Posición jurídica del Nasciturus en los delitos contra la inviolabilidad de la vida tipificados en el código orgánico integral penal

Abstract

Abstract: The current Constitution of the Republic of Ecuador in its Article 45, protects and guarantees the primary right to life, including care and protection from conception, given that the right to life, is the first fundamental right of the human being, Since all other rights are derived from this, therefore the State has a fundamental duty to safeguard and ensure respect for this right. Nowadays, there is disproportionality in the penalties related to abortion crimes, which evidently transgresses the constitutional principles of equality, non-discrimination and proportionality; since the unborn conceived enjoys the same rights as a person already born, and has to be considered in our society on equal terms; taking into account that there is supranational and national legislation that protects, protects and considers the nasciturus subject to fundamental rights.