Prevalencia de los derechos de los niños, niñas y adolescentes sobre la prohibición de los mecanismos sustitutivos de la pena en el delito de inasistencia alimentaria

Abstract

The national Constitution has established the prevalence of the children's rights, the girls and the teenagers on the rights of the others and, in development of this mandate the legislator has promulgated a law that takes as only end to guarantee to the children, the girls and the teenagers a full and harmonious growth in his family and in the community, between these rights we find the right to the food, right that guarantees the correct development of these, for the fulfillment of this duty of the parents and right of the children, the legislator has established specific mechanisms to guarantee the materialization of the above mentioned rights and of equal form has established sanction those who breaching to his paternal or mother duty deny the materialization of the food to his children. It is like that, the food nonattendance was contemplated as crime in the penal codification, sanctioning it with up to three years of prison, going beyond, the Infancy and the Adolescence code, prohibited any type of benefit, between that it is possible to contemplate the domiciliary prison, To those persons who will violate rights, where the victim was a child, girl or teenagers, but the legislator, in his eagerness for punishing the victimizers did not foresee that such restrictions , rather than generate a protection for children and adolescents, generated a limitation to their victimizer ensure the realization of food rights