Análisis para la creación y aplicación de una tabla diferenciada mediante la cual se regule pensiones alimenticias para las personas adultas mayores en estado de vulnerabilidad.

Abstract

The present work aims to create a table of alimony for the elderly, by which this right is regulated and by which they can receive food for their subsistence, and at the same time to avoid violating the guarantees offered by the current Constitution of the Republic of Ecuador; Likewise, the competent agencies provide control and followup to ensure compliance with the law for the benefit of the elderly. From the legal sphere, the obligation of food includes those elements that are essential for a person to meet their basic needs, depending on the family's economic position. The food pension fixation includes what is necessary for; housing, education, transportation, clothing, medical assistance among others. The nutritional obligation is based on the need of one person to receive from another what is necessary to survive with dignity; this is due to the advanced age or poor physical and mental health of a person, which makes it impossible for the elderly to be able to provide food. This obligation is the responsibility of a close relative, since the offspring generates this obligation (Parents are responsible for their children and otherwise); this responsibility also falls on a direct family member. The current organic law for older adults typifies certain guarantees for the benefit of the elderly, such as; tax exemptions, exemption from payment for notarial and registration costs among others; but it lacks a legal provision that orders and guarantees the creation of a table of alimony, and also a technical department that controls the deposits produced by alimony are made on a monthly basis. In Ecuador, despite having signed international treaties, which promote the right to food and the development of a decent life in old age, they do not apply when this right is demanded by the citizens before the courts.