The rights of children and adolescents in Ecuador are supported by

various legal and regulatory sources, such as the Constitution,

international treaties, the Code of Children and Adolescents, and the

Guayaquil. Its objective is to characterize the current state of the rights

of children and adolescents in Ecuador; revealing a series of challenges

and problems that affect them. One of the most violated rights in the

country is access to quality and warmth education, due to

socioeconomic inequality, the precariousness of educational

infrastructure, discrimination and social exclusion, which affects

school dropouts and affects their integral development. Furthermore,

child labor, violence and child abuse are major concerns that require

urgent attention and preventive measures. This study follows a

compliance with the rights of children and adolescents, and their

Los derechos de los niños, niñas y adolescentes en Ecuador se

respaldan en diversas fuentes legales y normativas, como la

Constitución, tratados internacionales, el Código de la Niñez y

Adolescencia, y la LOEI, entre otros. Sin embargo, la aplicación

efectiva de estas disposiciones es limitada, lo que no garantiza el

bienestar y desarrollo integral de esta población. Este artículo es

resultado del diagnóstico del proyecto de investigación “Calidad del

proceso educativo”, realizado por estudiantes y docentes de la carrera

de Educación Básica del Instituto Superior Espíritu Santos en

Guayaquil. Su objetivo es caracterizar el estado actual de los derechos

de niños, niñas y adolescentes en Ecuador; revelando una serie de

preocupaciones importantes que requieren atención urgente y

medidas preventivas. Este estudio sigue una metodología cualitativa,

es una investigación descriptiva, basada en revisión bibliográfica y en

el uso de diversos métodos científicos. Concluyendo que, a pesar de la

sólida base legal en Ecuador, el pleno cumplimiento de los derechos de

los niños, niñas y adolescentes, y su desarrollo integral no se logran de

manera consistente y eficiente en la práctica.

Keywords / Palabras clave

right, childhood, violation, integral development, right to education

derecho, niñez, vulneración, desarrollo integral, derecho a la

guarantee every individual freedom, equality and justice. They protect

essential aspects of human life, such as the right to life, freedom of

expression, education, health and a fair trial. These rights are

universal, inalienable and indispensable for peaceful coexistence and

the full development of humanity. Therefore, defending and

promoting human rights is a vital commitment to building a more just,

inclusive and respectful society.

One of the inalienable and essential human rights is undoubtedly

education. This right is enshrined in several international human

rights instruments, including the 1948 Universal Declaration of

a right in the realm of personal autonomy, education is the primary

means by which socially and economically marginalized adults and

adolescents lift themselves out of poverty and participate fully in their

communities.

Education not only provides knowledge and practical skills, but also

empowers people, promotes equal opportunities, and contributes to

the development of more just and equitable societies. Through

education, critical thinking, creativity, tolerance and respect for

human rights and diversity are fostered.

Education plays a key role in protecting children from labor

right to education is undoubtedly one of the most important rights of

children and perhaps the most important social right. Although strictly

speaking it cannot be said that there are valid rights and other

secondary rights, the above statement is based on the fact that, to a

large extent, through education in various forms and modes, such as

that of man, biological or concrete, who becomes a social entity, male

or female, and through whom acquires the conditions and capabilities

necessary for life in social. In this sense, education in all its

abuse and other forms of exploitation by providing children with

viable alternatives and opportunities for a better future.

Education promotes equal opportunities by providing all children,

regardless of socioeconomic background, gender, ethnicity or

disability, with access to quality learning. This contributes to reducing

social disparities and building fairer and more inclusive societies.

However, the violation of the rights of children and adolescents is a

latent reality that persists in various parts of the world, despite the

efforts made to protect and promote these rights. This affirmation is

supported by multiple evidence and situations that show how children

and adolescents continue to be victims of abuse, discrimination,

exploitation and other forms of violence.

Numerous reports and studies reveal the persistence of problems such

as child labor, child abuse, human trafficking, the recruitment of

children in armed conflicts and other forms of exploitation. These

practices have a significant impact on the integral development of

addition, many children in the country face additional obstacles due to

the internal armed conflict decreed in January 2024, discrimination

and stigmatization based on factors such as economic status or

ethnicity.

guide the formulation of public policies and laws related to children

and adolescents.

Ecuador's Childhood and Adolescence Code is another key piece in the

protection of the rights of this population. This code establishes the

rights and responsibilities of children and adolescents, as well as the

obligations of the state and society in their protection and welfare. It

contains specific provisions on issues such as education, health,

protection against violence and exploitation, among other

fundamental aspects for the development of children and adolescents.

eighteen years of age; and Art. 4 defines a child as a person who has

not reached twelve years of age. Adolescent is a person of either sex

Chapter II establishes the Rights of survival, as indicated in Article:

20- Right to life; and Article 26. - Right to a dignified life, which

establishes that children and adolescents have the right to a dignified

life, which allows them to enjoy the socioeconomic conditions

necessary for their integral development (Ecuador, Asamblea

Nacional, 2022).

Among the rights related to development is the right to education, Art.

37, which states that children and adolescents have the right to quality

1. Guarantees the access and permanence of every child to basic

education, as well as of the adolescent up to high school or its

equivalent;

Guarantees that children and adolescents have adequate teachers,

teaching materials, laboratories, premises, facilities and resources,

and enjoy a favorable learning environment. This right includes

effective access to early education from zero to five years of age, and

therefore flexible and open programs and projects, appropriate to the

cultural needs of learners, shall be developed; and,

disabilities, and Art. 48.- Right to recreation and rest. - Children and

adolescents have the right to recreation, rest, play, sports and other

activities appropriate to each stage of development. (Ecuador,

National Assembly, 2022).

83 establishes the eradication of child labor; and Article 84 establishes

that under no circumstances shall the working day be extended to

children and adolescents. - establishes that under no circumstances

may the working day of adolescents exceed six hours a day for a

maximum period of five days a week; and it shall be organized in such

a way that it does not limit the effective exercise of their right to

In addition to the Constitution, international treaties and the

Childhood and Adolescence Code, there are other specific laws and

regulations that complement and strengthen the legal framework for

networks can leave these young people emotionally vulnerable and

isolated.

commitment, but also the active participation of civil society and

collaboration among all relevant actors.

rights in the Ecuadorian context, as well as their causes and

consequences.

these factors are determining factors in the problem. Dropping out of

school, in particular, has a significant impact on the comprehensive

development of the subjects, which is why comprehensive policies and

programs are required to address its multiple causes.

Although the Ecuadorian Code for Children and Adolescents clearly

establishes that the minimum working age is 15 years, in practice this

is not enforced and child labor continues to be a reality that affects

society as a whole. Therefore, it is imperative to promote compliance

with labor laws prohibiting child labor and ensure that children and

adolescents have access to quality education and opportunities for safe

and healthy development.

children and adolescents must be guaranteed and the necessary

support must be provided for their recovery and healthy development.

protection and comprehensive well-being of children and adolescents.

Constitución de la República del Ecuador. (2008). Obtenido de

Ecuador, Asamblea Nacional. (17 de enero de 2022). Código de la

González, O. (2018). Derechos humanos y derechos fundamentales.

INEC. (2012). Primera Encuesta Nacional de Trabajo Infantil. Quito:

Jonathan, A., Meza, L., & Navarro, D. (2023). Salud mental en niños y

Piñeros, S., Moreno, J., Garzón, N., Urrego, Z., Samacá, D., & Eslava,

PRIMICIAS. (21 de Marzo de 2024). PRIMICIAS EL PERIODISMO

Turbay, C. (2000). El derecho a la educacion. Proyecto “Estrategia

UNESCO. (2011). La UNESCO y la educación: toda persona tiene