Inconstitucionalidad de la despenalización del aborto en función de la interpretación armonizadora de derechos.

Abstract

This work argumentatively exposes criteria -based on the harmonizing interpretation of rights- by which it is considered that there is an incompatibility between article 150 of the “Código Orgánico Integral Penal” and the state obligation contemplated in our Constitution to protect life from conception. Throughout this work, general concepts are presented that will allow the reader to adopt a better understanding of the subject and the central aspects on which the research is based. Final purpose of this work is to establish the current legal situation of non-punishable abortion in Ecuador to determine through jurisprudence, doctrine, and international human rights treaties, interpreted under the harmonizing theory of rights, if whether maintaining exceptional cases in which abortion is currently permitted in Ecuador violates constitutional rights or not. We have limited ourselves to analyze only the legal aspect of abortion, so that the work in its development seeks to dispense moral and political connotations.