La aprobación de la adopción homoparental en el estado ecuatoriano referente a la opinión consultiva

Abstract

The current Constitution of the sovereign state of Ecuador, published in 2008, includes a wide plethora of human rights and guarantees. This document recognizes the direct and immediate application of some international legal instruments, such as the Advisory Opinion OC-24/17. That instrument has been recognized as a binding pronouncement for guarantee equality and non-discrimination to the LGBTI (lesbian, gay, bisexual, and transgender) community, according to sentence 11-18-CN/19 issued by the Constitutional Court of Ecuador. However, the Ecuador Constitution in its article 68 subsection 2 determines that adoption is a premier legal institution for heterosexual couples. This research thesis aims to assess the responsibility of the Ecuadorian State in the approval of the same-sex couples’ adoption, based on the Advisory Opinion OC-24/17. This thesis applied qualitative focus methodology to collect primary and secondary sources, combined with interviews focused on experts. This analysis concludes that the Ecuadorian Government must approve the same-sex couples adoption, based on recognizing the OC-24/17 binding force, which calls for the legalization of legal institutions, such as adoption to facilitate the exercise of the fundamental human right to form and establish a family.