Análisis de la inclusión como agravante en el delito de femicidio, el hecho de dar muerte a una mujer con discapacidad tanto física como intelectual

Abstract

This research analyzes the implementation of the woman's disability as an aggravating circumstance to the crime of femicide as a mechanism for the adequate protection of her constitutional rights to life and an environment free of violence. This precept has shown that there is special protection for women in Ecuador. Still, even with it, the reality is different, so the State must implement effective mechanisms to protect women's lives, especially those who are members of priority groups such as women with disabilities. Based on this reality, there is a need to include the fact of killing a woman with a disability as an aggravating circumstance to the crime of femicide. With this, it is meant to achieve a decisive contribution to the legal security of the State, to verify this hypothesis, having as a general objective within the present investigation to analyze the inclusion of disability as an aggravating circumstance to the crime of femicide, to effectively protect the right to the legal security of women with disabilities. In this research, analytical-synthetic and historical-logical methods were used to fulfill this objective.