Analysis on the legal recognition of gender identity in Ecuador. Your need for reform

Abstract

Introduction: In Ecuador in 2016 the "Organic Law of Identity Management and Civil Data" came into force, this law set a precedent as a starting point for the claim of the human rights of the LGBTI group; however, due to the heteronormative system present in our legislation, this law contains regulations that violate the rights of these people. since it only recognizes identities that is considered normal. Objectives: In the present study, the current regulations were analyzed with the need to carry out a partial reform to the Organic Law of Management of Identity and Civil Data of Ecuador, in addition, the Constitution of the Republic of Ecuador, international Treaties, Ecuadorian Legislation, Legal Doctrine in what refers to the legal guarantee of the LGBTI group with a comparative study between Ecuadorian and Argentine legislation in the recognition of the gender identity of the LGBTI group. Methodology: The research developed includes a mixed approach: qualitative and quantitative, qualitative based on the review of information, the quantitative focused on surveys of representatives of LGTBI groups in the Sierra Region of Ecuador. Finally, the depth ranges from a descriptive-explanatory method, until concluding with the inductive-deductive one. Results: With the tabulation of the surveys, the struggle of LGTBI groups, as well as the effort of the States to guarantee their connection with society, is still difficult, which is why to try to reduce this discrimination gap to mark a milestone in the Ecuadorian country. Conclusions: The results of this study justify the need for a partial reform of the organic law for the management of identity and civil data, as it is discriminatory at the time of recognition of the LGBTI group. General study area: Social Sciences. Specific area of ​​study: Human rights.