Derecho a la identidad de género de las niñas, niños y adolescentes en los colegios de Cayambe, Ecuador

Abstract

This interdisciplinary article aims to identify the various legal problems surrounding the right to gender identity faced by children and adolescents in secondary education environments in the Cayambe canton - Pichincha’s province. The study is based on a legal analysis of the protection and guarantees to the exercise of constitutional rights in reference to gender identity. This study will start from the factual understanding of the diverse realities of oppression suffered by children and adolescents in high schools; due to the hegemonic configuration of gender identity, of the excluding majority systems that ignore and annul the construction of identity and expression from diversity. This analysis was carried out through a legal dogmatic study, as well as field observation that allowed us to critically build the foundations to propose inclusive and efficient results, in the absence of legal instruments focused on the right of gender identity for secondary education institutions. Although educational institutions seek to transform educational units into safe and protective zones, there is still a lack of adequate guidelines between internal norms and Ministry of Education guidelines, and there is no monitoring or control mechanism to verify compliance with the parameters of diversity and intersectionality.