Legal Gender Identity Recognition for Trans People

Analysis to the Regulations of the Modification of the "Sex" Field by the "Gender" Field on the Identity Document in Ecuador

Authors

  • Johanna Egas Universidad San Francisco de Quito USFQ (Quito, Ecuador)

DOI:

https://doi.org/10.18272/lr.v4i1.985

Keywords:

Gender Identity, Organic Law of Identity Management and Civil Data, trans, heteronormativity, binarism, sex, gender

Abstract

The legal recognition of the gender identity that regulates the change of the "sex" field by the "gender" field in the Identity Document, is recognized for the first time in the legislative history of Ecuador in the Ley Orgánica de Gestión de la Identidad y Datos Civiles. Because of it, this Law has been considered an important milestone for the assertion of the rights of trans people. However, due to the hetero-normative, cisnormative and binary system rooted in Ecuadorian legislation, this law establishes restrictive and invasive regulations that pathologize identities that differ from what is considered traditionally "normal", thus violating the rights of these people. Therefore, these regulations must be analyzed in regard to the international human rights treaties and the Constitution of the Republic of Ecuador.

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Author Biography

Johanna Egas, Universidad San Francisco de Quito USFQ (Quito, Ecuador)

Abogada Universidad San Francisco de Quito

Published

2017-09-01

How to Cite

Egas, Johanna. “Legal Gender Identity Recognition for Trans People: Analysis to the Regulations of the Modification of the "Sex" Field by the ‘Gender’ Field on the Identity Document in Ecuador”. USFQ Law Review, vol. 4, no. 1, Sept. 2017, pp. 67-85, doi:10.18272/lr.v4i1.985.

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Section

Papers