ECUADOR: New constitution strengthens childrenā€™s rights

On 28 September, Ecuador voted in favour of a new constitution. The Constitution of Montecristi is the first to recognise childrenā€™s rights throughout the text, including on issues of political participation, enforcement mechanisms and education rights.

According to Cecilia Lazo, consultant at the Instituto Nacional del NiƱo y la Familia (National Institute for Children and Families), ā€œthe new text maintains and enshrines those child rights which have already been recognised, but goes further by making them visible throughout the text in a way that has never been done before.ā€

Her only comment was on education for which the State assumes total responsibility but which, in her opinion, is a responsibility of society as a whole, including of families and communitiesā€¦

President of the Children and Adolescentsā€™ Forum, Patricio Cajas, highlighted the most relevant triumphs for child rights in the new Constitution as: the right to vote at 16 (article 62), the progressive eradication of child labour, free education up to secondary level and mechanisms for childrenā€™s participation in decision-making in State bodies.

In response to arguments that 16 and 17 year olds will be manipulated by adults and lack experience in standing for elections, Cajas responded that ā€œwe must not be afraid,ā€ adding that these mechanisms will encourage political participation.

Assembly member Amanda Arboleda commented that one of the reasons that young people should have the right to vote is that politicians do not demonstrate interest in their problems and do not listen to them because they are unable to voteā€¦

Arboleda also defended young peopleā€™s right to stand for election from 18 and emphasised that the moral standing of a person was more important than university degrees or experience.

Another new provision in the Constitution is childrenā€™s right to judicial protection, recognised in article 175, which states that ā€œchildren and adolescents will be subject to specialised legislation and administration of justice, which will include suitably trained staffā€¦ā€

Article 186 establishes that ā€œevery canton, will have at least one judge who specialises in family, children and adolescents and one judge who specialises in young offenders.ā€ā€¦

[Sources: www.eltelegrafo.com.ec, El Milenio]

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