Abortion As A Claimed Right Due To Violations

Abortion as a claimed right due to violations

In this academic essay we will emphasize "abortion as a right". It is estimated that abortion is the interruption of pregnancy and can be exercised naturally and involuntarily. I consider that abortion as a law is claimed for different causes, of violation, risk of life of the mother and the willingness to have or not pregnancy, since the pregnant woman could do it safely and free, it is argued that the violation isA problem that affects the pregnancy in her pregnancy.

Developing

According to my criteria, violation is understood as a sexual contact that occurs without the acceptance of the person, this implies an imposition, physical intimidation or physical strength. It is seen as a problem that affects many people in the field of sexual orientation, gender, age, ethnicity among others (Medlineplus, 2020). In my opinion, transgression occurs more frequently in women, not leaving men behind. According to the Organic Integral Code of Ecuador, the violation is “carnal access with total or partial introduction of the virile member, orally, anal or vaginal, or the introduction, vaginally or anal, objects, fingers or organs other thanvirile member, to a person of any sex ". (Coip, 2014, P. 42). I estimate that stupro is the interference against all criminal types against sexual freedom. In the COIP (Criminal Integral Code) it sanctions the offender or active subject of the violation, who cannot be protected in circumstances called mitigant, so that a low sentence is imposed, since the violation is a crime, and in any wayor circumstance decreases the severity of the infraction.

It happens that the woman is sanctioned for practicing an abortion and in itself to the doctor who applies it. "The justification of abortion must be covered within the exercise of the right to physical or mental integrity" (Zaffaroni, 2002, p. 641). The Ecuadorian State despite the various violations, the abortion practiced by lucid women is still penalized, given this in defense of the right to life.

My criteria about abortion is that being generalized as a social problem being a controversial issue since time ago, according to the COIP (Criminal Integral Code) is considered a crime today, since it threatens the human rights of people andagainst the right of women, referring to their health and productivity of life. In this regard, the book First, Title IV, “Infractions in particular”, second chapter “Of the crimes against the rights of freedom”, first section “Crimes against the inviolability of life”, whose base is established or typified in the articles147 to 150 of the Integral Criminal Organic Code of Ecuador, punishes the fact of interrupting the pregnancy or pregnancy process and therefore considers abortion, the reason in which its position is based is that it tries to protect the legal good oflife from conception to the death of man, without any condition.(Coip, 2014, pp. 30-39). While for Own Tocildo "that what tries to protect is the human life before birth, when the legal good that must protect is the life expectancy of women" (Tocildo, 1977, p. 107). I consider that abortion in young people occurs clandestinely, so its prevention has been to seek implementation solutions such as talks or training in educational centers.

According to German doctor Pietrusky, abortion “is any artificial interruption of pregnancy, not executed by medical indication or eugenic indication.”(Schutt, 1940, p. 242).

My criteria is that the right to life is protected in our legislation, however, a part of our legal doctrine allows therapeutic abortion and due to rape in a woman suffering from mental disability. There is the dilemma of knowing that the law is the one that prevails, the right to life of a being that can be born or not and the right to life to women. The abortion practiced by women who have been violated, is a crime in Ecuadorian criminal legislation, which generates a transgression to the sexual and reproductive integrity of women, that is, it violates the power of women to decide autonomously whether or not to have ason. "The countries that are against the decriminalization of abortion protect an autonomous legal good, different from the interests of pregnant women and somehow linked to human life" (Ramires, 1986, p. 93). I think that our State must recognize the sexual rights of men as women and thus gender equity as part of the right to life and not as a biological function. Currently we can notice as advanced in great growth of abortions by violation and the Organic Integral Criminal Code, it must take into account the circumstances that put the fact at the time of sanctioning the crime of abortion and that is why our legal doctrines must adjust to society, forguarantee the lives of women and their freedom. "Access to safe and legal abortion is a matter of human rights" (Marianne, 2006).

Conclusions

I conclude that our legislators representatives must take into account the victims of rape and based on their problems protecting the mother protection rather than the conceived nasciturus, since if we observe in Ecuador the majority are minors who are violated,thus affecting psychologically and sentimentally damaging their moral integrity and violating their rights. I made that the conceived nascituros is not life until 3 months, so if precautionary measures are taken, there would be a low level of rape cases;Ecuadorian laws should create or insert rules so that they fall on the transgressor of crime, thus helping to protect women’s rights and protecting their decisions.

Bibliography

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