The right to defense of teachers versus the right to non-revictimization of children in administrative proceedings in Ecuador

Abstract

The right to contradiction is a fundamental guarantee of the right to defense; however, in administrative sanctioning procedures within the educational field, its exercise is questioned when it involves the opinion of children and adolescents in relation to the right to non-revictimization. In this context, the main objective of this research is to analyze the balance between teachers' right to defense and children's right to non-revictimization in administrative summary proceedings in the educational field. This is a qualitative documentary study based on the dogmatic-legal method, with a normative, doctrinal, and jurisprudential analysis. The findings lead to the conclusion that the right to contradiction, as a guarantee of the right to defense, is not absolute but may be proportionally and justifiably limited to ensure the adequate protection of the best interests of the child, without implying its violation.