Normativa en torno al tratamiento de la mujer embarazada : tema penal.

Abstract

Through the application of alternative measures to imprisonment in Ecuador, it is possible to preserve the welfare of both pregnant women and their children. Mainly, when it comes to house arrest, which gives her the opportunity to coexist with her child, spend breastfeeding time in her care, in addition to the fact that biologically speaking, children should remain with their mother at least the first two years of life, otherwise their neurological, motor and even psychological and emotional functions are compromised. So it is necessary, the arrest at home instead of maintaining a prison sentence for pregnant women. This measure is based on article 537 of the COIP, which is confronted by the unconstitutionality of article 536 of the COIP, since it states that in case of recidivism the application of the alternative measure to prison is not allowed. This may affect the position of a pregnant woman with a criminal record, and this is unfair because she would be forced to remain locked up in prison without the conditions, food or basic care for the development of her baby and for the attention and care that it requires during the first months of life.