Sede Azogues - Derecho
URI permanente para esta comunidadhttps://dspace.ucacue.edu.ec/handle/ucacue/82
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Examinando Sede Azogues - Derecho por Autor "0105515159"
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Ítem Acceso Abierto Las técnicas de reproducción humana asistida como mecanismo para garantizar el derecho a la familia en parejas homosexuales(Universidad Católica de Cuenca., 2021) Coronel Jaramillo, Josselyn Katiusca; Zamora Vázquez, Ana Fabiola; 0105515159; ., .The objective of this research was to determine the need to regulate Assisted Human Reproduction Techniques (HRT) in homosexual couples to guarantee the right to have a family in Ecuador, since it is biologically impossible for them to have access without using alternative mechanisms. It is worth noticing that in the Ecuadorian’s Constitution in its article 67 in the first paragraph states: "The family is recognized in its various types. The State will protect it as the fundamental nucleus of society (...)" (Constitution of the Republic of Ecuador, 2008, art. 67). From this affirmation of the supreme law, it is understood the respect that the State owes to the different types of families that can be generated in a society. In the first place, the family was analyzed as a human or fundamental right, which is consolidated as a fundamental guarantee based on the principle of equality and non-discrimination, which is essential in a Constitutional State of rights and social justice. Secondly, a comparative study was made of Assisted Human Reproduction Techniques using doctrine and different legal systems that contemplate it in order to understand its complexity, Finally, dogmatic reasons were provided to understand why it is important to implement Assisted Human Reproduction Techniques in the Ecuadorian legal system, so that homoparental couples can have access to the right to the family. I was applied descriptive, inductive-deductive and explanatory methods to analyze the problem from different points of view.
