The obligation of older adults with disabilities to provide food to children and adolescents

Abstract

This article analyzed the legal and social conflict that arises when an older adult with a disability, in a situation of double vulnerability, is forced to comply with child support duties toward children or adolescents, who are also subjects of enhanced protection under the principle of the best interests of the child. The objective of this work was to evaluate whether there is an effective balance that establishes clear hierarchies between these conflicting fundamental rights, without making any condition of vulnerability invisible. To this end, it is proposed to apply criteria of reasonableness, proportionality, and necessity, in order to achieve substantive justice with a human rights approach. The research adopted a qualitative methodology, focused on the analysis of Ecuadorian domestic regulations and the application of effective protection through the country's legal system. It examined the mechanisms of legal interpretation and the active role of the State as guarantor of rights, emphasizing the need for reasoned judicial decisions and inclusive public policies. The results showed that, although protective standards exist, their application is rigid and fails to consider the complexity of the conditions of vulnerability, highlighting the urgent need for a balanced and humanistic legal interpretation that prioritizes the dignity and rights of all involved