La violencia intrafamiliar en la legislaciòn ecuatoriana

Domestic violence has become a major social problems, such as a widespread phenomenon that affects a large percentage of Ecuadorian families. Formerly problem of violence was understood as an exclusive family affair, whereas now becomes a matter of concern to both society and state, as it affects mental health of a large part of population, but apparently times have changed in our modern societies, history repeats itself daily. In fact is not yet fully recognize and respect rights that most vulnerable groups in our society, same as are embodied in Article 44 of Constitution of Republic and which is concordant with Article 11 of Code of Children and Adolescents, which refer to children, adolescents, women, elderly and other minority groups playing this way a relationship of domination of historical fact that there was promoted by women's organizations, Law Against violence of Women, legal instrument that will allow us to visualize seriousness and importance of problem of domestic violence, as currently through of complaints, you have some statistics on number of cases of violence and mechanisms also pose preventive to this problem, one of major problems facing our society and has increased in recent years is altering nuclear family expressed by a series of violent actions directed especially to women, children and adolescents situation transmitted from generation to generation, especially affecting households suffer from economic constraints and entrenched cultural beliefs. The practical interest in legal field to think through this thesis is to demonstrate existence of domestic violence in cell of society is family, which in turn seeks exercise of human rights and it is why we are looking specifically warn that acts of violence committed against women are based on inequitable gender relations, expressed in different spheres of social life, in relationship, family, workplace, educational, social, public or private institutions, media, etc. My interest focused within general framework of violence that takes place within family, originates from various proposals: first think, given importance of family in formation of subjects, a decrease in levels of violence in it can have positive effects on society; Secondly, I judge that is relevant exempt family dynamics of hostility, as right of citizens to body, physical and mental integrity advocated in all international forums and inserted into fundamental legal expressions, should certainly respected in family context. These worries or a concern that have driven this research has some background in country, particularly in area of child. At international level, domestic violence has been subject of countless studies; many of them designed by world's representative bodies such as UN, Council of Europe, and The Max Institute. Plans (Germany) Home Office Research Unit (England) and United Way of Great Vancouver (Canada). Domestic violence is not a modern problem, although in recent decades company is interested in highlighting phenomenon, and this happens for several reasons: First, family has ceased to be a private haven, subject to internal decisions and authority of who governs. Comprehensive protection of family which currently tends, has led to search for mechanisms to detect poor performances with a view to prevention and treatment. In this perspective, domestic assaults constitute a system of distortions that state seeks to reform with different props. The neutrality of public power disappears in circumstances that endanger family organization; today receipt of domestic intimacy does not exclude help of community, which only takes place if problems affecting family dynamics are known. For this reason, expose a contradiction between image of family as island of love and harmony and real violent behaviors that occur in it, does not imply a risk to family as traditionally thought, but by otherwise an increase in welfare. The point made that explains display greater problem with constant development of studies and programs that provide, cannot be thought in isolation but connected to new position of women in society and consideration of children as subjects of rights. In sum, family abuse and is now displayed in public, that is existence of power relations that make it possible. Thus, domestic violence constitutes domain of knowledge, just as other power relations previously confined to silence those facts. The old attribution of pater family to have lives of women, children is replaced by current power state to defend life, physical, psychological integrity and personality of members of family, human rights, these corresponding to every citizen in a true state of law. This historical process conditions receipt of family violence in public discourse where an evolutionary line from the will to ignore (instance of censorship) to will to know is observed. The proliferation of studies on domestic violence, then, is a result of changing authority relations within family. On one hand, loss of disciplinary authority of men over women, and on other, limits that State has put parents in their role of educating and training next generation.

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