Decriminalization of Abortion in Ecuador: A Look at the Performance of the Court, the President, and the National Assembly

Abstract

This article analyzes the evolution of abortion in Ecuador, from its beginnings, defined by key moments in the years: 2004, 2007 and 2013, to where we are now. The ruling of the Constitutional Court “No. 34-19-IN/21 y Acumulados”, which decriminalizes abortion in cases of rape, will be taken as a reference. This historic ruling represents a victory for the process of struggle of feminist movements
to vindicate the rights of women in all areas where they have suffered and suffer violations, in addition to being a transcendental step on the road to a a safe, timely, affordable and respectful abortion. As a result of this ruling, a law for the voluntary interruption of pregnancy in cases of rape was debated, which, although it came into force, it did not comply with the standards established
in the ruling. Today we have a law restrictive in rights, which, moreover, arose from an imposition of the Executive and not precisely from parliamentary deliberation. So, in the future, it will have to be the citizens who will have to use the mechanisms to promote constitutional control before the Court.

Key Words
Abortion in case of rape, law project, sexual and reproductive rights, deliberation, the Executive, parliamentary deliberation