El derecho a la identidad de las personas intersexuales en el Ecuador, dentro de un Estado constitucional de derechos.

Abstract

This research article aims to analyze the intersex people Right in Ecuador, a constitutional state of rights, it is important to take into consideration that intersex people have the condition of not being part of the male or female sex. They see the obligation to renounce their non-binary identity to access the right to identity; however with the entry into force of the Constitution of the Republic of Ecuador (CRE) in 2008, the Ecuadorian State had a transcendence in the recognition of a wide catalog of rights that includes minorities which have been ignored in a heteropatriarchal legal order. In addition to this contribution, in 2019 the Constitutional Court, through the judgment 11-18 CN, approved equal civil marriage and determined that Advisory Opinion 24/17 is mandatory and immediate compliance by the State. However, this binding instrument has not been fully complied with, since the aforementioned advisory opinion determined that the OAS member states must eradicate any form of discrimination and must guarantee the enjoyment of the right to identity of intersex people. As the main result of this research, it was found that the Ecuadorian State must duly apply the constitutional block and approve public policies that regulate non-consensual sex change surgeries and that administratively it is not necessary to register the sex in intersex people’s identity documents.