Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The constitution includes the principle of nondiscrimination and the right to decide one’s sexual orientation. The law also prohibits hate crimes. Although the law prohibits discrimination based on sexual orientation, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons continued to suffer discrimination from both public and private entities, particularly in education, employment, and access to health care. LGBTI organizations reported transgender persons suffered more discrimination because they were more visible.
A June 12 Constitutional Court decision to legalize same-sex marriage went into effect on July 8. The ruling also mandated that same-sex couples be able to marry in Ecuadorian consulates and other diplomatic offices worldwide as long as one partner was an Ecuadorian citizen. The court rewrote Article 81 of the civil code and ordered the National Assembly to reform secondary laws as soon as possible to include equal treatment of same-sex couples.
The government, led by the Ombudsman’s Office, was generally responsive to concerns raised by the LGBTI community. Nevertheless, LGBTI groups claimed police and prosecutors did not thoroughly investigate deaths of LGBTI individuals, including when there was suspicion that the killing was motivated by anti-LGBTI bias.
LGBTI persons continued to report that the government sometimes denied their right of equal access to formal education. LGBTI students, particularly transgender students, sometimes were discouraged from attending classes (particularly in higher education). LGBTI students, particularly transgender individuals, were more susceptible to bullying in schools, and human rights activists argued the Ministry of Education and school administrators were slow to respond to complaints. LGBTI persons involved in the commercial sex trade reported abusive situations, extortion, and mistreatment by security forces.
On July 30, an LGBTI nonprofit organization reported a transgender minor was denied enrollment at 15 schools under her chosen name and gender in 2017. The minor’s parents filed a lawsuit requesting that officials allow her to change her name and gender on identity documents to end discrimination against her. The Office of the Civil Registry allowed changes on her identity card in November 2018. The nonprofit Equidad reported the parents then filed an inquiry with the Constitutional Court to determine the age transgender underage individuals may change their identity information. A court decision on the inquiry was pending as of October 29. The law prohibits LGBTI persons younger than 18 to change gender on their identity documents, even with parental consent.
LGBTI organizations and the government continued to report that private treatment centers confined LGBTI persons against their will to “cure” or “dehomosexualize” them, although such treatment is illegal. The clinics reportedly used cruel treatments, including rape, in an attempt to change LGBTI persons’ sexual orientation.