La discapacidad mental para considerar el aborto eugenésico, como consecuencia de una violación, según el art. 150 numeral 2 del código orgánico integral penal

Criminal comprehensive legislation is considered the abortion committed by the physician to safeguard the lives of people, and a family permission, for reasons of rape on a woman suffering from mental disabilities. Art. 66 paragraph 1 of the Constitution of the Republic of Ecuador guarantees the inviolability of life, being a right which must be respected in all the circumstances of the existence of a person, and in Art. 45 of the constitutional provision It guarantees that the State recognizes and guarantees life, including the care and protection from conception. Which aims to safeguard the lives of people from the moment they are conceived in the womb, a fact that leads to punish those who violate these rights, rules should be regulated for punishment under criminal law. Art. 150 of the Code of Criminal Integral, consider legal abortion performed by a doctor or other trained health professional who has the consent of the woman or her spouse, partner, close relatives or his legal representative, when she will not be in a position to provide it, it will not be punished without has been practiced to prevent danger to the life or health of the pregnant woman and if the danger can not be avoided by other means; or, if the pregnancy results from a rape a woman suffering from mental disability In the second case refers justification for rape or mental disability. When there is the crime of rape, should be the main complaint, the medical expertise and psychological or psychiatric report, then all the procedural complement historical truth that a crime has occurred against sexual freedom of the abortion victim. And the prosecutor confirmed that harmful to dismiss or refrain from accusing event. As for the mentally disabled, it brings much discussion, since the term mental disability is very broad and could be described in many women mistakenly, that this justification of mental disability, commit these crimes. It is necessary that abortion for rape of a woman suffering from mental disability, the categories indicated to determine criminal responsibility, because every woman with disabilities have the card that National Council on Disabilities, fo that this breadth could create some impunity in this crime. And the prosecutor, make mistakes, without an expertise that will determine the understanding of behavior of the victim against abortion. Among one of the purposes of the Law on Disabilities is stated in Art. 3 paragraph 1, indicating that the national system is established decentralized and / or decentralized comprehensive protection of disabilities. In Art. 9 of the same law states that the national health authority through the National Health System held qualifying disabilities and ongoing training of qualified specialized in the various types of disability equipment. Which can recognize the different types of disabilities, which should be considered in the Code of Criminal Integral to the legal abortion if the pregnancy results from a rape a woman suffering from mental disability, such justification is not generalized to that abortion is not punishable in all cases, which would lead many women to commit such crimes.

• Autor principal: García Alba, Beccy Ruli (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2016
• Assuntos: TITULO ABOGADA; DISCAPACIDAD MENTAL; COSIDERAR ABORTO; COSECUENCIA VIOLACION
• Acesso em linha: http://dspace.unl.edu.ec/jspui/handle/123456789/13648