Trans Children’s Rights as a Rupture of the Biologicist Paradigm of Human Nature: The Violation of Trans Children’s Rights in Ecuador, in the Amada Case

Abstract

This study examines the human rights violations faced by transgender children in Ecuador, particularly resulting from legal gaps concerning the correction of name, sex, or gender on official documents. The lack of regulations allowing these changes for underage children creates a significant gap in protecting the gender identity of transgender kids. The main aim of this research is to assess how legislative gaps impact the rights of transgender girls, using the case of Amada as a case study to demonstrate the practical and legal consequences of this regulatory deficiency. A qualitative methodology involved document analysis and a comprehensive review of existing regulations, court records, and national and international judgments. The results underscore that legislative omissions hinder the correction of personal data for transgender children, even after the provision of legal assurances. It is concluded that urgent reform of Ecuadorian legislation is imperative to enable the correction of name, sex, or gender on official documents for children. Such reform is crucial to ensure the protection of the rights and gender identity of transgender children, aligning with international human rights norms.