Abstract

GARCIA ALARCON, Ruth Elizabeth. Breastfeeding: guaranteed right in the Ecuadorian law system. An approach from the gender perspective and the integral child protection doctrine. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2019, vol.49, n.131, pp.327-360.  Epub Mar 26, 2020. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v49n131.a05.

Breastfeeding has been recognized as a right in Ecuador in accordance with the international human rights framework. Despite the efforts to promote it, discriminatory situations persist against those entitled to it. The right deserves specific protection on account of its characteristics, but on the pretext of this, the responsibility of it cannot be exclusively demanded from the breastfeeding mother. She needs to be empowered and informed in order to decide, but also the State, as a rights guarantor, and the society in general, must contribute to the full realization of the right to breastfeed. It is essential to combine the human rights approach, the gender category, and the integral child protection doctrine's principles when analyzing the right to breastfeed. All of it in order to guarantee both the effective enjoyment as well as the respect for the autonomy of those who wish and decide to breastfeed. There is no contradiction between the exercise of the right and the responsibility for its effective protection.

Keywords : Right to breastfeed; gender; integral child protection doctrine; human rights; women rights.

        · abstract in Spanish | Portuguese | French     · text in Spanish     · Spanish ( pdf )