Jurisprudencia y Ciencias Sociales

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

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2021 - 20264

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Fecha de inicio: 2020Tema: search.filters.subject.FILIACIÓN

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Mostrando 1 - 4 de 4
  • 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,
    Técnicas de reproducción humana asistida y la determinaciónjurídica de la filiación en el ordenamiento legal ecuatoriano
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
    Ortiz Basantes, Evelyn Sofia
    ;
    Salame Ortiz, Mónica Alexandra
    This research work, entitled “Assisted Human Reproduction Techniques and the Legal Determination ofFiliation in the Ecuadorian Legal System,” analyzes the lack of a specific regulation governing Assisted Human Reproduction Techniques (AHRT) in Ecuador and their implications for the legal determination of filiation. The study adopted a methodological framework with a qualitative approach, applying the analytical method and the documentary analysis technique, using doctrinal, legal, and comparative sources. The results show the existence of a legal vacuum that generates legal uncertainty, vi assisted human reproduction techniques fundamental rights such as identity and the best interests of the child and limits the recognition of procreational will as a valid element for establishing filial bonds. It was identified that the Ecuadorian legal system maintains a traditional model based on biological and marital filiation, neglecting new family forms arising from scientific and social advances. In contrast, foreign legislations such as those of Spain, Argentina, and Mexico have recognized procreational will as a legal source of filiation, granting legal protection to all parties involved. Consequently, it is concluded that Ecuador urgently requires the enactment of an Organic Law on Assisted Reproduction that guarantees legal security, equality, reproductive autonomy, and the integral protection of the unborn child. Finally, a normative reform is proposed to harmonize law with science, human rights, and contemporary social transformations, thereby strengthening justice and equity in matters of filiation
  • Miniatura
    Item type:Ítem,
    La adopción de niños, niñas y adolescentes con discapacidad y el derecho a la inclusión social e igualdad
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-08)
    Villagómez Guevara, Diana Carolina
    ;
    Espín Meléndez, María Cristina
    Adoption is a legal institution aimed at the substantial protection of the minor through the restitution of the fundamental right to belong to a family, when due to many reasons children and adolescents have been deprived of being part of the family life. In Ecuador, the Constitution stipulates the joint obligation of the State, society and family in terms of promoting the ideal development of the minor, which refers to how children and adolescents should belong to an adequate environment; in the same way, persons with disabilities are positioned as a group of preferential attention regarding their social inclusion. Within the legal system, regulations such as “Código Organico de la Niñez y Adolescencia” do not contemplate parameters related in a specialized way to the adoption of children and adolescents with disabilities, in the face of an unfavorable reality for this group. Therefore, this research analyzes the adoption of children and adolescents in Ecuador, with a focus on the rights of people with disabilities in accordance with the Priority Attention, through a descriptive and exploratory research, with a qualitative and quantitative approach, which is developed under the research line of Public Policy, Law and Society. Consequently, it is obtained as a result, that in the Ecuadorian system is notorious the inexistence of state actions directed at promoting the adoption of minors with disabilities, thereby affecting the inclusion of this group in a situation of double vulnerability, therefore, the generation of public policies according to Material Equality is proposed.
  • Miniatura
    Item type:Ítem,
    La filiación post mortem y las técnicas de reproducción asistida
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2021-01)
    Carrasco Céspedes, Luis Marcelo
    ;
    Jordán Buenaño, Jeanette Elizabeth
    At present, assisted reproductive techniques are a very common process that couples access; So the law has the obligation to adjust to scientific and technological advances; However, in the Ecuadorian legislation specifically on the case of this investigation, nothing refers to the recognition of a child born through assisted reproduction techniques after the death of its parent. Therefore, due to the importance of the rights involved in filiation through assisted reproduction techniques, post mortem, it is important that this social and legal problem be regulated in Ecuador; just as they have carried out in various countries of the world. For this research, it is necessary to specify the various scenarios in which parental consent can be carried out in order to grant post-mortem parentage; It is important to analyze the legal effects, such as the right to identity of the minor born through an assisted reproductive technique; It is also important to take into consideration international regulations, as well as international jurisprudence.