Atipicidad del aborto culposo en tránsito: desprotección del derecho a la vida del nascituro y reparación a víctimas indirectas

Abstract

The uncommon case of wrongful abortion in the Ecuadorian Comprehensive Organic Criminal Organic Code (COIP by its Spanish acronym) has emerged as a crucial issue, especially within the context of transportation and road safety. The importance of addressing this issue lies in the need to protect both the right to life of the unborn and the right to personal integrity of the pregnant mother, particularly when the abortion results from a traffic accident. To analyze this problem, a documentary methodology was used to conduct a study of the current criminal legislation in Ecuador and identify possible legal gaps regarding the protection of the right to life of the unborn and the integrity of the pregnant mother. Likewise, a comparative methodology was used to examine how wrongful abortion is regulated in other international legislation to determine the practices and regulations in countries that have criminalized this issue in the context of traffic accidents and evaluate its applicability in Ecuador. Based on these analyses, this research focuses on evaluating the need to include the criminal offense of wrongful abortion in criminal legislation. Therefore, it will explore the legal and ethical implications derived from the absence of a specific classification of wrongful abortion in criminal law. Ecuadorian legislation considers constitutional rights and relevant international treaties that grant responsibility to the Ecuadorian State as the guarantor of human rights recognized by international law.