El cuidado como un derecho en la constitución del 2008, análisis de la sentencia Nº. 3-19-JP/20 y acumulados de la Corte Constitucional del Ecuador.

Abstract

The present study was made with the objective of determining the importance of the care mandate, from the Constitutional law. For this, the historical parameters related to the right to care were reviewed from theory and doctrine, the right to care was identified in the 2008 Constitution and its central nucleus, and Sentence No. 3-19-JP / 20 was analyzed. of the Constitutional Court of Ecuador in relation to the care and its application by the judges of violence, in the city of Cuenca. The study was documentary and bibliographic that was made from a qualitative approach that was based on theoretical deepening and content analysis and jusrisprudential, had a descriptive scope and used the observation guide as an instrument of information treatment. Among the conclusions, it stands out that care is a multidimensional right that requires the participation of the State, society and the individual; Therefore, there is a prevailing need to reformulate the legal norms in relation to care so that it is more equitable between men and women. Therefore, it is suggested that the decisions made by the Constitutional Court of Ecuador in favor of a reformulation of the laws on care as a right from a gender perspective be complied with.