Passive procedural legitimation of the right to food for adult students in Ecuador

Abstract

Introduction: This research analyzes the regulatory gap in the Ecuadorian legal system regarding passive procedural legitimacy in child support proceedings for adult students between 18 and 21 years of age. Although the legislation recognizes the continuity of child support rights at this stage, it does not establish who should assume the obligation or how the procedural relationship should be configured, which generates a concentration of burden on a single parent and violations of the principle of parental co-responsibility. Materials and methods: A mixed methodology was used that combines normative, doctrinal and jurisprudential analysis with empirical techniques such as jurimetrics, surveys and legislative validation. Results: The results reveal the need to incorporate a substantial and procedural reform that regulates passive legitimacy in child support proceedings for adult students, the implementation of a procedure to claim it, the subsidiary obligation in cases of orphanhood and mandatory passive joinder of litigation. Discussion: The proposal was approved by legislators and is based on principles of procedural fairness, personal autonomy, and effective judicial protection, incorporating comparative experiences from Colombia, Peru, and Mexico. Conclusions: In summary, the proposed reform not only corrects institutional dysfunctions but also strengthens the coherence of the Ecuadorian food system, ensuring the subsistence of the right in the post-emancipation period and promoting a more equitable, co-responsible, and guaranteed justice model.