Miscarriage: cases of unfair incrimination reveal weaknesses in the criminalization of abortion

Abstract

The article examines the historical, religious and legal context of abortion, highlighting its criminalization in Ecuador and its impact on women's health and rights. Subsequently, it addresses the injustice of criminalization derived from a situation of spontaneous abortion and proposes to evaluate the theoretical elements that should be considered to avoid the issuance of sentences to women who experience this condition. To this end, the methodology employed focused on the analysis of representative cases. The cases analyzed include Sara, Marta, Paola and Maribel, who suffered unjust detentions and cruel treatment in the judicial system due to medical complications or situations of gender violence. The findings reveal a pattern of discrimination and stigmatization against low-income women and marginalized communities and conclude that the criminalization of abortion increases risks to women's health and lives, perpetuating gender-based violence and inequality. This ultimately highlights the urgent need to reform abortion laws and policies in Ecuador to protect human rights and promote gender equality.