The violation of the right to free development of personality by divorce on grounds in Ecuador

Abstract

The legal institution of divorce has, over time, been a transcendental and widely debated issue across different legal systems around the world, as it directly affects individuals within a society. Its conception and treatment have been in constant evolution through the recognition of various rights associated with it. In Ecuador, there are two modalities for carrying out divorce: by mutual agreement or by cause. The latter requires justification of circumstances established by law, which gives it a contentious nature since it involves civil proceedings in order to succeed.
The objective of this research is to identify the relationship between the potential violation of the right to the free development of personality, as established in Article 66.5 of the Constitution of the Republic of Ecuador, and divorce by cause. For this purpose, a qualitative, historical, descriptive, comparative, and inductive methodology will be employed, allowing for the evaluation of how requiring a specific cause for dissolution—such as infidelity, abuse, abandonment, among others—could violate rights enshrined in the Constitution of Ecuador, particularly the right to the free development of personality. This is because, in many cases, it is not possible to prove the alleged cause, and the couple is forced to remain bound by the marital tie. Therefore, it is imperative to analyze the impact of individual will with respect to the dissolution of marriage under this context.