Incongruencia constitucional sobre la prohibición de adopción a las parejas del mismo sexo.

Abstract

This thesis relates the inconsistency within the Constitution of Ecuador that violates enshrined rights such as equality and non-discrimination, the best interest of the child, and the right to a family, which are found within the same regulations and international treaties to which our country is a signatory. This not only affects same-sex couples and minors who are in a state of adoption hoping to find a new family. In the adoption process is important to provide a family that meets the three main characteristics required to guarantee minors can have a better life. However, even though our Constitution recognizes the different types of families, it also prohibits same-sex couples from adopting. Based on that statement it would discriminate directly against same-sex couples on the basis of their sexual orientation and also would create a barrier to children being adopted by homoparental families. In Ecuador, the rights in favor of same-sex couples have been approved mostly through the courts since there is a lack of initiative on the part of legislators who have ignored the requests of the Constitutional Court to make the necessary changes in the current law.