Análisis jurídico y doctrinario respecto de la licencia de maternidad y paternidad en la legislación ecuatoriana

This curricular integration work, "Legal and Doctrinal Analysis of Maternity and Paternity Leave in Ecuadorian Legislation," examines a critical issue for both the legal system and society at large. The research emphasizes the importance of the paternal figure in family dynamics, advocating for a culture of paternal co-responsibility. It highlights how current regulations concerning paternity leave in Ecuador restrict fathers' rights, simultaneously violating the principles of equality, the best interest of the child, and the right to care—rights recognized in Ecuadorian legislation since 2023 in compliance with Constitutional Court ruling 3-19-JP and its accumulative judgment from 2020. The existing legislation grants mothers significantly longer leave periods than fathers, reinforcing traditional gender roles. This disparity limits women's job opportunities due to their reproductive roles, while also reducing the father’s role to that of an economic provider, neglecting their essential role in family relationships. This imbalance negatively impacts the holistic development of children, who require special attention and protection from the State. Furthermore, the right to care—which includes the right to care for others, be cared for, and self-care—has gained prominence in recent years. The legislation analyzed in this research undermines the rights of fathers to provide care, and the rights of mothers and newborns to receive care.

• Autor principal: TACURI RIVERA, JENNIFER IRENE (author)
• Format: bachelorThesis
• Idioma: spa
• Publicat: 2024
• Matèries: DERECHO; MATERINIDAD; PATERNIDAD; ECUADOR
• Accés en línia: https://dspace.unl.edu.ec/jspui/handle/123456789/31189