La garantía jurisdiccional de HÁBEAS CORPUS en favor de las mujeres embarazadas privadas de libertad y de las hijas o hijos que está por nacer o con hijos recién nacidos en Argentina, Brasil y Ecuador.

Abstract

Pregnant and imprisoned women according to Article 35 of the Constitution of the Republic deserve special attention because they belong to vulnerable groups, the pregnant and imprisoned women are doubly vulnerable. Likewise, the best interests of the unborn child prevail, which according to Article 44, paragraph 1 of the Constitution, prevail over those of other people. Consequently, a woman in these conditions, in no case, should remain in a Social Rehabilitation Center, because this threatens her life, her integrity, her health and the life of the unborn, which is why the legislation both international and national consecrate house arrest to give birth, using the affected the action of habeas corpus, which in other countries is widely granted, however in Ecuador there have been inconveniences to grant it by curtailing the right of women to have their children outside prisons, which has led those affected to present extraordinary protection actions against the second instance ruling that denied their habeas corpus. In Ecuador, although a favorable sentence was handed down in the extraordinary action for protection with reparations to the plaintiff, while it was being processed, the woman remained in jail and gave birth in said facility, recovering her freedom once the sentence was completed. At present This paper makes a comparison with Argentine and Brazilian legislation where habeas corpus is immediately granted to pregnant mothers deprived of liberty.