Análisis de la influencia de la sentencia nº 34-19-in/21 y acumulados de la Corte Constitucional del Ecuador en el tipo penal de aborto

Abstract

The issue of abortion is the subject of debate, where social, cultural, religious and legal elements converge. Ecuador has historically criminalized women who have abortions, and except in certain situations, women are allowed to have abortions. These circumstances were indicated in art. 150 of the Organic Comprehensive Criminal Code only for women who, suffering from a disability, have become pregnant as a result of rape. The Constitutional Court echoed the discrimination against women who, without suffering any disability, suffered rape and could not access an abortion, and in its Judgment No. 34-19-IN/21 and accumulated, modifies art. 150, thus allowing all women to abort in case of rape. Similarly, the bill presented by the Ombudsman, presents inclusions such as that of "pregnant persons", which makes the criminal types of arts. 147, 148 and 149 must be modified, since now, in addition to women, these “pregnant persons” must be considered. The central objective of this scientific article is to analyze Judgment No. 34-19-IN/21 and accumulated, as well as its influence on the Ecuadorian criminal legal system, through the review of said sentence and with the support of specialized bibliography. It is concluded that the Comprehensive Criminal Organic Code must be modified, above all, in aspects of active and passive subjects in the criminal types of abortion in order to be able to adapt to the bills that are presented in the National Assembly.