Bibliographic citations
Pilares, J., (2022). Implicancias jurídicas del incumplimiento de pensión alimenticia por el deudor alimentario en tiempo de la pandemia [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5530
Pilares, J., Implicancias jurídicas del incumplimiento de pensión alimenticia por el deudor alimentario en tiempo de la pandemia []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5530
@misc{renati/20893,
title = "Implicancias jurídicas del incumplimiento de pensión alimenticia por el deudor alimentario en tiempo de la pandemia",
author = "Pilares Cruzado, Janet Olimpia",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
As indicated in article 92, what is necessary for the sustenance, housing, clothing, education, instruction and training for work, medical assistance, and recreation of the child and adolescent is considered as food, being characteristic of this right - food duty being inherent to the person and being variable, imprescriptible and reciprocal. Code 93 in the Children and Adolescents Code establishes that it is the obligation of parents to present food to their children. In conclusion, despite having lived through a sui generis era that is the PANDEMIC, the right to food is a fundamental right of priority attention, it is closely linked to the subsistence and development of the person, that is why it enjoys protection. It should be borne in mind that in the adoption of measures concerning children and adolescents, it is mandatory for all authorities to observe the Best Interest of the Child and Adolescent, as prescribed in Article IX of the Preliminary Title of the Code of children and adolescents, which has constitutional status and is also recognized by Article IX of the American Convention on the Rights of the Child, adopted and open for signature and ratification by the United Nations General Assembly in its resolution 44/25 of 20 November 1989; consequently it also has the category of Human Right; in such a way that if there is a conflict between the Principle of Due Process and the Principle of the Best Interest of the Child, the latter should prevail. The problem is based on the legal implications of non-compliance with alimony by the food debtor in times of pandemic, having as a negative consequence the affectation of the fundamental rights of minors, mainly health and education. While my research is oriented to the qualitative approach, with the knowledge and understanding of the subject raised and not to verify hypotheses through probabilistic statistical measurements. The techniques were, documentary analysis, observation and interview and for its validation, data collection, dogmatic analysis, legislative jurisprudence to reach the results.
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