CEU Electronic Theses and Dissertations, 2021
Author | Patino Carreno, Carla |
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Title | Effects In The Health Services Of Abortion Regarding The Different Paths To Decriminalise It: Constitutional Courts, Legislative Change Or Referendum |
Summary | The criminalization of abortion is still a reality around the world. However, some countries in Latin America and other parts of the world have managed to implement different strategies for the decriminalization of abortion. This thesis argues that abortion is an issue of human rights and discusses what said rights involve, to then pose the question of which strategy would be the most appropriate to achieve decriminalization, improve health services, and protect the rights of women in the specific case of Ecuador. To answer this question, three case studies are presented analysing three different countries—Uruguay, Ireland, and Colombia—and the strategies they implemented to achieve the goal of decriminalization—by changing the law, by referendum, and by Constitutional Court. The analysis allows for the establishment of general conclusions regarding the process of decriminalization in different political, historical, and social contexts, always from a perspective of the defence of fundamental women’s rights. Furthermore, the thesis analyses the contemporary situation regarding abortion in Ecuador, including statistics and a historical overview that sheds light on how women’s rights continue to be impacted by criminalization. Finally, based on the lessons learned from the three case studies and the social, legal, political and historical context of the country, a path towards the decriminalization of abortion in Ecuador is proposed. |
Supervisor | Möschel Mathias Ph.D. |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2021/patino-carreno_carla.pdf |
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