Browsing by Author "Cárdenas Palma, Mercedes Fabián"

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    Los delitos sexuales y el derecho a la intimidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Cárdenas Palma, Mercedes Fabián; Altamirano Dávila, Carlos Fabián
    Currently there is a significant number of cases in which publications and disclosures of videos or photographs with sexual content are made in which the person who participates in them has not agreed to be recorded, published or disseminated, which is why there is a affectation of the rights of the person, mainly in regard to sexual freedom and the right to privacy. Despite the fact that people have not consented to the recording or the publication and dissemination of these videos or photographs, and their rights being affected, they have been unable to exercise any legal action, since currently the Organic Comprehensive Criminal Code does not it considers it an offense for the sole reason that the person has participated in them, which generates impunity and affects rights, which is prohibited by the Constitution of the Republic. he fact that, at present, there is no criminal offense within the Comprehensive Organic Criminal Code, which sanctions the recording, dissemination or publication of sexual videos of people without their prior authorization, constitutes an affectation of the right to guardianship effective, so that it generates impunity; For this reason, state measures must be taken to remedy this situation in order to protect the rights effectively as prescribed by the Ecuadorian Constitution.