Abstract

PAREDES ERAZO, Gissela Cristina  and  NUNEZ AVILA, María Dolores. Equal marriage in the light of the American Convention: Analysis of the Advisory Opinion OC-24/17 in the Ecuadorian legal framework. Foro [online]. 2019, n.32, pp.61-81. ISSN 2631-2484.  https://doi.org/10.32719/26312484.2019.32.4.

In recent years, the framework of International Human Rights Law has advanced in the protection and claim of the rights of the persons LGBTI; This is the case of the Advisory Opinion OC-24/17, it represents a significant step forward in acknowled ging of the rights of equality and non-discrimination for the LGBTI community. In a landmark decision, the Court declared that the American Convention on Human Rights protects rights as the change of name and the rectification of public records and identity documents to conform to a person’s gender identity. Furthermore, the Inter-American Court of Human Rights extended all existing legal mechanisms, including the marriage to same-sex couples. This resolution has involved a series of approaches both against and in favor of its implementation in the domestic le gislation of the States parties, as in the administrative processes of registry change. The objective of this article is to analyze the content of the advisory opinion with regard to equal marriage in the context of the Constitution of Ecuador, as of the obligations assumed by the state in the framework of the international community.

Keywords : Inter-American Court of Human Rights- Opinion OC-24/17- Equal ma rriage- Discrimination- Equality-Sexual Orientation.

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