La protección laboral reforzada de la mujer embarazada en el marco constitucional ecuatoriano y su desarrollo jurisprudencial

Abstract

Abstract: This This research analyzes the legal and constitutional framework focused on enhanced labor protection for pregnant women in Ecuador, particularly in terms of regulatory development, case law, and the international approach. Therefore, the research begins by recognizing that motherhood is a social function that requires special protective measures to guarantee job stability under conditions of equality and non-discrimination. Using a dogmatic, hermeneutic, and systematic approach, the provisions contained in the Constitution of the Republic of Ecuador, the Labor Code, the Organic Law on Jurisdictional Guarantees and Constitutional Control, as well as the international treaties that make up the constitutional block, are examined. A jurisprudential analysis is also carried out of the most relevant rulings of the Constitutional Court, which have consolidated principles such as the presumption of discrimination due to pregnancy, the dynamic burden of proof, mandatory reinstatement, and the inviolable nature of maternity leave. The study shows that there is a solid legal framework within the country regarding labor protection for pregnant women, despite persistent challenges in practical application, especially in contexts of informality and structural inequality. Recommendations are proposed that focus on strengthening institutional and cultural norms regarding this guarantee, with a gender and human rights perspectiv.