Derechos sexuales y reproductivos de las mujeres, un análisis de la viabilidad jurídica respecto a la donación de gametos en Ecuador

Abstract

This 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.