Gender and Diversities: Constitutional Right to Identity in Childhood from a Deconstructivist Feminist Perspective

Abstract

 This academic article addresses how the Ecuadorian Constitution protects the right to gender identity for transgender individuals from its incorporation in 1997 (the decriminalization of homosexuality in Ecuador) to the present day, where specific legislation recognizes the change of gender instead of sex on identity documents, albeit with a still adult-centric approach. However, the perspective on the protection of the right to gender identity remains binary in that it only acknowledges men and women whose identities align with masculine or feminine bodies. Individuals who exist outside of this binary framework (including children and adolescents) are left unrecognized.

This study reflects on the question: What guarantees does the constitutional framework provide in Ecuador, and how is the right to gender identity for transgender individuals protected, regardless of their age? Despite having a robust legal and constitutional framework, its understanding remains adult-centric and cisgender.