
- Accepted the protection action raised·
- As a measure of reparation, it ordered that through the Provincial Directorate of the Council of the Judiciary of Pichincha, all the necessary actions and corrections are taken in the office of citations so that in the demands that the legitimized active have filed, proceed to make the effective summons to the defendants (feeders); if it is necessary to designate specific officials, the They will make the aforementioned citations regardless of the time, within the three days from this resolution.·
-Through the Provincial Directorate of the Council of the Judiciary of Pichincha and the National Directorate of Procedural Management, issue guidelines in order to establish priorities in cases where you discuss on the rights of children and adolescents; starting on the basis of arts. 35, 44 and 45 of the Constitution of the Republic of Ecuador, in order that in the citations office know how to differentiate and give constitutional priority, to that the action of citing is carried out within reasonable terms and terms established in the Regulations for the Management of Judicial Summons, and thus Avoid lengthy and unnecessary delays.· - Finally, as a measure of satisfaction, that the Council of the Judiciary, through of the Provincial Directorate of Pichincha, issue a public apology to the active legitimized women and their children, using inclusive and understandable language for boys and girls; for this purpose, it will make the publication on the website official of the Council of the Judiciary for a period of fifteen days.
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