La responsabilidad penal de los menores infractores en el Ecuador, en concordancia con los estándares internacionales establecidos por la Convención sobre los Derechos del Niño. Propuesta de reforma al Código Orgánico de la Niñez y Adolescencia.

Abstract

The research focused on evaluating Ecuadorian legislation regarding the criminal responsibility of minors, aiming to analyze its practical, social, and psychological impact while identifying areas for improvement in line with international standards, particularly the Convention on the Rights of the Child. The methodology involved a detailed analysis of Ecuador's Code of Childhood and Adolescence and a critical review of relevant international treaties. The practical application of socio-educational measures, societal perception of juvenile offenses, and their psychological influence on minors were examined. From a practical perspective, it was noted that Ecuadorian law established socio-educational measures as alternatives to criminal penalties for juvenile offenders, emphasizing the need to assess their effectiveness in rehabilitation and social reintegration. The specific reform proposal to the Organic Code of Childhood and Adolescence included modifications to Article 38 to establish criminal responsibility from the age of 16, tailor judicial procedures to the minor's age,prioritize rehabilitative and educational measures, promote restorative justice, and prohibit the deprivation of liberty for those under 16, except in exceptional cases. Thisproposal aimed to harmonize national legislation with international standards, recognizing the progressive development of the minor's capacity and prioritizing measures that promote rehabilitation and social reintegration while respecting fundamental rights. The research concluded by providing well-founded recommendations to strengthen legislation and enhance the comprehensive protectionof the rights and well-being of minors in the juvenile justice system.