Matrimonio igualitario en el Ecuador, desafíos pendientes en el marco del derecho civil

The main purpose of this study was to analyze the applicability of judgments 10-18-CN and 11-18-CN for the recognition and protection of the right of people from the LGBTIQ+ community to access same-sex marriage in Ecuador. In this case, the investigation seeks to determine what are the pending chal...

Täydet tiedot

Tallennettuna:
Bibliografiset tiedot
Päätekijä: Andrade Bajaña, Joyce Ninoska (author)
Aineistotyyppi: bachelorThesis
Kieli:spa
Julkaistu: 2023
Aiheet:
Linkit:http://repositorio.ulvr.edu.ec/handle/44000/6026
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Yhteenveto:The main purpose of this study was to analyze the applicability of judgments 10-18-CN and 11-18-CN for the recognition and protection of the right of people from the LGBTIQ+ community to access same-sex marriage in Ecuador. In this case, the investigation seeks to determine what are the pending challenges within the framework of civil law, to protect the rights of the people of this community. In order to obtain the information required to clarify the case, in the first instance a documentary review was carried out by means of which it was possible to establish the background of the study, as well as an in-depth analysis of the current legislation, the sentences and Advisory Opinion OC-24/17. Likewise, a comparative analysis was carried out to identify the main milestones that led to the approval of same-sex marriage in other countries of the region. On the other hand, to obtain primary information, a field study was carried out by applying surveys aimed at members of the LGBTIQ+ community and interviewing two practicing lawyers. The results allowed to establish that despite the progress made in the recognition of the rights of same-sex couples, the corresponding modifications have not yet been made on the articles declared unconstitutional after the sentences 10-18-CN and 11-18-CN. -CN issued by the Constitutional Court. In addition, there are still gaps that must be considered, such as the application of more rigorous sanctions to combat acts of discrimination and/or violence that could affect members of the group.