Guayaquil, Ecuador – The Silueta X Association is celebrating a significant legal advancement after the Constitutional Court issued a ruling on the non-compliance of previous legal mandates concerning gender identity rights for Trans people and assisted reproduction access for same-sex couples. The ruling reaffirms the necessity of legislative action to fully recognize the rights of Trans individuals and homoparental families in Ecuador.
The Legal Action and Partial Victory
The decision, Sentence 66-18-IS/24, dated July 6, 2024, specifically addresses the legislative body’s failure to adequately comply with two prior Constitutional Court rulings: Sentence 133-17-SEP-CC (regarding the change of sex marker on the national ID card for Trans people) and Sentence 184-18-SEP-CC (on medical procedures for assisted reproduction for same-sex couples).
The Court found that the legislature had tardily complied with the provision for the change of sex marker (a right actively driven by the #SexoEnLaCedula campaign) but that non-compliance remains regarding assisted reproduction access.
The ruling partially accepts the Action for Non-Compliance (Acción de Incumplimiento) filed by Diane Marie Rodríguez Zambrano on behalf of the Silueta X Association on December 17, 2021.
New Deadlines Issued to State Bodies
As a result of the Action, the Constitutional Court has imposed new deadlines on state institutions:
- The Ombudsman’s Office (Defensoría del Pueblo) has been granted a three-month period to present a draft bill addressing the outstanding legislation.
- The National Assembly has been given ten months to fully comply with the legal mandates related to assisted reproduction access for same-sex couples.
Silueta X Demands Collaboration and Fulfillment
Silueta X reiterated its commitment to the rights of Trans people and homoparental families, particularly emphasizing the need to see the veto on the relevant legislation repealed and a law passed that guarantees the right to assisted reproduction for all families.
The organization explicitly requested that the Ombudsman’s Office and other institutions involved in the mandated deadlines convene Silueta X to participate in drafting the new bill.
“We are confident that, through joint efforts by civil society, the State, and international organizations, we can achieve the full recognition of the rights of all people, regardless of their gender identity or sexual orientation,” the Association stated in its release dated July 8, 2024.
Silueta X thanked the legal support provided by Consultorio RE & Asociados and Masapanta&Cadena Law Firm.
