La despenalización del aborto por violación sexual en la legislación ecuatoriana

Abstract

This research work arises from the promulgation of Judgment No. 34-19-IN/21 and Accumulated, by the Constitutional Court, where the unconstitutionality of the phrase "in a woman who suffers from mental disability" is declared unconstitutional. ”, reforming the second numeral of article 150 of the Comprehensive Organic Criminal Code, this fact affects a series of changes in Ecuadorian legislation, mainly in the constitutional and criminal areas, at the constitutional level, there is a controversy that revolves around establish whether the sexual and reproductive rights of women should prevail over the rights of the unborn, while in criminal matters the possible tensions that could occur inside and outside the criminal process are examined, this causing debates of a legal and extra-legal nature, as well as well as a comparison of how this situation is in other legislations, opening the way for the academy to provide an answer to this legal problem, which in the long run would imply a challenge for legal professionals.