Trabajos de Titulación - Derecho
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Item type: Ítem , Access status: Acceso Abierto , Aplicación de garantías en los acuerdos de mediación para asegurar el cumplimiento efectivo de las actas en la ciudad de Cuenca durante el periodo 2025(Universidad Católica de Cuenca., 2025) Cajamarca Cáceres , Ruth Estefanía; Carrasco Loyola, Juan José; 0302501846This study focuses on the implementation of guarantees in mediation agreements in the city of Cuenca, aiming to analyze the extent to which these mechanisms help ensure that the agreements signed by the parties are actually fulfilled, preferably automatically at the same venue where the methodology was applied to achieve conflict resolution. It examines the current legal framework, the role of mediation centers, and users’ perceptions regarding mandatory compliance and the monitoring of assumed obligations. Qualitative data were collected on the topic, highlighting the main obstacles to implementing and enforcing agreements. The research aims to identify problems in the control systems and proposes critical and reflective thinking that can introduce stronger legal and administrative guarantees, thereby enhancing legal certainty in the mediation process. The findings aim to support the development of protocols and public policies that strengthen mediation as a reliable and effective alternative method of conflict resolution.Item type: Ítem , Access status: Acceso Abierto , El sectarismo en Cuenca y su influencia en el femicidio, aplicado a los casos de Cristina Palacio y Maribel Pinto(Universidad Católica de Cuenca., 2025) Cabrera Jiménez, Estefanía Carolina; Flores Idrovo, Luis Manuel; 0105357263This research investigates manifestations of sectarianism in Cuenca and its influence on femicide cases, with a specific focus on the deaths of Cristina Palacio and Maribel Pinto as case studies from sociological and gender-based perspectives. The objective is to comprehend how cultural, religious, and social stereotypes perpetuate sectarianism and obscure gender-based violence. The study begins with an examination of sectarianism as a form of social exclusion, linked to membership in closed groups, and as expressions of power and inequality between men and women, as well as among women themselves. This research emphasizes the connection between sectarianism, patriarchal culture, and femicide violence viewed from the perspective of Cuenca society. It highlights that addressing femicide requires more than merely the enforcement of penalties; it also demands a transformation of social beliefs that marginalize women and promote inequality. This underscores the importance of reviewing public, educational, and communication policies related to gender-based violence, as well as enhancing the training of judicial actors, social communicators, and the wider community in human rights, feminism, and gender issues —not as an ideology that supersedes judges’ respect for women, but to ensure that cases are presented objectively, grounded in evidence and appropriate legal standards.Item type: Ítem , Access status: Acceso Abierto , Intervención de Trabajo social en los casos de femicidio desde un enfoque metodológico, en la Fiscalía del Azuay-Cuenca(Universidad Católica de Cuenca., 2025) Lazo Monrroy , Miriam Eulalia; Romero Vázquez, Valeria Estefanía; Urgiles León, Sandra Jackeline; 0106140502; 0302626387Femicide is considered the most extreme form of gender-based violence, becoming one of the most severe expressions of the violation of women’s human rights. In Ecuador, femicide continues to increase, reflecting structural inequality, gender stereotypes, and a limited institutional response. This research aimed to analyze the intervention of social workers in femicide cases from a methodological persepective at the Azuay-Cuenca Prosecutor’s Office, to identify limitations, challenges, and strategies in social work professional practice. A qualitative study was conducted using a descriptive and cross-sectional approach, and semi-structured interviews directed at social work professionals within the Prosecutor’s Office. Data analysis was conducted following the categories of technical intervention. The findings showed that social work intervention integrates technical, ethical, and humanistic components, allowing for a comprehensive understanding of femicide. Nevertheless, the lack of specialized professional training, weak institutional coordination, and insufficient resources for effective care were identified, concluding that social work plays a vital role in humanitarian care within the judicial system and in strengthening rights-based justice. A methodological intervention model was proposed, structured around diagnosis, care, coordination, and monitoring.Item type: Ítem , Access status: Acceso Abierto , La mala práctica profesional en medicina veterinaria y su incidencia en los derechos de los animales de compañía o mascota por falta de normativa legal(Universidad Católica de Cuenca., 2025) Mena Castillo, Edwin Mateo; Pacheco Solano, Jaime Alberto; 0107594731In Ecuador, there is no criminal penalty for the death of companion animals caused by veterinary negligence, creating a regulatory gap that enables impunity for negligent conduct against animals recognized as subjects of rights. The objective was to analyze the need to classify negligent biocide due to veterinary malpractice and determine its placement within the Comprehensive Organic Criminal Code. A comparative analytical method was used, including a study of the Ecuadorian constitutional framework and a review of the legal systems of Spain and Argentina, applying the theory of objective imputation and the proportionality test. The results revealed that none of these countries criminalizes such conduct, although they do establish direct administrative and civil penalties. In Ecuador, civil proceedings are insufficient because they require proof of damage to the guardian rather than to the animal itself, making effective redress difficult. Article 146 of the Comprehensive Organic Criminal Code provides guidance on the objective duty of care applicable to this type of conduct. It is concluded that it is necessary to reform Article 250.1 of the code, as mentioned above, to include negligent biocide due to veterinary malpractice, with a proportional penalty of 30 to 90 days of imprisonment or community service, thereby guaranteeing effective protection of the rights of companion animals without equating them with human beings.Item type: Ítem , Access status: Acceso Abierto , El tratamiento de datos personales biométricos dentro de entornos laborales en el marco de la Ley Orgánica de Protección de Datos Personales frente al principio de legalidad.(Universidad Católica de Cuenca., 2025) Carchipulla Fajardo, Mateo Josué; Gallegos Avendaño , Mónica Cecibel; 0150051399The research analyzes the processing of biometric personal data within Ecuadorian work environments, in light of the principle of legality and the Organic Law on Personal Data Protection (2021). This research examines the conflict between the need for corporate control and the guarantee of fundamental rights, highlighting the importance of informational self-determination and human dignity. Biometric data, due to its unique and immutable nature, requires enhanced protection, as its misuse can violate privacy and lead to discrimination or undue control over workers. The 2008 Constitution recognized the right to personal data protection for the first time in the country, while the establishment of the Superintendency of Personal Data Protection in 2023 marked an institutional advance that is still in its beginnings. The research compares Ecuadorian regulations with international standards such as the European Union's General Data Protection Regulation (GDPR) and OECD guidelines, highlighting the need to strengthen oversight, proportionality, and free consent in labor relations. It concludes that the effectiveness of this right depends on its actual application, institutional training, and the consolidation of a legal culture that prioritizes privacy protection in the labor and technological spheres.Item type: Ítem , Access status: Acceso Abierto , Análisis dogmático y normativo de la imputación objetiva y la autoría en accidentes mortales por vehículos autónomos en Ecuador(Universidad Católica de Cuenca., 2025) Pacheco Coca, Mauricio Vladimir; Monsalve Robalino, Bernardo Xavier; 0106508146This research addresses the doctrinal and normative challenges posed by criminal charges in fatal traffic accidents caused by autonomous vehicles in Ecuador. The study is based on the observation of a structural gap between technological evolution and the response of criminal law, whose traditional categories—based on conscious and voluntary human action—are insufficient in the face of artificial intelligence systems capable of autonomous decision-making and execution. The objective is to analyze the scope and limitations of objective imputation and criminal liability to identify potentially responsible parties and assess the adequacy of the current legal framework, particularly the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym). The methodology used is qualitative, adopting a comparative and doctrinal approach, based on criminal doctrine, Ecuadorian legislation, and comparative law from Germany, Spain, and the United States. It is determined that the theory of objective imputation is the most suitable instrument for attributing responsibility in technological contexts. However, its lack of codification in the COIP generates interpretative gaps. Furthermore, it is observed that the limitation of the criminal liability of legal persons to intentional offenses prevents manufacturers, programmers, or operators from being held accountable in cases of negligence. The research concludes that technological evolution requires a restructuring of the legal system on more flexible and functional bases, incorporating objective imputation as a guiding principle and redefining the roles of guarantors in light of the risks created by artificial intelligence, to maintain consistency between legal protection and technological progress.Item type: Ítem , Access status: Acceso Abierto , El aborto por causal de violación en Ecuador: análisis jurídico-social del acceso y aplicación de los protocolos legales(Universidad Católica de Cuenca., 2025) Piedra Guamarrigra, Carlos Andrés; Monsalve Robalino, Bernardo Xavier; 0106394513This 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.Item type: Ítem , Access status: Acceso Abierto , La aplicación de responsabilidad penal de personas jurídicas con base en el Artículo 49 del COIP ecuatoriano(Universidad Católica de Cuenca., 2025) Quituisaca Cabrera, Diego Fernando; Clavijo Vergara, Andrés Santiago; 0150493922This research analyzes the criminal liability of legal entities in Ecuador, based on the provisions of Article 49 of the Comprehensive Organic Criminal Code. Although this figure represents progress in the fight against new forms of crime, its application is ineffective due to several factors, such as dogmatic, regulatory, and institutional limitations. From a dogmatic perspective, there is evidence of tensions with principles and concepts of traditional criminal law, such as conduct and culpability, among others, which were created and have evolved to be applied to natural persons. From a regulatory standpoint, Article 49 lacks clear definitions and does not establish sufficient criteria for consistent and rights-based prosecution. Likewise, there are several obstacles in practice due to the lack of training among justice operators, limited inter-institutional cooperation, the absence of case law, and the weak implementation of compliance programs. These factors have an impact on the social and economic spheres.Item type: Ítem , Access status: Acceso Abierto , Análisis de la existencia de requisitos de los títulos de ejecución en el Código Orgánico General de Procesos(Universidad Católica de Cuenca., 2025) Carrión Lima, Evelyn Karina; Sánchez Urgiles, Washington Andrés; 0150633782This research aims to analyze the requirements for enforceable titles in Ecuador’s General Organic Code of Procedures (COGEP, by its acronym in Spanish), identifying the main regulatory gaps and deficiencies that impact their practical application. Through an in-depth study of the provisions in the General Organic Code of Procedures and a comparative analysis with legislation from other Latin American countries, the aim is to propose reforms that enhance clarity and legal certainty in the use of these legal instruments. The results of this research highlight the need to establish more precise and detailed regulations for enforceable titles, ensuring a fairer and more effective application of the law in enforcement proceedings. Lastly, a reform of Article 347 of the COGEP is proposed, aimed at unifying the categories of enforceable titles and executory titles –except for final judgments and other strictly judicial instruments– to provide the procedural system with consistency, clarity, and efficiency. This reform would strengthen effective judicial protection and prevent classification errors that currently occur in enforcement proceedings (National Court of Justice, 2021).Item type: Ítem , Access status: Acceso Abierto , Estudio de las causales de terminación unilateral en los contratos administrativos conforme el Art. 94 de la LOSNCP(Universidad Católica de Cuenca., 2025) Ortega Jiménez , Franklin Marcelo; Roldán Cali , Wilson Geovanny; Crespo Crespo, Miguel Agustín; 0104892286; 0150065910This research paper analyzes the grounds for unilateral termination of administrative contracts in Ecuador, in accordance with Article 94 of the Organic Law of the National Public Procurement System (LOSNCP, by its acronym in Spanish). The study begins with a conceptual and doctrinal analysis of public procurement and administrative contracts, establishing their essential elements, principles, and characteristics within the Ecuadorian legal framework. The stages of the preparatory, pre-contractual, and execution contractual procedures are examined to understand the administrative dynamics that govern public management. Based on this, the concept of unilateral termination is addressed in detail, identifying the causes that motivate it, such as contractor default, unjustified suspension of work, or economic insolvency, among others, as provided by law. The methodological approach combines normative analysis with a review of relevant case law, highlighting how the public administration’s power to terminate contracts must be duly justified and comply with the principle of legality. Lastly, the research concludes that the correct application of this mechanism guarantees the protection of the general interest, transparency in the management of public resources, and a balance between the powers of the State and the rights of contractors, thus consolidating an efficient and legally secure public procurement system.Item type: Ítem , Access status: Acceso Abierto , Límites jurídicos al derecho de propiedad en el contexto de promesas de compraventa(Universidad Católica de Cuenca., 2025) Ulloa Castro, Eddie Alexander; Carrasco Loyola, Juan José; 1400816045This research analyzes the legal issues arising from the failure to register the promise of sale agreement for real property in the Property Registry Office under Ecuadorian law. Although the promise of sale agreement constitutes a preliminary contract that creates obligations to perform, its lack of registry publicity places the promissory buyer in a vulnerable position regarding the risk of double sales, the creation of encumbrances, or conflicts with third parties acting in good faith. Unlike other Latin American legal systems, such as Colombia and Mexico, which have implemented mandatory or voluntary registration mechanisms with enforceable effects, Ecuador maintains a regulatory gap that undermines legal certainty and confidence in real property transactions. The study conducts a historical and doctrinal analysis of the contract and the contract of sale, examines the essential requirements of the promise of sale agreement, and evaluates its legal effects, particularly in relation to third parties. In addition, interviews with experts show that notarial and judicial practice acknowledge the need to strengthen buyer protection. Finally, the study proposes moving toward legal reforms, improved notarial practices, and preventive contractual mechanisms that guarantee stability, transparency, and legal certainty in preliminary real estate agreements in Ecuador.Item type: Ítem , Access status: Acceso Abierto , Responsabilidad penal por la difusión de imágenes íntimas no consentidas generadas con inteligencia artificial en Ecuador(Universidad Católica de Cuenca., 2025) Calles Cadena, Vinicio Alejandro; Granja Rosero, Eduardo Alejandro; Hidalgo Palacios, José Felipe; 1400714422Artificial Intelligence (AI) technologies have completely transformed the way images are created and shared, posing a significant challenge for criminal law. Today, anyone can produce a deepfake or deepnude that looks completely real, even without an original photograph. This affects essential legal rights such as privacy, image, and dignity, as these fake intimate images spread quickly, damage reputations, and expose individuals to digital violence that is often invisible yet just as serious as physical aggression. The problem is that Ecuadorian criminal law is not prepared to address this phenomenon. The Comprehensive Organic Criminal Code (COIP, by its Spanish acronym) requires the existence of a real image to punish the dissemination of intimate content, leaving victims of AI-generated synthetic images unprotected. Applying these behaviors by analogy is also not feasible, because it would violate the principle of legality. This creates a regulatory gap that encourages impunity and complicates the work of prosecutors and judges. While countries such as Spain, the United Kingdom, and several U.S. states already have specific regulations in place, Ecuador still lacks a clear legal response. This makes it urgent to reform criminal law to incorporate these new forms of digital violence and ensure that dignity and privacy remain protected in the technological era.Item type: Ítem , Access status: Acceso Abierto , Condiciones de precariedad laboral en trabajadores de plataformas digitales en la ciudad de Cuenca periodo 2023-2024: un análisis jurídico post-covid-19(Universidad Católica de Cuenca., 2025) Galarza Macao, Mercy Geomara; Carpio Flores, Luis ManuelIn Cuenca, the expansion of jobs on digital platforms as a result of the pandemic and the COVID-19 health crisis has meant a radical change in the labor market. The dynamic is a mix of technology and flexibility, providing convenience for consumers who can access these platforms comfortably and safely from anywhere in the city. It has also created new opportunities for unemployed people. This type of employment boomed since the health crisis and has continued to date under the same conditions. However, this scenario hides precarious working conditions that need to be questioned and resolved, as there are unfair conditions for employees who work under this modality, and the effectiveness of the Ecuadorian legal system in labor matters is key to addressing this. This is the reason why this research examines the working conditions of employees associated with digital applications during the years 2023-2024, studying in detail the relevant legal gaps that limit their recognition as subjects entitled to basic labor rights.Item type: Ítem , Access status: Acceso Abierto , Análisis de la motivación en sentencias de acción de protección en el cantón Cuenca durante el 2024(Universidad Católica de Cuenca., 2025) Guamán Alvacora, Lady Thalía; Pinos Jaén, Camilo Emanuel; 0350082525This study examined the guarantee of motivation in protection actions judgments issued in Cuenca during 2024, within the framework of Ecuador’s constitutional state of rights and justice. It aimed to determine whether the judges of the Provincial Court of Justice of Azuay properly applied the standards of motivational sufficiency set by the Constitutional Court, which require proper normative and factual justification, along with an analysis of rights violations. Methodologically, a mixed approach was employed: both theoretical and empirical. In the theoretical stage, the inductive-deductive method was used, based on a review of doctrine and case law, while in the empirical stage, 97 appeal judgments were analyzed, selected through a probabilistic sample from a total of 258 proceedings. The data were organized and statistically analyzed to identify the argumentative criteria and the adequacy of the judicial reasoning. The results showed that most judgments referenced regulations, but many lacked thorough factual and constitutional analysis. It was also observed that chambers handling the heaviest caseloads provided lower-quality arguments. The research concluded that judicial reasoning remains a structural weakness of the Ecuadorian judicial system. Therefore, it is important to enhance training in constitutional argumentation and improve mechanisms for quality control of judgments.Item type: Ítem , Access status: Acceso Abierto , El régimen de tutela y la responsabilidad de cuidado para los animales de compañía como sujetos de derechos en relación al divorcio en Ecuador(Universidad Católica de Cuenca., 2025) Landy Pacheco , Melanie Geovanna; Calle Masache, Nube Catalina; 0105714430This research examines guardianship and caregiving responsibility for companion animals during divorce proceedings in our country. The goal is to analyze how the absence or lack of such provisions in Ecuadorian law violates the rights of companion animals when their caregivers’ marriages are dissolved. This study employs a qualitative methodology, using a legal-logical-deductive approach, analyzing concepts, doctrines, and both national and international regulations. It also adopts a comparative legal approach by examining international laws and regulatory experiences in countries like Spain, Portugal, and Argentina. According to the results, despite Ecuador’s notable progress in protecting animals, including companion animals, there remains much to be improved legally to promote animal welfare. Compared to other countries, Ecuador lacks specific regulations aimed at fully protecting companion animals during divorce proceedings. These regulatory gaps and shortcomings prevent the rights of companion animals to be protected or cared for from being realized, leading to a violation of their actual protection and welfare.Item type: Ítem , Access status: Acceso Abierto , La influencia de la presión mediática en la independencia judicial en los procesos penales en Ecuador.(Universidad Católica de Cuenca., 2025) Vallejo Delgado, Juan Sebastián; Monsalve Robalino, Bernardo Xavier; 0150715787Judicial independence guarantees that Ecuadorian judges resolve legal cases in accordance with the Constitution and the law, without interference, external pressures, or political or economic interests. However, in high-profile criminal proceedings, the performance of the media, whether traditional or digital, has become an element capable of undermining the judicial case and citizens' discernment of judicial decisions. The cases of high public interest detailed show that media pressure coincides with sensitive judicial proceedings, such as the formulation of charges or the resolution of the sentence. In this context, negative media coverage can influence a particular case, creating perceptions of bias or partiality, to the extent that they even prejudge the decision that belongs solely to the judge, even when the decision is in accordance with the law.Item type: Ítem , Access status: Acceso Abierto , Insuficiencia de las facultades del curador ad-litem como garante de los derechos de los menores en el código civil ecuatoriano(Universidad Católica de Cuenca., 2025) Baculima Jaramillo, Anthony Sebastián; Calle Masache, Nube Catalina; 0107906943This paper focuses on the legal figure of the curator ad litem, aiming to determine whether Ecuadorian legislation currently plays an effective role in guaranteeing the rights of children and adolescents, considering that the regulatory framework limits itself to outlining only its ultimate purpose and does not even address their powers, duties, or limitations —an omission that may lead to inefficiency in the performance of the role. Therefore, the hypothesis emerges that the curator for lawsuits functions merely as a formality, detached from the main criterion of a guarantor of rights. In light of this, the analysis focuses on examining theories that restrict constitutional rights, as well as the principle of the best interests of the child in divorce proceedings. To this end, the study draws on attorneys’ experiences gathered from their practical work in judicial proceedings and compares it with legislation that reflects significant advances in the application of this legal concept. Suppose it is determined that the failure to clarify the curator’s powers is the root cause of having a merely nominal curator, the study will compile best practices adopted in other legal systems that are susceptible to application in Ecuador, not only to identify legal problems but also to provide criteria for resolving them.Item type: Ítem , Access status: Acceso Abierto , El delito de violación en Ecuador: limitaciones normativas y su impacto en la judicialización de casos con agresoras femeninas(Universidad Católica de Cuenca., 2025) Galarza López, María Cristina; Monsalve Robalino, Bernardo Xavier; 0106265838This research, titled “The crime of rape in Ecuador: regulatory limitations and their impact on the prosecution of cases involving female perpetrators,” critically examines the wording of Article 171 of the Comprehensive Organic Criminal Code (COIP, by its acronym in Spanish) and the legal consequences derived from its formulation. In effect, the use of the governing verb “introduce” unduly restricts the perpetration of the crime to male subjects, creating regulatory gaps that prevent the equitable punishment of sexual violence committed by women and, therefore, violate the principles of equality, legal certainty, and effective judicial protection. From a qualitative approach, based on legal-dogmatic, hermeneutic, and socio-legal methods, the structure of the criminal offense and its correspondence with constitutional principles are analyzed, as well as the doctrinal and jurisprudential evolution of the crime of rape, in which, through comparative law, the legislative models of Spain, Colombia, the United States, and Germany are compared, all of which have adopted a gender-neutral approach based on consent as an essential element of the criminal offense, showing that the Ecuadorian legal system maintains a patriarchal and biologicist approach that excludes women as possible perpetrators, which generates under-classification of behaviors and inequality in criminal protection. The study proposes guidelines for a possible reform that redefines Article 171 of the COIP to redefine rape from a perspective of autonomy and consent, thus guaranteeing effective and equitable protection of sexual freedom in accordance with international human rights standards.Item type: Ítem , Access status: Acceso Abierto , Derechos sexuales y reproductivos de las mujeres, un análisis de la viabilidad jurídica respecto a la donación de gametos en Ecuador(Universidad Católica de Cuenca., 2025) Avilés Castillo , Joseline Andreina; Torres Montaleza, Daniela Alejandra; Vallejo Cárdenas, Paola Priscila; 0106722952This research analyzes the legal feasibility of gamete donation in Ecuador from a gender perspective, covering different ethical, legal, and human rights criteria. It focuses on the challenges arising from the regulatory vacuum surrounding sexual and reproductive rights in assisted human reproduction techniques and the implications this has for rights. Through a legal-doctrinal study, national and international regulations, international treaties, doctrine, and jurisprudence were analyzed to identify regulatory deficiencies and their direct impact on the effectiveness of women's sexual and reproductive rights. The analysis also reveals how the lack of regulation of gamete donation as an Assisted Human Reproduction Technique directly affects the legal security of both gamete donors and recipients, raising another ethical debate that encompasses issues such as filiation, personal data protection, and others. Consequently, the establishment of clear and specific regulations guaranteeing women's full autonomy to make decisions about their sexual and reproductive lives should be considered a fundamental necessity that, if properly developed, would contribute to strengthening the Ecuadorian legal framework and represent a significant step forward in its development, as it would be aligned with international human rights standards and norms.Item type: Ítem , Access status: Acceso Abierto , La protección laboral reforzada de las mujeres embarazadas - Análisis integral del despido ineficaz en el derecho ecuatoriano(Universidad Católica de Cuenca., 2025) Bustos García, María Paz; Carpio Flores, Luis Manuel; 0107249781This research examines the constitutional and legal framework governing the legal concept of null and void dismissal of pregnant women in Ecuador, focusing on the principle of employment tenure and enhanced labor protections. The first section reviews the historical and regulatory background of workplace maternity protections, beginning with the recognition of women’s right to work as a response to social inequalities of the time. Ecuadorian law has progressively recognized maternity protections, culminating in the 2008 Constitution, which explicitly designates pregnant women as a priority group. The second section offers a comprehensive review of national and international laws that clarify the principle of employment tenure for pregnant women, emphasizing the State’s obligation to implement measures ensuring equal opportunities and treatment at work, and to prevent unjustified dismissals related to pregnancy. The third section discusses the principle of enhanced labor protection, which considers pregnant women as a vulnerable group and grants them special legal status, requiring measures by both employers and the State to ensure their job stability and overall well-being. Therefore, this study concludes that strengthened labor protection serves as safeguards against wrongful dismissals.
