Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2023 - 20262

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Tipo de acceso: Acceso abiertoTema: search.filters.subject.CONSENTIMIENTO

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  • Miniatura
    Item type:Ítem,
    Implicaciones jurídicas de la fecundación post mortem en Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-07-08)
    Masabanda Choco, Samy Dayana
    ;
    Poaquiza Poaquiza, Ángel Patricio
    This research studies the legal implications of post-mortem fertilization in the Ecuadorian legal system, considering the scientific progress of Assisted Human Reproduction Techniques and the absence of a regulation that regulates them in the country. Through a constitutional, doctrinal, and comparative analysis, legal gaps were identified with regard to elements such as filiation, informed consent, identity, and rights of the child conceived post-mortem. A quantitative approach was used to conduct a systematic review of current and international regulations, comparing them with Ecuadorian legislation. Interviews were also conducted with professionals specializing in civil, family, and health law to facilitate a more relevant and accurate investigation. The research revealed that, although the Constitution recognizes reproductive rights and the best interests of the child, Ecuadorian law lacks clear provisions on these techniques, creating legal uncertainty. Through these reviews, as well as interviews with judges and specialists, the need for specialized legislation to guarantee comprehensive protection of the fundamental rights involved was determined. Finally, the study concludes that Ecuador requires an update to its legal framework to harmonize scientific developments with the constitutional protection of the family, children's rights, identity, and the reproductive autonomy and freedom of its citizens.
  • Miniatura
    Item type:Ítem,
    El Derecho a la Libertad Sexual y su Incidencia en el Desarrollo Integral de los Niños, Niñas Y Adolescentes: Análisis de la Sentencia No 13-18 Cn/21
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09)
    Vaca Aldás, Juan Andrés
    ;
    Espín Meléndez, María Cristina
    The decision of Constitutional Ruling No. 13-18 CN/21, which allows minors under 14 years of age to consent to sexual relations, has generated debate and concern as to whether they have the necessary knowledge about their sexual freedom and whether this could jeopardize their rights and integral development. This study focuses on children and adolescents, who are considered a priority group according to the Constitution of Ecuador. The judgment establishes an exception for those over 14 years of age who can consent a sexual act, which raises possible violations of their rights and development. The impact of this research falls on Ecuadorian society, which is governed by a constitution that guarantees rights, especially for minors between 14 and 17 years of age. The research topic raises the dichotomy between integral development and sexual freedom, considering the lack of appropriate maturity in such a young person to consent sexual relations. Constitutional Ruling No. 13-18 CN/21 allows those over 14 years of age to consent sexual relations, which could avoid possible penalties for adolescent offenders, but on the other hand opens the possibility that there may be more impunity in sexual crimes involving minors since they can vitiate their consent through power relations, blackmail or by buying their testimony.