La ponderación de los derechos constitucionales en casos de violación según la jurisprudencia constitucional

Abstract

Abstract:This thesis analyzes how the constitutional court of ecuador weighs the conflict between the right to life of the unborn and the fundamental rights of women such as dignity, autonomy and health in cases of sexual assault such as rape, taking into consideration the resolution of sentence no. 34-19-in / 21 and accumulated issued by the constitutional court. This study is based on a constitutional guarantee vision, which recognizes that not all rights have an absolute character and that, in the face of a conflict between principles that are at the same hierarchical level, it is necessary to rigorously apply proportionality criteria. It is concluded that forcing a woman to continue a pregnancy resulting from rape may constitute a very serious violation of her fundamental rights, especially when the state imposes such an obligation without offering other alternatives that respect her dignity and health. This scientific research seeks to contribute to the legal understanding of these types of conflicts, thus promoting a more humane and sensitive reading of the constitution, in accordance with international human rights standards.