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Guayaquil, January 3, 2024.- A constitutional court in Ecuador declared in November 2023 that the Ministry of Women and Human Rights (MMDH) and a contractor of the institution violated the rights of an LGBTIQ trainer. However, the MMDH has not yet complied with the court order to offer a public apology to the worker. The sentences are immediate despite the fact that the defendant appeals.
The trainer, a transgender man with a pregnant body, was separated by the contractor based on his claims on August 28, 2023. That same day he informed the highest authority of the Ministry of Women and Human Rights about the facts. for which it was separated. He included the harassment that he had been subjected to, due to his constant complaints. Because the MMDH did not respond, he filed a protective action with the court in October 2023, alleging that he had been discriminated against because of his sexual orientation and gender identity.
The constitutional court accepted the protection action presented and declared that the contractor violated his rights to equality and non-discrimination, and, furthermore, that the MMDH violated the constitutional right to petition of the LGBTIQ trainer.
The court ordered the contractor to offer a public apology. He also ordered the MMDH to offer a public apology to the trainer and provide him with psychological support.
According to the affected person, who is also an activist, the MMDH has not complied with the order to offer a public apology, since he has not witnessed any publication about the sentence, nor has the MMDH informed him directly. He even indicated on his social networks that he hoped to meet with the minister through a request made on November 30, however, they delegated it to the legal department and virtually. In contrast, the minister of President Daniel Noboa’s new government has held face-to-face meetings with LGBTIQ activists who appear not to be critical.
The trainer expressed his concern about the failure to comply with the judicial resolution and pointed out that the lack of compliance with the constitutional ruling would represent a setback in the fight against discrimination for reasons of sexual orientation and gender identity in Ecuador.
The non-compliance with the judicial resolution by the MMDH highlights the need for the institution to adopt measures to guarantee the rights of LGBTIQ people and with greater emphasis on trans and/or transmasculine men.
This case is also a reminder that LGBTIQ people continue to be victims of discrimination in some Ecuadorian institutions.
Ecuador is a country that has made progress in protecting the rights of LGBTIQ people. In 2019, the Constitutional Court of Ecuador declared that same-sex marriage is constitutional.
The National Assembly approved the recognition of the registration mention “sex” on the identity card. The Silueta
However, cases of discrimination, violence and even murders for reasons of sexual orientation and gender identity still persist in the country, according to the Runa Sipiy Report, which records these cases year after year.
Issuer: Silueta X Association
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