El Derecho a la Libertad Sexual y su Incidencia en el Desarrollo Integral de los Niños, Niñas Y Adolescentes: Análisis de la Sentencia No 13-18 Cn/21

Abstract

The decision of Constitutional Ruling No. 13-18 CN/21, which allows minors under 14 years of age to consent to sexual relations, has generated debate and concern as to whether they have the necessary knowledge about their sexual freedom and whether this could jeopardize their rights and integral development. This study focuses on children and adolescents, who are considered a priority group according to the Constitution of Ecuador. The judgment establishes an exception for those over 14 years of age who can consent a sexual act, which raises possible violations of their rights and development. The impact of this research falls on Ecuadorian society, which is governed by a constitution that guarantees rights, especially for minors between 14 and 17 years of age. The research topic raises the dichotomy between integral development and sexual freedom, considering the lack of appropriate maturity in such a young person to consent sexual relations. Constitutional Ruling No. 13-18 CN/21 allows those over 14 years of age to consent sexual relations, which could avoid possible penalties for adolescent offenders, but on the other hand opens the possibility that there may be more impunity in sexual crimes involving minors since they can vitiate their consent through power relations, blackmail or by buying their testimony.