El aborto no punible por mal formaciones del feto incompatibles con la vida que cause un peligro en la salud de la mujer embarazada, en la legislación ecuatoriana

Abstract

Ecuadorian legislation that regulates abortion in the Organic Comprehensive Criminal Code, section of Crimes against the inviolability of life, in this regard, it is possible to understand that according to the sanctioning effect there are two types of abortion: the punishable and the non-punishable.

Punishable abortion is regulated in a single article whose first paragraph clearly states that: abortion will be allowed in cases where the life or health of the pregnant woman is in danger and there is no other way to avoid it; for the study and development of this research work, the term health should be considered broadly, according to the concept of the World Health Organization; Therefore, by means of this definition, it is sought that those who administer justice, as well as health professionals, keep in mind that the content of the norm should be understood not only in a physical aspect. The investigation shows the need to reform the Ecuadorian penal regulations taking into account the circumstances in which there are malformations in the fetus incompatible with extrauterine life; where, pregnant women do not have the legal support to opt for a non-punishable abortion and, thus, avoid suffering from psychological conditions caused by this situation.