Violation of the principle of procedural celerity in the child’s family reintegration procedure in Ecuador

Abstract

Introduction: This research addresses the impact of the principle of procedural expeditiousness in family reintegration procedures for children in Ecuador, a situation that violates the right to live in a family and the principle of the best interests of the child. The formulation of the problem raises the following question: How does the violation of the principle of procedural expeditiousness impact the effectiveness of family reintegration procedures for children in Ecuador? In order to address this problem, we propose reforming Article 270 of the Children and Adolescents Code to establish clear provisions, peremptory deadlines, and precise obligations, strengthening the existing family reintegration protocol. Materials and methods: The methodology employed was a mixed approach, with direct observation techniques, documentary review, and semi-structured interviews applied to judicial and administrative officials in the city of Santo Domingo. Expert criteria were also used to validate the proposal. Results: Among the results, it is noteworthy that 91.6% of those interviewed identified the lack of a specific regulation as a cause of the delays, and the regulatory proposal received an average rating of 9.4 out of 10, considered optimal. Discussion: The research is based on the premise that the absence of defined timelines, weak institutional coordination, and lack of judicial oversight unnecessarily prolong the separation of children from their family environment. Conclusions: The research concludes that the proposed reform is feasible, pertinent, and necessary to guarantee expeditious, coherent processes centered on the rights of children and adolescents.