Neutrosocial study of the right to equality and parental co-responsibility in judicial proceedings on parental authority and custody of children and adolescents

Abstract

The legal system, specifically the one contained in the Childhood and Adolescence Code, referred in its article 106, numbers 2 and 4, the preference of the mother in front of the judicial procedures for the custody and parental authority of children and adolescents. The purpose of this research was to make an analysis of Ruling No. 28-15-IN/21, of the Constitutional Court that declares the unconstitutionality on the merits of the sentences the parental authority of those who have not reached twelve years of age will be entrusted to the mother and the mother will be preferred, as long as it does not affect the best interest of the son or daughter, because they are contrary to the principle of the best interest of children and adolescents, and because they violate the right to equality and parental co-responsibility. For this reason, the objective of this research is to carry out a neutrosophical study on the knowledge of university students of the right to equality and parental co-responsibility in judicial processes of parental authority and custody of children and adolescents. The methodology used was mixed qualitative-quantitative, affirmed under the descriptive and transversal types of research. Once the methods were applied, results were obtained that indicate the need to continue researching this topic.