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Abortion in ecuadorian criminal legislation with argentina. Comparative analysis

Abstract:

Abortion in Ecuador occurs in all social strata and has been dealt with by legislators from a legal, moral, and religious point of view, but never from public health and women’s rights. In this research, a comparative analysis of abortion in Ecuadorian criminal law with Argentina is presented, in order to establish similarities and differences with respect to the punishableness of this conduct that damages the protected legal good of life. After the analysis carried out, it was observed that both laws have certain similarities, as they classify abortion as crimes against life and frame the crime within cetrain parameters of punishable and non-punishable. Argentine legislation is more flexible in certain points by allowing abortions to be performed in women under fourteen weeks (inclusive), without this being considered a crime, so it is observed that Argentine legislation is much broader on this issue, considering aspects that are not taken into account in Ecuadorian legislation. It is concluded that the penalties incurred in Ecuadorian law, when illegal abortion is performed, are much higher than those of Argentine law.