El aborto por causal de violación en Ecuador: análisis jurídico-social del acceso y aplicación de los protocolos legales

Abstract

This study examines abortion resulting from rape in Ecuador from a legal and social perspective in order to identify the main institutional, regulatory, and cultural barriers that prevent effective access, even though it is already legally established in Article 150 of the Comprehensive Organic Criminal Code (COIP, by its acronym in Spanish), and in Ruling 34-19-IN/21 issued by the Constitutional Court. This research reviews international human rights treaties, the foundations of criminal law doctrine, and constitutional principles, including equality, dignity, and non-discrimination, to establish a legal framework aligned with the State’s obligations. Furthermore, interviews with healthcare providers and legal professionals reveal that victims lack clear and precise protocols to ensure law enforcement, intensified by cases of excessive use of conscientious objection and a shortage of medical facilities in rural and indigenous areas, reflecting a structural gap between law and practice. The study proposes improvements to the COIP regarding procedures for accessing abortion in rape cases, constitutional harmonization to protect victims belonging to groups facing double vulnerability, and training for justice operators and medical personnel to ensure the effective implementation of the right. Ultimately, the right to abortion in cases of rape becomes effective when women’s autonomy is respected, institutions are aware, and inter-institutional coordination occurs within social realities.