Effective Judicial Protection and the Principle of Equality in Proceedings Involving Children and Adolescents with Disabilities in Ecuador

Abstract

Introduction: This study analyzes the application of the principle of equality and effective judicial protection in judicial proceedings involving children and adolescents (NNA) with disabilities in Ecuador, highlighting the structural and procedural barriers that hinder effective access to justice. It is based on the question: How does the Ecuadorian procedural system guarantee the right to equality and non-discrimination of children and adolescents with disabilities, in accordance with the principles of effective judicial protection and due process? Materials and methods: A qualitative methodology was used, descriptive-explanatory in scope, with a non-experimental and cross-sectional design. Results: Among the results, deficiencies were identified such as the absence of reasonable accommodations, insufficient motivation in sentences, and the lack of specialized protocols. A set of procedural legal guidelines is proposed that include reinforced motivation, mandatory training, the creation of specialized expert units, and intersectional action protocols. Discussion: The comparative analysis with Spain, Colombia, and Chile validates the viability of this proposal. Conclusions: It is concluded that it is necessary to transform the Ecuadorian judicial system from an inclusive and substantive justice perspective that guarantees the procedural rights of children with disabilities.