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Browsing by Author "López Garcés, Vanessa Elizabeth"

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    Los derechos reproductivos y la protección del derecho a la Maternidad de la trabajadora dependiente
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) López Garcés, Vanessa Elizabeth; Masabanda Analuiza, Galo Iván
    The right to work is a fundamental right that is protected and guaranteed in the Ecuadorian constitutional order, both for men and women who carry out a dependent work activity on a daily basis. In this sense, in the fulfillment of labor obligations, those who have been the most vulnerable of all acquired rights are working women, even more so when they are or are linked to the reproductive role, such as in a state of pregnancy, motherhood and lactation; the lack of protection that they often face in the state of motherhood is worrying, since this is considered a crucial stage for their well-being and that of their children. Therefore, the objective of the research is to carry out a study that allows to determine if reproductive rights and the protection of the right to motherhood of the dependent worker in the public and private sector are guaranteed in Ecuadorian labor legislation. For this, an exploratory study supported by a mixed methodology is applied starting from a qualitative study to end with a quantitative study, achieving a comprehensive view of the situation; Therefore, it is immersed in the line of research on “social exclusion and integration.” The main result is that, despite the existence of regulations that support the protection and maternity leave of dependent workers in Ecuadorian labor legislation, there is a significant legal loophole for those workers subject to the Labor Code in relation to those in the public sector, since they are not protected in the event of the death of their newborn children within the period of maternity leave granted. Concluding that there is an urgent need to reform labor legislation and thus guarantee comprehensive protection for workers subject to the Labor Code in the event of the loss of their newborn child.

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