Análisis de la sentencia nro. 34-19-IN21 emitida por la Corte Constitucional y la penalización del aborto consentido en casos de mujeres víctimas de violación

Abstract

Abstract: This article tries to show that in Ecuador there is a violation of the rights of a rape victim who does not have a mental disability, that article 150 of the Comprehensive Criminal Organic Code violates constitutional guarantees, discriminating, re-victimizing and leaving her helpless. This investigative article is based on a doctrinal and critical legal analysis of Ecuadorian legislation, specifically articles 149 and 150 of the ibidem law, which conflict with the guarantees stipulated in the Magna Carta, such as with respect to the right to formal, material equality and non-discrimination, that the legislator forgot that the woman victim of rape is within the group of double vulnerability, in some cases for being girls, adolescents, for being a pregnant woman and victims of rape; and, that the State guarantees priority attention to the victims of criminal offenses, who will enjoy special protection and will not be re-victimized, recognizing a life free of violence in the public and private spheres.