La despenalización del aborto en caso de violación y su potencial eficacia para reducir la tasa de mortalidad en el Ecuador

Abstract

The present work is focused on the analysis of the potential influence that the decriminalization of abortion in case of rape may have on the reduction of maternal mortality, by virtue of the current legislation that regulates it and the public policies of the public institutions involved in this process. The general objective is to analyze critically and legally the decriminalization of abortion in case of rape in the Ecuadorian Criminal Law, to determine its impact on the reduction of the maternal mortality rate and the protection of the right to sexual health and health. Chapter I conceptualizes abortion and rape, as well as the constitutional rights of girls, adolescents, and women. Subsequently, Chapter II analyzes the sentence No. 34-19-IN/21 and accumulated, and the Organic Law that Regulates the Voluntary Interruption of Pregnancy for Girls, Adolescents and Women in the Case of Rape. Finally, Chapter III analyzes public policies for the comprehensive care of voluntary interruption of pregnancy in cases of rape and to reduce maternal mortality. In general terms, it is concluded that the WHO recommendations should be considered, and that due control and monitoring of public policies and current regulations should be carried out to ensure effective access to comprehensive care for the voluntary termination of pregnancy in the case of rape to reduce the maternal mortality rate.