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What's life like for LGBTQ people in Ecuador?

02/10/2021 07:59

What’s life like for LGBTQ people in Ecuador? Let’s take a look at some of the key equality indicators.

Is homosexuality legal in Ecuador?

Yes. Same-sex sexual activity has been legal in Ecuador since 1997 when a court decision overturned the relevant provisions of the country’s penal code.

The age of consent is 14, regardless of sexuality.

Are there anti-discrimination protections in place for LGBTQ people in Ecuador?

Yes. Anti-discrimination provisions that protected people from discrimination on the grounds of sexuality was implemented in 1998.

Is there Marriage Equality in Ecuador?

Yes. Ecuador has legalised same-sex marriage through a decision of the country’s Constitutional Court.

In 2008, the constitution of Ecuador was amended to specifically limit marriage to being between a man and a woman. Separate provisions were made for same-sex couples in relationships – effectively legalising civil unions for same-sex couples, but excluding them from marriage.

This was challenged in court a number of time, but extra impetus was received with the 2018 ruling by the Inter-American Court of Human Rights (IACHR) which declared that the American Convention on Human Rights mandates and requires the recognition of same-sex marriage. The ruling was fully binding on Costa Rica and set a binding precedent for other Latin American and Caribbean countries – including Ecuador.

A further case was brought before Ecuador’s Constitutional Court, and the decision handed down in 2019 ruled in favour of same-sex marriage, making it legal throughout Ecuador.

What’s life like for LGBTQ people in Ecuador?

Although Ecuador has been a socially conservative country, with the Catholic church playing a strong role in shaping public opinion, a visible and vibrant LGBTQ community has developed in the main cities.

Homophobia can still be encountered, often linked to the macho culture of Latin America.

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