La Despenalización del aborto por violación y su incidencia en los derechos de la víctima.
This research work seeks to make an analysis whose purpose is to substantiate the legal, doctrinal and jurisprudential basis for the decriminalization of abortion in case of rape and its impact on the victim's rights, taking into consideration the various legal currents. Different research meth...
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| Format: | bachelorThesis |
| Sprog: | spa |
| Udgivet: |
2022
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| Fag: | |
| Online adgang: | http://dspace.unach.edu.ec/handle/51000/9283 |
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| Summary: | This research work seeks to make an analysis whose purpose is to substantiate the legal, doctrinal and jurisprudential basis for the decriminalization of abortion in case of rape and its impact on the victim's rights, taking into consideration the various legal currents. Different research methodologies are used, as well as the use of an analytical and investigative method, with it was possible to achieve a better understanding of the problems around the topic, the descriptive method is also used by which it was feasible to state and describe each of the legal consequences generated in rape victims in Ecuador in order to assess and conclude what was analyzed. So, the analyzed jurisprudence issued by the Inter-American Court of Human Rights determines that the life to be protected must be that of the pregnant mother, thus distorting the moral argument of groups that protect life from conception. Recognizing women's sexual and reproductive rights start from their autonomy guarantees that each of these will be fulfilled by the State and its agencies. Forcing motherhood violates the principle of conventionality stipulated in the Constitution of the Republic of Ecuador in its article 424. In addition, regarding the rights of rape victims, the need to require legislation that regulates and recognizes the interruption of pregnancy is identified for rape. |
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