Abstract

OCHOA DIAZ, César Eduardo et al. The violation of the principle of sexual orientation and gender identity in Ecuadorian legislation. Universidad y Sociedad [online]. 2020, vol.12, n.5, pp. 263-268.  Epub Oct 02, 2020. ISSN 2218-3620.

From the beginning of society, when man was just beginning to interfere in social circles, he was already manifesting inappropriate behaviors that affected community living, which in time were criminal, punished according to the time and its seriousness; the places destined to house people who had to pay a sentence were machines of torture and immolation, being "prison a machine of torture that dates back 250 years". Initially, the prison was an establishment intended for the custody of prisoners; except in exceptional cases, convicted criminals were not confined to prisons but were subjected to corporal or pecuniary punishment. By making known the lack of respect for the sexual orientation and gender identity of persons deprived of their liberty, this investigation seeks to leave a socio-legal prelude that will raise awareness and allow the breaking of the defects that obstruct the free enjoyment of constitutional rights. Through the scientific and analytical method of a real story of a person deprived of liberty in the Social Rehabilitation Center of Riobamba, it will focus on constant abuses committed against transsexuals and homosexuals in prison centers, carefully handling the information gathered, as well as the identity of those who were part of this research project. This investigation creates conclusions in which it can be determined that the constitutional provisions.

Keywords : Prisoners; transsexualism; sexual orientation; gender identity; vexation.

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