Derecho

Permanent URI for this collectionhttp://repositorio.uta.edu.ec/handle/123456789/893

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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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    Los derechos de adultos mayores dentro de los grupos de atención prioritaria en el Ecuador y el uso de las acciones afirmativas
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Santo Guanoluisa, Kerlin Dayana; Altamirano Carrasco, Rina Sofia
    Despite the fact that older adults belong to the priority attention group due to their vulnerable condition in Ecuador, they often face several barriers to access their rights. The objective of this research focuses on analyzing the application of affirmative actions that guarantee the rights of older adults. The methodology followed a qualitative approach based on the collection of information through primary and secondary sources, the method used was analytical since it was an in-depth research and deductive since it starts from the general and the particular, the type of research was documentary, historical, descriptive. The information was obtained through the interview technique and the instrument applied was the interview guide directed to professionals involved in the rights of older adults and affirmative actions in the canton of Ambato. The results showed that the interviewees identified a series of violated rights, as well as the barriers that older adults face in exercising their rights, such as discrimination, prejudices and negative stereotypes about old age and lack of knowledge of their rights. It is concluded that the application of affirmative actions in favor of older adults seeks to compensate for disadvantages and inequalities in order to achieve equality of conditions and guarantee the full exercise of their rights. These rights are recognized by a solid legal framework that seeks to guarantee their exercise within the framework of priority and specialized attention, and are protected by international instruments that ensure the recognition, full enjoyment and exercise of these rights under equal conditions. There are affirmative actions in favor of the elderly that guarantee fundamental rights, but there is still a great shortage of affirmative actions for other rights
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    La interseccionalidad de género y el Derecho de participación: caso Salasaca
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Aguaguiña Aucapiña, Sabrina Michelle; Montero Solano, Juan Pablo
    Gender intersectionality recognizes that people experience multiple forms of oppression and discrimination that intertwine and intersect categories linked to gender, ethnicity, socioeconomic position, nationality, religion, sexual orientation, among others. In the case of Salasaca, an indigenous town in Ecuador, it is important to understand how gender intersectionality affects the right of participation of indigenous women in decision-making and in the political life of the community. The general objective of this research work focuses on “Analyzing the perspective of gender intersectionality and citizen participation in the case of a Salasaca woman in Ecuador”; Therefore, it has been necessary to apply four types of documentary research, exploratory, descriptive, and explanatory with the deductive and analytical method with a qualitative approach, which will allow us to achieve the expected results regarding the line of research that corresponds to “Public policies, law and society”. Thus, the expected result has been achieved that some indigenous women have managed to stand out and play important roles in politics, contributing positively to their communities and public debate; however, discrimination is a factor that hinders the active participation of women. indigenous women in politics and in their work performance, since they still face specific challenges, such as the lack of educational opportunities, the persistence of stereotypes and traditional gender roles, which leads to the conclusion that it is necessary to implement affirmative inclusive policies that guarantee the gender equality and citizen participation
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    Los derechos de los adultos mayores y el control de convencionalidad en el Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-02) Medina Pilataxi, Alexis Joel; Saca Balladares, Melinton Fernando
    The analysis of the topic arises because older adults have commonly been considered another burden for society, they have become the object of mistreatment and discrimination, for this reason, the objective was: to analyze the way in which conventionality control is applied to guarantee the rights of older adults. The methodology followed an eminently qualitative approach through the collection of data, with the review of judicial resolutions referring to the elderly and the control of conventionality, the method was deductive with an approach from the general to the particular, in addition the interview technique was used. Aimed at judges and legal professionals, another resource was bibliographic files and mnemonic files. Regarding the results, it was obtained that the interviewees identified a series of rights that they consider violated on a recurring basis, one of them is the lack of care and protection, lack of medical care, discrimination in employment, poor access to services and others benefits; They highlight that this type of control is the most relevant and effective in the country, in addition, concentrated control is the main approach to guarantee that internal standards are aligned with international regulations. It is concluded that the rights of older adults are supported by international treaties and conventions, which establish a solid legal framework that seeks to eliminate barriers and discrimination, promoting active participation in society, guaranteeing access to essential services through recognition of their rights
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    Análisis de la Normativa Civil y Familia: Un Estudio Estocástico con Enfoque de Género
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Pilaguano Albán, Kimberly Jeanneth; Paredes Chiluisa, Tanya Gioconda
    In this research work, an analysis of the civil and family regulations was carried out from a gender perspective, which is a topic of great importance nowadays, due to the struggle that has been generated worldwide and in Ecuador for the demand of fair rights, with the objective of achieving a more transparent and equitable gender equality, in order to promote rights and principles for the benefit of the community. It focused on understanding how civil and family regulations can perpetuate gender inequalities in society, examining all the titles that make up the Civil Code in its first book; for which the qualitative approach was used, through documentary and experimental research; This helped to identify inequalities and gender stereotypes still existing in the legislation, obtaining basic conclusions on the structure of the Ecuadorian civil regulations, with the motive, to provide a critical-propositive, determined and impartial vision on all legal provisions, highlighting the need to review and update the legislation, to ensure equal rights and opportunities for all people, regardless of their gender identity. This research offers a significant contribution to the academic field and provides a solid basis for the implementation of legal and policy changes that promote a more inclusive society; it also lays the foundation for future research with the purpose of continuing to advance towards full gender equality.