Citas bibligráficas
Quico, K., (2024). La despenalización del aborto en los casos de violación sexual en menores de edad en la legislación peruana, 2021. [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/6959
Quico, K., La despenalización del aborto en los casos de violación sexual en menores de edad en la legislación peruana, 2021. []. PE: Universidad Andina del Cusco; 2024. https://hdl.handle.net/20.500.12557/6959
@misc{renati/959208,
title = "La despenalización del aborto en los casos de violación sexual en menores de edad en la legislación peruana, 2021.",
author = "Quico Lipa, Korayma Yamelith",
publisher = "Universidad Andina del Cusco",
year = "2024"
}
The decriminalization of abortion in cases of sexual assault involving minors is a contentious issue, revolving around the rights of minors, their physical and mental health, as well as the legal and ethical imperatives faced by the State in addressing this problem. In Peru, the criminalization of abortion in most cases, including those resulting from sexual assault, has sparked debates about the need to reform laws to ensure minors' access to safe and adequate reproductive health services. The present research aimed to determine the legal and factual foundations for the decriminalization of abortion in cases of sexual assault involving minors in Peruvian legislation. The hypothesis posited was that, in the Peruvian legal context, the decriminalization of abortion in such cases is justified both legally and factually. Legally, it is based on the right to health and physical and mental integrity recognized in national legislation and international human rights treaties ratified by Peru. These treaties establish the State's obligation to guarantee access to adequate health services and protect the most vulnerable groups, such as minors. Additionally, international jurisprudence supports the coherence of decriminalizing abortion in these cases with human rights standards. Factually, medical evidence confirms that minors impregnated as a result of sexual assault face significant risks to their physical and mental health, including severe medical complications and mental health issues. The research adopted a qualitative, dogmatic legal approach, employing data collection techniques such as document analysis and expert interviews. The hypothesis was verified, leading to the conclusion that the legal foundations for decriminalizing abortion in cases of sexual assault involving minors in Peruvian legislation are supported by both national legal frameworks and international human rights treaties ratified by Peru. These foundations are based on the recognition of minors' rights to health, physical and mental integrity, and dignity, as well as the State's obligation to protect the most vulnerable groups. The factual foundations relate to the significant health risks faced by minors impregnated as a result of sexual assault.
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