The right of the alleged father in paternity proceedings in Ecuador (Review)

Abstract

The general objective of this article is to argue how the procedural treatment of paternity cases within the Ecuadorian legal system affects the rights of the alleged father, particularly, regarding his effective participation, procedural guarantees, and access to justice. To achieve this, a qualitative approach is applied, employing methods like Analytical-synthetic, Exegetical, Comparative-legal, and Inductive. These methods allow for a rigorous examination of the Ecuadorian legal framework, relevant jurisprudence, and international human rights instruments. Through Bibliographic Review and Case Review techniques, the existing tensions between protecting the best interests of the child and respecting due process are identified, including the alleged father's right to a defense and the principle of equality. The study concludes that, although Ecuadorian law incorporates principles of procedural protection, in practice, gaps persist that limit the effective participation of the alleged father, particularly in the initial stages of the process. Therefore, it is necessary to consider which aspects of procedural guarantees need strengthening and ensure their effective application.