La despenalización del aborto como garantía de los derechos de la mujer en Ecuador

Abstract

The investigation arose from a problem identified in Ecuador, but which is not exclusive to it, the criminalization of abortion. The decriminalization of abortion was addressed as a health problem for women who voluntarily decide to terminate the pregnancy. The object of study was founded from a legal and sociological perspective. In the investigation, the pronouncement of the IACHR and the World Health Organization in favor of the decriminalization of abortion was taken into account, who argue that it should not be treated as a criminal issue but as a public health problem. As a significant result of the diagnosis, it was found that the criminalization of abortion, far from offering a solution, has become a social problem, by penalizing this act, which is usually a fact that is usually in hiding, it threatens the health of the woman , thus violating their rights established in the Constitution of the Republic of Ecuador; Based on these results, it is proposed to modify articles 147, 149 and 150 of the COIP. The methodology used is qualitative. A variety of sources were used in the research: sociological, legal, political, and since it is a legal study, scientific doctrine, historical and comparative law were used; It is of type: descriptive, hermeneutic and comparative and methods in the order of the theoretical, empirical and mathematical-statistical were used, which allowed obtaining and processing data from reality.