Browsing by Author "Chávez Toscano, Ivonne Alejandra"

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    Las acciones afirmativas como políticas públicas de igualdad de género en un estado constitucional de derechos
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-11) Chávez Toscano, Ivonne Alejandra; Vargas Villacrés, Borman Renán
    Affirmative action public policies, also known as positive discrimination policies, have been implemented in Ecuador with the aim of mitigating the multiple factors that cause conditions of discrimination and inequality. Most of all, those that are based on social constructions of gender. According to Rawls (2001, p. 29) “Undeserved inequalities require compensation; and since the inequalities of birth and natural gifts are undeserved, they will have to be compensated in some way”. Thus, the creation of the famous affirmative actions is justified, having as a fundamental pillar the right to gender equality that is guaranteed by the Constitution of the Republic of Ecuador. However, in recent times, several questions have emerged. For example: Why, despite legislative progress in the field of human rights, are there still such marked phenomena of inequality ?; What is stopping a change in the culture and in the symbolic references of the masculine and feminine ?; Are the affirmative actions implemented in Ecuador really working to generate gender equality or do they only reinforce sexist stereotypes ?; How do the design of public policies with a gender perspective based on social constructions of stereotypes affect the social imaginary? The problem that this research work aims to focus on is precisely the impact of the results generated by the application of affirmative actions in our environment. In such a way that it is demonstrated how those, contrary to precautionary the constitutional right of gender equality, are violating it, strengthening the social stereotypes between men and women. As explained in the previous paragraphs, affirmative actions are being created, not only in Ecuador but in various parts of the world. Thus, they are taken as a means of reducing violence and inequality between men and women. However; The present investigation will criticize that this type of affirmative action implies in itself a reinforcement of stereotypes and protection messages for a certain group that needs special measures by the State. Consequently, said situation generates contradiction and debate regarding gender equality as a constitutional right.
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    Curadurías especiales en trámite de segundas nupcias y el principio de celeridad procesal
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-06) Chávez Toscano, Ivonne Alejandra; Altamirano Zavala, Andrea Marlene
    This research has as main objective the regulation of CURATORIAL SPECIAL IN THE PROCESSING AND SUBSEQUENT MARRIAGE OF SECOND AND THE PRINCIPLE OF CELERITY in the Ecuadorian legal system, allowing this constitutional principle is applied. After the investigative work, it is concluded that due to procedural burdens found in the Judicial Units country, it has become clear as the constitutional principle of procedural speed has been in decline since due to the large caseload, the administration of justice you cannot perform their duties and functions fully. The incorporation of new functions and powers to notaries in the country, within our legislation will help a greater efficiency and speed of judicial proceedings is promoted, thereby enabling users of the administration of justice, to obtain an immediate response to their needs without having to wait as it does in the ordinary courts. Users of the administration of justice are forced to delay certain aspects and needs of their lives, since due to the lack of access to adequate, quick and timely care, the central motif of your needs are hurt, causing this way to direct the constitutional principle reason for this study rape, for which this research aims are a solution to the problem. From the legal aspect, this type of powers given to the serious Notaries a quick and effective way to ensure timely access to quality justice, saved not only time users, but also to the administration of justice, because to be an entity that provides a direct and immediate cooperation to a certain group of people access to justice, but a conglomerate generally encouraging not.