Translated from Spanish to English - www.onlinedoctranslator.

com

San Francisco University of Quito

Homosexuality in Ecuador

Homosexuality in Ecuador is one of the topics that has generated extensive debate and

reflection within society in recent years. As the homosexual community has increased in

Ecuador, both the acceptance and recognition of LGBTI rights open points of view at a legal,

social and religious level.

First, from a legal point of view until the end of 1997 in Ecuador, homosexuality was

considered a criminal offense punishable by imprisonment. Well, that's how the 1970 penal

code mentioned it in art. 516, paragraph one“In cases of homosexuality, which do not

constitute rape, the two couriers will be punished with imprisonment of more than four to

eight years.”.According to this article, consensual relationships between people of the same

gender should be punished with deprivation of liberty. Likewise, article 516 had an

ambiguous context, since it is not clearly defined what acts of homosexuality refer to.

Therefore, the police used this section as a legal basis for the persecution and repression of

people who did not comply with the standards of the heterosexual gender. Thus, those who

were not within the framework of heteronormality and did not respect heterosexuality were

sanctioned, violated, discriminated against and rejected by society.

However, after the unfortunate events that occurred in June 1997 after the police raid

on the Abanicos bar, a process began that marked a before and after for the

community.LGBTIQ+Ecuador. In November of the same year, after several mobilizations by

the communityLGBTI The decriminalization of article 516 was achieved. Likewise, this

historical milestone allowed the development and guarantee of other rights in the future. For

example, in 2008 the Ecuadorian constitution recognized the constitutional protection of

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people LGBTIQ+ and, likewise, I rule on equality and non-discrimination of people with

different gender identities. Similarly, in 2019, the Constitutional Council of Ecuador

legalized marriage between people of the same sex (Quintana et al, 2014. pp.54-61). Based

on the above, it can be argued that the decriminalization of homosexuality contributed to the

formation of the constitutional state of people's rights.LGBTIQ+. So that, The Ecuadorian

state currently accepts each individual on equal terms regardless of gender or sexual

orientation. In this way, these advances have allowed the people of the community to

strengthen their rights and continue fighting for equality as an essential basis of democracy,

where each person can enjoy the same rights without any type of exclusion.

Second, from a social point of view, in the 80s and 90s Ecuador went through a

violent time. During this period, institutions of police origin persecuted and repressed the

country's minority groups, such as activists, students, indigenous people, and community

people LGBTI. According to Viteri et al, 2021 “"It was a common practice in Ecuador to

physically and psychologically mistreat non-normative people by the police" (par.3).

Although it is true, throughout these years there was normalized violence, therefore, despite

the constant complaints of mistreatment, torture, homicides and disappearances of gays,

transsexuals, transvestites, there was no evidence of rejection of these violent measures by

Ecuadorian society. Furthermore, violations of the rights of non-heterosexual people only

generated indifference, since that it was certainly considered that the harmed individuals were

not victims, but on the contrary were people who deserved said mistreatment due to their

sexual orientation.

However, currently people with different gender identities are socially accepted and

this is protected by the current constitution, but Ecuadorian culture still maintains

heterosexist thinking which indicates that both gender identity, as well as sexual orientation,

are of a biological nature so that only men and women should exist. Given this, it can be

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mentioned that in Ecuador a conservative culture persists where patriarchy is the fundamental

axis of society and that, for this reason, it can still be mentioned that Ecuador is not a country

that is completely tolerant of people. with a different gender identity or sexual inclination.

However, new generations can create and maintain a culture of respect, tolerance, protection

and protection of rights for all people, and, in this way, an inclusive society can be built that

can provide each human being with equal treatment. worthy.

Third, from a religious point of view, Ecuador is called a secular country, that is, as a

state neutral before any religious practice. However, this is far from the truth because

Ecuador is a country where most of its inhabitants profess the Catholic and Christian religion.

This is mentioned in the INEC statistical data from 2012. So, despite trying to show itself as

an impartial state, it is clearly still a country influenced by the church. Therefore,

homosexuality from a religious point of view is considered a sin, which causes the people

who make up the group LGBTI are marginalized and discriminated against by the church.

Finally, even though the church does not have a good point of view on homosexuality,

the progress made by the community LGBTI, they allow us to ratify the diversity, inclusion,

and freedom of people in general. With this, we can mention that the advances regarding the

new laws have positively influenced Ecuadorian society. Therefore, it has been possible to

achieve the inclusion of the community in the programs and plans of the Ecuadorian state,

this being the result of the hard work of the people of the community. LGBTIQ+.

Reference

Penal Code (1970). Political Constitution of Ecuador of 1970

Viteri, Ma., Ugalde, Ma. and Benavides, H. (2021). Dignity and decolonization in the

LGBTQI struggle in Ecuador. Nacla

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Quintana, Y., Pimentel, J. and Bravo, R. (2014). Balance and operations of the human rights

of LGBTI people in Ecuador after the decriminalization of homosexuality. The

Telegraph