Abstract

CUEVA FLORES, Jorge Luis  and  EGUIGUREN EGUIGUREN, Carmen Avelina. The Right to Life and Health of Abandoned Neonates in Ecuador. Ius Humani [online]. 2019, vol.8, pp.143-168. ISSN 1390-7794.  https://doi.org/10.31207/ih.v8i0.207.

The abandonment of newborns is a worldwide problem that should stir social and legal reflection, in order to obtain protection of the newborn. Ecuador is not an exception and every year multiple newborn abandonments are reported in alarming conditions. About methodology, we use here an analysis based on realistic cases to show the vulnerability of abandoned infants and the experience of State sponsored baby hatches for their reception. This problem is analyzed with the following order: after an introduction, we see the right to life and care regarding newborns’ abandonment. Next Chapter is about the legal and institutional obligations of the State with respect to the child. Then we see the State foster care, the legal viability in Ecuador to establish baby hatches in order to deliver babies in safe conditions, and, at last, the conclusions. This exploratory study seeks the viability of replicating the State baby hatches project to deliver babies in safe conditions, in Ecuador, in order to protect life and integrity of the child, that is constitutionally protected. For this purpose, decriminalization of infants’ abandonment in safe conditions is needed.

Keywords : Abandonment; Foster Care; Babyklappes; Newborn; Life.

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