Cambio de género en niños, niñas y adolescentes frente al interés superior del niño a la luz del derecho comparado

Gender identity in children and adolescents has emerged as one of the most sensitive and complex issues in contemporary legal and social circles. In Ecuador, current legislation, such as the Organic Law on Identity and Civil Data Management, allows gender change in the civil registry only for adults, and also for minors seeking recognition of their gender identity, as long as they are with their legal guardian or guardian. At the medical level, there are also no clear protocols regulating access to hormonal or gender-affirming treatments for minors. This absence of specific regulations creates legal uncertainty and a protection gap for the rights of transgender children and adolescents. Using a comparative law perspective, this paper will analyze how other legislations, such as Argentina's, have integrated legal mechanisms that allow trans children and adolescents to exercise their right to gender recognition. Through this comparison, the aim is to highlight the existing regulatory gaps in the Ecuadorian legal system and reflect on the urgent need for inclusive reforms that guarantee comprehensive development free from discrimination. Furthermore, this problem is exacerbated by cultural and social factors, such as prejudice and a lack of awareness about gender diversity issues. This not only limits legal recognition but also impacts the mental health and emotional development of minors, who often face family rejection, school discrimination, and social exclusion.

• 1. Verfasser: Nogales Freire, Jesús Alejandro (author)
• Format: bachelorThesis
• Sprache: spa
• Veröffentlicht: 2025
• Schlagworte: LEY ORGÁNICA; DATOS CIVILES; TRANSGÉNEROS
• Online Zugang: https://dspace.uniandes.edu.ec/handle/123456789/19571