Abstract

RIOFRIO-COSTA, Marcela Geovanna; PEREZ YCAZA, Juan Carlos; SANTACRUZ VELEZ, María Auxiliadora  and  PINO ANDRADE, Edmundo Enrique. Educational and normative approach on the non-contractual liability of the state for the violation of the right to a humanized childbirth. Conrado [online]. 2023, vol.19, n.95, pp. 112-124.  Epub Dec 10, 2023. ISSN 1990-8644.

The article examines state responsibility in cases of violation of the right to humane childbirth, with an educational and normative emphasis. It focuses on article 10 (g) of the Law to Prevent and Eradicate Violence against Women, together with other laws in force. It is shown that medical actions and omissions lead to the extracontractual liability of the State, guarantor of integral health, especially of vulnerable groups. Through jurisprudential, normative, dogmatic and educational analysis, the legal basis, ethical implications and liability in specific cases are explored, addressing significant precedents. The absence of a specific criminal offense and relevant sanctions emerges as a challenge in the legal system. The results highlight the need for further study of the issue and propose reformist perspectives to ensure compliance with preventive regulations and safeguard women's rights. Public policies to promote prevention and specific criminal legislation to punish obstetric violence are advocated. The goal is to establish free, efficient and quality care for all women in Ecuador.

Keywords : Violence; Liability; Tort; Action; Omission.

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