Legal requirements for the right to food of young adults in academic training in Ecuador and their judicial application

Abstract

The right to receive maintenance for young adults pursuing their education raises the question of how to prove the requirements for continuing to receive support after reaching the age of majority. In Ecuador, unnumbered Article 4(2) of the Code on Children and Adolescents recognizes this right until the age of twenty-one for those who are studying, when their studies prevent or hinder them from engaging in productive work and they lack sufficient resources of their own. This study aims to analyze these legal requirements and their application by the courts. It adopts a qualitative approach, with a documentary design and a descriptive-analytical scope. The study applies doctrinal legal analysis and jurisprudential analysis to legislation and judicial decisions concerning the right to maintenance of young adults who are pursuing their studies.The findings show that eligibility depends on the concurrence of three elements: the age limit, an educational program that prevents or hinders the claimant from working, and the absence of sufficient personal resources. The judicial analysis highlights the importance of proving that studies are ongoing, how they affect the claimant’s ability to work, and the claimant’s financial circumstances. It also shows that, when deciding applications to terminate or modify maintenance payments, courts must respect the right to a defense and assess the facts established in the proceedings.The study concludes that enrollment alone does not establish entitlement to maintenance and that each legal requirement must be assessed on the evidence. Furthermore, judicial decisions must explain how the evidence satisfies or fails to satisfy the statutory requirements, while respecting the adversarial principle and the right to effective judicial protection in each specific case