bachelorThesis
El matrimonio igualitario en el Ecuador: avance o retroceso, en cuanto a su regulación
Fecha
2023-05-24Autor
Celi Quezada, Byron Gabriel
Institución
Resumen
According to the article 81 of Ecuadorian Civil Code and article 52 of the Organic Law for the
Management of the Identity and Civil Data (LOGIDC), before its reforms in the year 2019,
marriage in Ecuador was celebrated only between a man and a woman, a bond that still find
guaranteed in the Ecuadorian Constitution of 2008 in its article 67. Of this way, to speak of
equal marriage was not possible, due to the common-law union, a figure recognized in the
Magna Carta from 2008, guaranteed the union between same-sex couples, as well as, the
union between heterosexual couples, what did it generate rejection among LGBTI minority
groups. In June 2019, Ecuador welcomed a new concept of marriage, and recognized Equal
Marriage through the issuance of two Constitutional sentences, in which contain a strong
analysis about the Advisory Opinion OC-24/17 issued by the IDH Court, as the body
responsible for the analysis of the American Convention of Human Rights, and which
approved marriage between same couples; it is worth mentioning, the analysis of the
Ecuadorian internal regulations, that avoided a Constitutional reform in its Article 67. Thus,
the struggle of LGBTI minority groups, in relation to the recognition of their right to can access
to marriage as any normal couple, today it´s found duly recognized in Article 81 of the
Ecuadorian Civil Code like in Article 52 of the Organic Law of Management of the Identity and
Civil Data.