La discriminación de jure del artículo 67 de la Constitución de la República del Ecuador

Abstract

The adoption of the Constitution of Montecristi in 2008 brought many challenges for implementation of the rights recognized. In this context, the Constitution guarantees a wide range of rights for the LGBTI community and their life projects. Despite of this new catalog of rights, they still represent gender stereotypes from the patriarchal view of society and especially of the family; so, this phenomenon will be discussed as the origin and cause of the discrimination of the Constitution to equal marriage. There for, the Constitution protects an individual basis of sexual orientation and gender identity, however when people try to exercise their sexual rights from a family perspective, the Constitution introduced a restrictions in the last paragraph of Article 67 for same sex marriage right. In this context, this paper comprehensively interprets the principle of equality and non-discrimination contained in the Constitution that protects the LGBTI population, realizing the jure discrimination against same sex marriage.