El derecho de los estudiantes universitarios mayores de edad a percibir una pensión alimenticia en el Ecuador. Derecho comparado con Colombia y Perú

Abstract

The objective of this work was to determine the reasons that justify extending the right to alimony of university students over 21 years of age in Ecuadorian legislation, through a study compared with the Colombian and Peruvian experience, in order to establish a legal regime in accordance with the national reality. The fact is that both the lack of legal regulation and the lack of financial support create a precarious economic situation that makes it impossible for the adult student to continue with their studies, which would imply an increased risk of dropping out and losing the opportunities they have. offers university training. The approach of this research was qualitative, the level of depth was descriptive and the method used was comparative law. This study is important because it highlighted the need for a legal review that considers the socioeconomic reality of university students, taking into account access to education as a fundamental right, seeking social justice and aligning with initiatives to strengthen the protection of rights and combat inequalities. Finally, the reasons that justify the extension of alimony were presented, among which the prevalence of compliance with the principle of progressivity, the guarantee of the right to education, the lack of financial solvency of a university student, the lack of relationship of the norm with social reality focused on the estimated study time in a university degree and the age limit to be a beneficiary of alimony, the economic advantage that having a high index of professionals represents for the State, because it generates equal opportunities in society.