El consentimiento de los adolescentes en el ejercicio de sus derechos sexuales : análisis del caso Nro.13-18-CN de la Corte Constitucional del Ecuador.

Abstract

The general objective of this complex examination is to determine whether the examination of the constitutionality of the norm, carried out by the Ecuadorian Constitutional Court in sentence No. 13-18-CN/21, by means of which it ruled the additional constitutionality of numeral 5 of article 175 of the Organic Integral Penal Code, includes the constitutional precepts that protect the sexual rights of minors, aimed at the decriminalization of adolescent sex. From this perspective, a qualitative, descriptive and transversal approach will be used to analyze in detail all the legal and constitutional norms related to adolescent sexual consent, the sexual rights of adolescents, and the sexual acts that adolescents between 14 and 17 years of age may consent to since the declaration of the additional constitutionality of the aforementioned norm. In this sense, this research will deepen the theoretical knowledge that revolved around the declaration of constitutionality; it will address, using the observation guide as an instrument of data collection, the most relevant aspects on the application of the exception to the sexual irrelevance of minors under 18 years of age; as well as the parameters of assessment of the voluntary consent of adolescents of that age group.