Jurisprudencia y Ciencias Sociales

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

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2022 - 20252

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Tema: search.filters.subject.INTEGRIDAD SEXUAL

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  • Miniatura
    Item type:Ítem,
    Análisis de la influencia de la Sentencia No. 17-21-CN/23 y la interpretación condicionada por parte del pleno de la Corte Constitucional del Ecuador
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21)
    Panimboza López, Karla Sharis
    ;
    Acosta Morales, María Gabriela
    Sexual violence is a problem of general interest that affects the most vulnerable members of society, such as persons with disabilities, who are frequently victims of sexual crimes such as rape, since this group has been prevented from appropriating their sexuality and for whom investigations are scarce. The objective of the study is to analyze from a legal and dogmatic perspective the Sentence No. 17-21-CN/23 of the Constitutional Court of Ecuador to establish the applicability of the proportionality of the interpretation of this type of crime and adjust it to the needs and reality of victims with disabilities unable to show resistance. The importance of dealing with this problem lies in the fact of giving visibility to an illegal conduct that violates the rights of integrity and sexual freedom of a priority group. The research approach is explanatory, using a qualitative methodology, which allows the bibliographic and jurisprudential study, together with the application of interviews to Judges and Prosecutors of the province of Tungurahua, this allows to collect the causes and effects of the legal problem, so it is immersed within the research line of public policy, law and society. The main result evidence that, although the examined sentence demands a personalized treatment in the imputation of the crime of rape, the actions of the judicial officials overlook what was ruled by the Constitutional Court, violating the rights of integrity and sexual freedom of persons with disabilities. In conclusion, the study underscores the need for greater control of compliance with constitutional jurisprudence on the part of justice administrators and a stronger state commitment to the implementation of public policies aimed at sex education and social integration of persons with disabilities.
  • Miniatura
    Item type:Ítem,
    La mujer indígena y el derecho a una vida libre de violencia sexual
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-02)
    Suárez Medina, Dina Leonor
    ;
    Vargas Villacrés, Borman Renan
    This work presents an investigation aimed on the one hand to explore indigenous women within the contexts: historical, social and cultural, in order to illustrate their trajectory and position within the Ecuadorian state. Likewise, the current situation is analyzed and how the irrogated sexual violence against women is handled within the indigenous communities of Ecuador, when they go to the ordinary or customary justice systems. Thus, a socio-legal problem is configured, a silent phenomenon that attacks the sexual integrity of thousands of girls, adolescents, youth and adults. In this line, within the applied methodology the critical-propositional paradigm is used, in order to analyze the phenomenon that afflicts the victim in order to propose real solutions that respond to human need. Evaluating the application and defense of the rights that protect women who, due to their cultural richness, are indigenous, is determined as a very little explored field within the legal world. For this reason, an analysis of real data is presented, collected from the perspective of the indigenous community of the parishes of Cajabamba and Salasaca, belonging to the Andean region of the country. Indeed, results and conclusions that are of interest to the legal world on the right to a life free of sexual violence are presented and finally the application of a cooperation mechanism is recommended that allows indigenous women to seek comprehensive justice without threatening the legal pluralism in force in the country.