Jurisprudencia y Ciencias Sociales

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

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2021 - 20263

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Fecha de inicio: 2021Tema: search.filters.subject.MATERNIDAD

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  • 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,
    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.
  • Miniatura
    Item type:Ítem,
    Funcionalidad familiar y maternidad en la adolescencia de la población femenina en la Facultad de Jurisprudencia y Ciencias Sociales de la Universidad Técnica de Ambato
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Trabajo Social, 2021-06)
    Miranda Almendariz, Xiomara Carolina
    ;
    Paredes Ruiz, Teresa de Jesús
    The purpose of this research is to determine the factors that influence an adolescent to become a mother from the perspective of family functionality in the students of the Faculty of Jurisprudence and Social Sciences, although it is true that university students are of legal age; However, the research focuses on analyzing the experience of the students who assumed motherhood during the adolescence stage. The stories presented here, investigates the motherhood, sexuality and family dynamics of the first family nucleus that welcomed, educated and cared for them, this being the fundamental pillar for the optimal development of an adult; in addition to knowing the problems or challenges that young mothers faced when they decided to have their baby.