Análisis jurídico sobre alternativas para las mujeres gestantes producto de una violación sexual.

Abstract

The present legal article analyzes the decision of the pregnant victims of sexual violence and the continuity or not of their unwanted pregnancy and the alternative of giving up for voluntary adoption the unborn from the womb. In this regard, the legal problem that is being analyzed within the present investigation is that within the Ecuadorian legislation the Ecuadorian State only provides two alternatives for the pregnant woman caused by a sexual violation: to raise or to abort. This, taking into consideration the application of the fundamental rights contained in the Constitution of the Republic of Ecuador and various international treaties, to which our country is subscribed. As well as, achieving a focus on the possible criminal responsibility that certain actions may encompass. Within the present investigative work, a legal and dogmatic analysis is carried out, on which it is evident that there is another alternative, to give the newborn up for voluntary adoption before being born.