Progressive autonomy and comprehensive protection in the recognition of gender identity of children in Ecuador

Abstract

This study analyzed the application of the principle of progressive autonomy and the comprehensive protection approach in the recognition of the gender identity of children and adolescents in the Ecuadorian context. The objective was to examine the legal scope of these principles based on the national and international regulatory framework, as well as constitutional and inter-American jurisprudence, in order to identify tensions, gaps, and relevant interpretative criteria. Methodologically, a qualitative legal-doctrinal approach was employed, based on the systematic analysis of norms, international human rights instruments, specialized doctrine, and relevant judicial decisions. The results showed that, although the Ecuadorian legal system formally recognizes the principle of progressive autonomy and the right to identity, limitations persist in its practical application, especially in the educational and administrative spheres. Furthermore, a jurisprudential evolution was identified that strengthens the recognition of gender identity as a human right, in accordance with international standards. However, regulatory gaps and institutional resistance still exist, hindering its full implementation. It is concluded that effectively guaranteeing the right to gender identity for children and adolescents requires a comprehensive and progressive interpretation of the principles analyzed, as well as strengthening public policies, institutional guidelines, and training processes to ensure their effective application in all areas of the State