Análisis crítico jurídico sobre la teoría del inicio de la vida humana predominante en la legislación ecuatoriana

The beginning of human life and its legal protection is a central issue in the Ecuadorian legal framework, especially with regard to individual liberties. The present research focuses on a critical analysis of the predominant theory on the beginning of human life in Ecuadorian law and its effects on liberty rights. Various theories that address the moment at which human life is considered to begin will be explored from biological and legal perspectives. In Ecuador, the theory of conception prevails, which holds that life begins at the moment of the union of the ovum and spermatozoon, is the one that predominates in the legal system, as evidenced in the Constitution of the Republic of Ecuador and in the Code of Childhood and Adolescence. However, this perspective generates tensions with freedom rights, particularly with regard to reproductive health and abortion, since it imposes restrictions on women's autonomous decisions. Through a comparative study, this article examines how other legislations such as Spain and Argentina interpret the beginning of human life, with the objective of identifying differences and possible improvements that could be adopted in the Ecuadorian context. This approach allows us to analyze how other societies balance the protection of life and liberty rights. It also explores how such differences impact access to sexual rights, offering a reflection on the need for legal adjustments in Ecuador.

• Main Author: Paredes Cisneros, Emily Nicole (author)
• Format: bachelorThesis
• Language: spa
• Published: 2025
• Subjects: VIDA; LIBERTAD; DERECHO; ABORTO; TEORÍA
• Online Access: https://dspace.uniandes.edu.ec/handle/123456789/18967