Personal enforcement in unpaid child support as a guarantee of the right to maintenance in accordance with the best interests of the child

Abstract

Personal coercion, as a legal enforcement mechanism aimed at ensuring compliance with child support obligations, presents a complex tension between the protection of the fundamental right of minors to receive adequate sustenance and the safeguarding of the debtor’s personal liberty. In the Ecuadorian context, this legal figure acquires particular significance due to its close linkage with the principle of the best interests of the child, which obliges the State, society, and the family to prioritize the comprehensive well-being of children and adolescents. Using a doctrinal and jurisprudential legal approach, this study examines the normative foundation of personal coercion as established in the Organic General Code of Procedures and the Code for Children and Adolescents, as well as its constitutional interpretation in Ruling No. 012-17-SIN-CC by the Constitutional Court of Ecuador. The Court upheld the constitutionality of this measure, provided it is applied in accordance with the principles of proportionality, reasonableness, due process, and individualized case assessment. The analysis argues that although personal coercion should not be regarded as a punitive sanction, its use as a pressure mechanism must be carefully balanced to avoid infringing upon other fundamental rights. The tension between ensuring the right to child support and protecting constitutional guarantees demands a restrictive, rights-based, and context-sensitive application of this measure, always aligned with the principles of a constitutional State governed by the rule of law and justice.