Derecho

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

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Subject: search.filters.subject.DERECHO A LA VIDA

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Now showing 1 - 6 of 6
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    El habeas corpus correctivo colectivo y la violencia en los centros carcelarios del Ecuador
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Valenzuela Miranda, Andrés Ignacio; Guerrero Zuñiga, Edison Ramiro
    In 2021, the Ecuadorian prison system has witnessed a growing wave of violence, which has directly affected the rights to life and personal integrity of the prisoners. It has to be taken into account that, in the doctrinal and jurisprudential field of Law, there is a constitutional action, which is the corrective habeas corpus, which protects the rights to life and physical integrity of all those persons who are serving a sentence in a detention center. However, filing this action individually, like all constitutional guarantees, takes time, so it would not be a summary response to events such as violent riots. A collective corrective habeas corpus, cannot be found in any norm of the Ecuadorian legal system, and has even been attempted already in the month of February 2021. For this reason, the objective of this research is to carry out a study of the feasibility of the application of this action to stop the wave of violence in the Ecuadorian prison system, moreover determining whether its introduction in the Ecuadorian legal system is pertinent or not. The methodological approach applied consists of a descriptive study, which is immersed in the research line of social behavior patterns; allowing to obtain as main result the feasibility of the application of collective corrective habeas corpus, through the conclusion that this action would allow safeguarding the right to life and physical integrity of the PPL
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    La protección del derecho a la educación superior de las mujeres y el derecho a la procreación
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-09) Caiza Guamán, Jessica Nataly; Masabanda Analuiza, Galo Iván
    This research project seeks to demonstrate that the Ecuadorian State is a guarantor of rights, including the right to higher education. The research is based mainly on the study of how the state of gestation and delivery of women influences as a limiting factor for admission or, failing that, their continuity in Higher Education. Given this reality, we have a possible solution to the problem that would find its footing in the implementation of efficient mechanisms that help guarantee the rights of pregnant women, as well as student mothers, so that without neglecting their children they can continue their professional training in the educational, social and economic fields. The Constitution of the Republic of Ecuador protects the right to education that is found in article 343 and the right to procreation that is enshrined in article 66 numeral 10, as well as in the Organic Law of Higher Education in its article 4 indicates that we all have the right to higher education, in addition to this we have article 5 literal b which states that the right to quality education must be made effective with the aim of satisfactory academic performance. The line of investigation that will be applied for this investigative work is Exclusion and social integration, considering that based on this, it will be possible to guarantee and comply with any right that is being violated. For this reason, it is important that the Constitution and the authorities guarantee the university community the fulfillment of rights, in order to avoid failures in academic preparation, which will serve as support in the future.
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    El suicidio y el derecho a la vida
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-07) Toasa Galarza, Mariana Elizabeth; Tite, Ramiro
    The importance of this research work lies in the academic and legal contribution, depending on the criminalization of the type of suicide induction in order to protect the legal good of life. The investigation is carried out through a legal and comparative law study, because of knowing and understanding the figure of suicide induction, since in Ecuadorian criminal legislation there is no criminal type. The methodology applied in the research deals with the use of a bibliographic and documentary modality by contributing to the construction of the state of the art, in terms of suicide and the right to life, the approach that was applied was the quantitative one through the application of a survey as a technique, to collect information that was subject to analysis and interpretation of the criteria of both judges and prosecutors. The human being as an individual and subject of rights, being a cornerstone of social law, corresponds to the project being in the line of research regarding Integral Social Human Development. The proposal presented is based on the figure of induction of suicide as another way of acting of the human being, by attempting against one of the legal assets protected by both national and international regulations, such as the right to life, without this right fundamental, the other rights could not be accessed, so the determination of the criminal type of suicide induction is established within the crimes against the inviolability of life.
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    La violación con muerte a niños o niñas y la regulación de penas en el COIP
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Vargas Tisalema, Méntor Fernando; Espín Meléndez, María Cristina
    The present graduation work entitled "THE VIOLATION WITH DEATH OF CHILDREN AND THE REGULATION OF PENALTIES IN THE CORE COMPREHENSIVE CRIMINAL CODE" proposes to implement the integral reparation of the victim by the State. In Ecuador the crime of rape with death causes great social commotion among its inhabitants, the National Police through DINASED states that in 2014 were 5 and 2015 6 cases giving an increase, it is clear that the figures are not so extensive , But since the victim is a child, and because it is considered a priority attention group, the population in general is concerned about the violation of fundamental rights established in the Constitution, such as the right to life, the right to physical, moral, And sexual. The Comprehensive Criminal Organic Code called COIP, which entered into force in 2014 typifies and punishes criminal offenses, the crime of rape with the death of children is punishable by a custodial sentence of twenty-two to twenty-six years, is taken in Account the circumstances of the offense, as well as the integral reparation of the victim, thus treating the convicted person to pay the material, personal or social damage caused. With the information collected and after the analysis and interpretation of the results, it is considered that the integral reparation of the victim must be assumed by the Ecuadorian State provided that the condemned person does not have the necessary resources since implementing this measure in the Organic Code Integral Penal COIP, the full reparation of the victim, his / her relatives and society in general may be effectively effectuated. From what can be said that this work of investigation is of importance and transcendence, since it tries to reform article 171 in relation to the violation with the death of children thus trying not to violate constitutional and international rights of the children.
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    El derecho a la vida digna y la muerte asistida
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06) Bonilla Saquisili, Daniela Monserrate; Navalpotro Sánchez-Peinado, Jesus María
    The purpose of this research is born from the debate that has generated worldwide assisted death, which consists of ending the pain and suffering of a patient who has been diagnosed with a degenerative and irreversible disease, however, we must keep in mind that This practice is not well seen from the moral and religious point of view, arguing that only God is the one who has the life of a human being. On the other hand, the objective is to determine how the right to a decent life is related to assisted death, that is to say, based on theoretical, scientific and legal arguments, to conclude whether this practice guarantees that the right to life is respected. Has an individual living in optimal conditions without pain or other type of problem. The methodology used is the collection of bibliographic data, as well as interviews with health professionals, to determine the feasibility of applying this procedure in the country and thus reduce the suffering of terminal patients. As conclusions, it was possible to determine that assisted death is not legalized in most countries, however, nations like Holland, Belgium, among others, have seen this alternative as an opportunity to reduce the physical, psychological and emotional damages that a disease Entails a patient and his family. Finally, based on the interviews conducted, it was observed that the doctors are aware of what is involved and how an assisted death is executed, however, they can not carry it out because the laws of the country do not allow it.
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    El aborto en mujeres con discapacidad mental víctimas de violación y el derecho a la vida
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-05) Flores Tamayo, Nelson Mauricio; Pazmiño Vargas, Klever Alonso
    This research, entitled "ABORTION IN WOMEN WITH MENTAL DISABILITY, VICTIMS OF VIOLATION AND THE RIGHT TO LIFE," proposes that the degree of mental disability of a woman victim of rape should be considered to contemplate abortion as a non-punishable act. Currently under Ecuadorian legislation, abortion is sanctioned; however, there are certain exceptions such as when a woman with a mental disability is violated, abortion is permitted; Thus violating the right to inviolability of life, contemplated in the Constitution of the Republic of Ecuador. In addition, allowing women with non-severe mental disabilities, who have been victims of rape, to perform an abortion, constitutes a total and absolute violation of the right to life that the human being has. This permissive and generalized action within the Ecuadorian criminal law against abortion of women with mental disabilities contravenes the provisions of the Constitution of the Republic with respect to life itself. To ensure an adequate and effective administration of justice in terms of establishing the criminal responsibility of women with mental disabilities who have been victims of rape and who end up with the life of the being in their womb, it is necessary to establish the degree of mental disability they suffer. This type of abortion should be a punishable act that inevitably entails a sanction for these women and consequently a decrease of the mortality rate for this cause.