World
LGBTQ Venezuelan migrants in Colombia struggle to survive
People with HIV again suffering from Kaposi’s sarcoma
BOGOTÁ, Colombia — Edgar García and his partner, Dannys Torres, on Oct. 3, 2018, used a canoe to cross the Arauca River that marks the Venezuela-Colombia border.
García was a member of the board of directors of Alianza Lambda de Venezuela, a Venezuelan LGBTQ rights group, before he fled Venezuela. Torres worked as a hairdresser in Caracas, the Venezuelan capital.
The couple now lives in Rafael Uribe Uribe, a working-class neighborhood in Bogotá, the Colombian capital.
Torres continues to work as a hairdresser. García most recently worked for a telecommunications company.
“We are settled here in Bogotá,” García told the Washington Blade on Sept. 21 during an interview with him and Torres that took place at a shopping mall near their home. “You have your life here.”
García and Torres are two of the more than 5.4 million Venezuelans who the Coordination Platform for Migrants and Refugees from Venezuela say have left their country as of November 2020 because of its ongoing economic and political crises.
Statistics from the Colombian government indicate there are currently more than 1.7 million Venezuelans in the country. More than 50 percent of them live in Bogotá and the departments of Norte de Santander, Atlántico and Antioquia.
Colombian President Iván Duque in February announced the country would legally recognize Venezuelan migrants who are registered with the government.
Sources in Colombia with whom the Blade has spoken say there are likely many more Venezuelan migrants in the country than official statistics indicate. Venezuelan migrants who are LGBTQ and/or living with HIV remain disproportionately vulnerable to discrimination and violence and often lack access to health care and formal employment.
A report the Red de Movilidad Humana LGBTI+—a network of advocacy groups in Venezuela, Colombia, Ecuador, Peru, Chile, Brazil, Argentina, Guatemala and Mexico—published with the support of the U.N. Refugee Agency notes sex trafficking and even death are among the myriad threats that LGBTQ migrants from Venezuela face once they enter Colombia. The report indicates they also face discrimination in shelters because of their sexual orientation and gender identity, sexual violence and a lack of access to the Colombian judicial system.
Trans woman left Venezuela ‘in search of a better quality of life’
Vanesa, a 25-year-old transgender woman from the Venezuelan city of Maracaibo, came to Colombia eight years ago “in search of a better quality of life.”
She told the Blade on Sept. 14 during an interview at Fundación de Atención Inclusiva, Social y Humana (FUVADIS)—an organization in Barranquilla, a city in Atlántico department that is near the mouth of the Magdalena River in northern Colombia, that serves Venezuelan migrants—she entered Colombia near Maicao, a city in La Guajira department via an informal border crossing known as a “trocha.” Vanesa said she was nearly kidnapped.
“The people who were standing on the sides (of the “trocha”) who ask you for money were supposedly security,” she said. “There was no security. They left me there because I was trans. They said a lot of ugly things. They assaulted me, including one (man) who was not going to let me go. They wanted me to kidnap me or have me there to do whatever they wanted to me.”
Vanesa said a woman helped her escape.
“The experience was horrible,” she said.
Vanesa traveled to Cartagena, a popular tourist destination that is less than two hours southwest of Barranquilla, and began to work at her friend’s hair salon. Vanesa told the Blade that her friend’s mother “never liked me because … she is a Christian.”
Vanesa now lives in Barranquilla and supports herself through video chats. Vanesa also competes in local beauty pageants and is able to send money to her mother in Venezuela.
“I work here,” she said. “I am relatively well off.”
Andy, a trans man from Venezuela’s Maracay state, left Venezuela four years ago with his partner and their daughter. Andy, like Vanesa, entered Colombia via a “trocha” near Maicao.
“I migrated because the situation was becoming worse and worse each day,” Andy told the Blade on Sept. 14 as he attended a workshop that Caribe Afirmativo, an LGBTQ group in northern Colombia, organized at a Barranquilla hotel.
Caribe Afirmativo has opened three “Casas Afirmativos” in Barranquilla, Maicao and Medellín that provide access to health care and other services to Venezuelan migrants who are LGBTQ and/or living with HIV/AIDS. Caribe Afirmativo also operates several “Casas de Paz” throughout northern Colombia that support the implementation of an LGBTQ-inclusive peace agreement between the government and the Revolutionary Armed Forces of Colombia that came into force in 2016.
Andy said his work in Venezuela allowed him to learn how “to sell whatever product,” but he told the Blade he struggled to find a job once he arrived in Colombia.
Andy told the Blade that he, his partner and their daughter now have stable housing in Barranquilla. Andy said he also has received a job offer in Medellín, the country’s second-largest city that is the capital of Antioquia department.
Jesús Gómez is a 33-year-old gay man from Venezuela’s Trujillo state in the Venezuelan Andes that are close to the country’s border with Colombia.
He previously worked with Venezuela Diversa, a Venezuelan LGBTQ advocacy group, and accepted a position with the municipality of Chacao that is part of Caracas. Gómez, whose mother was born in Colombia, also joined a student protest movement against the government.
Gómez fled to Colombia and is pursuing his asylum case with the help of UNHCR.
“I feel bad emotionally, but I am well-off compared to other people,” he told the Blade on Sept. 16 during an interview at a hotel in Cúcuta, a city in Norte de Santander department that is a few miles from the country’s border with Venezuela. “I am working to help other people who are in the same situation.”
Gómez in December is scheduled to graduate from nursing school. He also works with Fundación Censurados, a Cúcuta-based HIV/AIDS service organization that works with Venezuelan migrants, and has supported other organizations in the area that serve them.
FUVADIS Executive Director Luis Meneses, like Gómez, was an LGBTQ activist in Venezuela.
Meneses, who is from Venezuela’s Zulia state, in 2010 unsuccessfully ran for Venezuela’s National Assembly. Meneses in February 2018 fled to Colombia because of the “political persecution” he said he suffered.
“Discrimination and prejudice against me began when I came out to defend LGBTI rights,” Meneses told the Blade on Sept. 14 during an interview at his office.
Meneses in August 2018 launched FUVADIS, which receives support from groups that includes UNHCR and the International Organization for Migration. FUVADIS provides health care, antiretroviral drugs and a host of other services to Venezuelan migrants with HIV/AIDS and other populations that include sex workers. Vanessa and nearly 900 other FUVADIS clients are LGBTQ.
“We cannot work for the migrant population by only giving them humanitarian assistance,” said Meneses. “It’s also about guaranteeing access to their rights.”
Venezuelans with HIV/AIDS die because of lack of medications
The New York-based Aid for AIDS International estimates more than 10,000 Venezuelans with HIV have left the country in recent years. Activists and health care service providers in Venezuela with whom the Blade has spoken in recent years have said people with HIV/AIDS in the country have died because of a lack of antiretroviral drugs.
The Venezuelan government has also targeted HIV/AIDS service organizations.
Members of Venezuela’s General Directorate of Military Counterintelligence in January raided the offices of Azul Positivo, an HIV/AIDS service organization and arrested President Johan León Reyes and five other staff members. Venezuelan police on Feb. 15, 2019, raided the offices of Fundación Mavid, another HIV/AIDS service organization in Valencia, a city in Carabobo state, and arrested three staffers after they confiscated donated infant formula and medications for people with HIV/AIDS
Deyvi Galvis Vásquez, a doctor who is the manager of prevention and testing for AIDS Healthcare Foundation Colombia on Sept. 17 during an interview at AHF’s Cúcuta clinic showed the Blade pictures of Venezuelans with HIV/AIDS in Colombia who had cases of Kaposi’s sarcoma.
“The conditions are of extreme vulnerability,” said Galvis.
Andrés Cardona, director of Fundación Ancla, a Medellín-based group that works with migrants and other vulnerable groups, during a Sept. 13 interview with the Blade in his office echoed Galvis. Cardona added stigma specifically against Venezuelans with HIV/AIDS is one of the myriad issues he and his colleagues confront.
“The issue of the elimination of HIV also implies not only an issue of communication and prevention, but also an issue of effective attention,” said Cardona. “We have our conservative culture, an idea that the Venezuelans who are coming are going to give us HIV.”
“This is totally discriminatory,” he added.
Cardona, like those inside Venezuela with whom the Blade has spoken, said there are no services in the country for people with HIV/AIDS.
“There are many Venezuelan migrants with HIV who enter Colombia, because they are going to die if they don’t,” he said.
AHF operates clinics throughout Colombia
AHF operates other facilities in Bogotá and in the cities of Bucaramanga, Yopal, Valledupar and Ríohacha. The organization, along with the Colombian Red Cross and the government of Santander department, in March began to distribute condoms, food and water and offer rapid HIV tests to Venezuelan migrants who travel through Páramo de Berlín, a high plateau in the Colombian Andes through which a highway between Cúcuta and Bucaramanga passes.
AHF, among other things, offers migrants rapid HIV and syphilis tests and counseling for people who test positive. AHF also provides lab tests, formula for children of mothers with HIV and health care with an “interdisciplinary health care team.”
AHF Colombia Country Program Manager Liliana Andrade Forero and AHF Colombia Data Manager Sandra Avila Mira on Sept. 20 noted to the Blade during an interview at AHF’s Bogotá clinic that upwards of 2,000 migrants currently receive care from the organization. They also pointed out that 1,952 of them are taking antiretroviral drugs the Brazilian government donates.
Galvis noted to the Blade that many of AHF’s patients also have access to mental health care and social workers.
“AHF’s policy is to reach out to everyone,” he said.
Pandemic has made migrants even more vulnerable
Galvis, Fundación Censurados Director Juan Carlos Archila and other Colombian HIV/AIDS service providers with whom the Blade spoke say the pandemic has made Venezuelan migrants with HIV/AIDS in the country even more vulnerable.
Lockdowns prevented sex workers and others who work in the informal economy from earning money. A “pico y género” rule implemented by Bogotá Mayor Claudia López that allowed women to leave their homes on even days and men to leave their homes on odd days sparked criticism among trans activists.
Archila, who is a nurse, on Sept. 16 told the Blade during an interview at a Cúcuta hotel the pandemic has also left Censurados in a precarious situation.
“We endured practically two years with the doors closed, with expenses increasing,” he said. “The need of people who come to us for the issue of HIV remains, and yet we are all trying to cope with the situation.”
Andrade noted AHF’s Bogotá was closed for several months at the beginning of the pandemic because of the city’s strict lockdown.
The pandemic also forced FUVADIS to close its offices in March 2020, but Meneses told the Blade the organization was able to see a handful of patients at a time. He said “basic humanitarian assistance” that included hygiene kits and food were among the things that FUVADIS was able to provide its patients during the pandemic.
“Understanding how the situation for the LGBTI community, people with HIV, the migrant population and the refugee population is, we could not allow (our services) to shut down,” Meneses told the Blade.
Russia
Russian neocolonial politics promote anti-LGBTQ imperialistic values
Influence seen in neighboring countries
The idea that Western colonialism spread queerphobia around the globe is not something new for American millennials and Gen Z. It is well known among them that the British Empire brought “anti-sodomy” laws to some African countries, such as Uganda and Nigeria, as well as to South Asia.
But very few modern American and British people know the history of Russian colonialism, and the way Russian neocolonial politics is ruining the lives of queer people right now, in real time. It’s happening all across Eastern Europe, the Northern Caucasus, and Central Asia. Throughout these regions, the Kremlin promotes imperialistic values that include direct discrimination against queer people.
Let’s start with the most obvious example and move toward the less known ones.
In modern-day Ukraine, LGBTQ rights have become more visible and widely discussed than before the Revolution of Dignity. Even during the war, Ukraine has taken some steps forward in recognizing LGBTQ rights. For example, in 2025 the Desnianskyi District Court of Kyiv for the first time recognized a same-sex couple married abroad as legally married, and in 2026 the Supreme Court made a similar decision. LGBTQ people openly serve in the Ukrainian military.
But the situation with LGBTQ rights in Russian-occupied Crimea and Donbas is completely different.
Ukrainian LGBTQ citizens are persecuted by Russian military forces. Materials with positive LGBTQ representation are banned because of Russia’s “anti-propaganda” laws. Transgender people cannot access gender-affirming therapy. According to people currently living in occupied Donbas, LGBTQ teenagers have been subjected to conversion therapy after being taken from supportive families and sent to Russia.
Russia is not shy about this policy. The war against LGBTQ people — and Ukraine’s growing openness toward LGBTQ rights — has been used as one of the official justifications for Russia’s attack on Ukraine. Russian politicians have repeated this narrative, and so has the leader of the largest Russian Christian church closely connected to the government. In 2022 the head of the Russian Orthodox Church openly claimed that the war in Ukraine was happening because people in Donbas did not want gay pride parades. The claim is absurd. First and foremost, people in Donbas do not want to be bombed — and I say this as someone who was born there.
This blatant Russian attempt to destroy LGBTQ rights on foreign land did not start in Ukraine, just as Russian colonialism itself did not start there. The Soviet Union was famous for criminalizing homosexuality.
When the Soviet Union collapsed in 1991, Soviet republics gained independence, including the Chechen Republic of Ichkeria. Chechen people had many grievances against the Kremlin, including the genocide committed against Chechen and Ingush people by Joseph Stalin in 1944. There was also resentment over the Soviet attempt to erase Chechen identity. Despite Chechens having a completely different culture, language group, and traditions from Slavic Russia, Ukraine, and Belarus, the Soviet government tried to assimilate them and make them more “Slavic.”
In the new Russia that emerged after the Soviet collapse, Chechens struggled to rent apartments in Moscow and were frequently ridiculed for being Muslim. Racial slurs like “black-assed” were commonly used against Chechen students in Russia. In 1994, Russia decided to “civilize” independent Chechnya and launched an unprovoked attack, only to lose the war to this small Muslim nation of fewer than one million people in 1997. When Vladimir Putin came to power, he built his popularity partly by launching the Second Chechen War and occupying Chechnya.
Today Chechnya is ruled by Ramzan Kadyrov, an extremely unpopular leader imposed on the region through pressure and blackmail from the Russian military. It was under Kadyrov that the infamous purge of gay people — described in David France’s HBO documentary “Welcome to Chechnya” — began. But the documentary failed to explain the broader context. As many Chechen activists and ordinary people told me — people who refused to give their names to a foreign LGBT outlet because of the risks to themselves and their relatives — Chechen society has never been explicitly queerphobic. Chechens are proud of having traditions of democracy dating back to the Middle Ages and of respecting individual freedom and family rights.
This is exactly where discussions about sexuality traditionally belong in Chechen social norms: inside the family. Family is almost sacred to Chechens. Every Chechen knows seven generations of their paternal ancestors and stays in contact with uncles, aunts, and cousins. Later, Russia weaponized these family structures by blackmailing and torturing even distant relatives of activists.
For generations, matters of sex were considered private family affairs that the state — an independent Chechen state — should never interfere with. This does not mean Chechnya was especially LGBTQ-friendly. Parents and siblings may be queerphobic — or may not — and society would not question it. But police, commenting on private sexual relationships? This is an abomination!
This is exactly what the Russian occupational authorities introduced. They turned the private into the public, kidnapping and torturing queer people as part of a wider colonial campaign of repression. It was never just about gay people. The authorities also targeted people who subscribed to opposition channels online, spoke against the Kremlin, wore the “wrong” clothes or the “wrong” kind of beard, or listened to prohibited music.
It was never just about gay people. In occupied Chechnya, it has always been about colonial control. Moreover, as my Chechen respondents pointed out, “Welcome to Chechnya” tells the story largely from the perspective of Russian LGBTQ activists. Some of them also have colonial ways of viewing the Northern Caucasus. This is why the film “forgets” to mention that many gay people who were rescued by activists left Chechnya with the active help of their own parents and siblings.
Another example of Russian interference in predominantly Muslim nations can be seen in Kazakhstan, one of the largest countries in Central Asia. In the West, it is not widely known that Kazakh people living in Slavic regions of Russia face everyday discrimination. They are often targets of anti-immigrant hatred similar to the way Mexicans are treated in the United States. In everyday life they are frequently called “churkas,” an extremely derogatory racist slur roughly comparable to the English N-word. When I lived in Russia, almost everyone I knew — even progressive people — used this word from time to time against Kazakh immigrants.
Despite all of that, the Kazakh government has aligned itself closely with the Kremlin. Late last year, the Kazakh parliament adopted an anti-LGBTQ law similar to the Russian one. The law followed earlier bans in Kyrgyzstan in 2023 and Georgia in 2024 and prohibits the dissemination of information about “non-traditional sexual orientation,” affecting culture, education, advertising, media, and cinema.
Critics called these laws a “copycat” of Russian policy and part of Moscow’s colonial influence.
“Are we an independent and sovereign republic, or are we a colony of the Russian Federation?” prominent Kazakh LGBTQ activist and feminist Zhanar Sekerbayeva asked during a press conference.
“As an educated and intelligent woman … I cannot understand why lawmakers allow themselves to violate the fundamental law of the constitution,” she said.
It was therefore not surprising that in February 2026 a criminal case was opened against Sekerbayeva for allegedly “promoting LGBT” during a peaceful gathering at the “French Café.” The real reason, however, is more likely not just her LGBTQ activism but her opposition to pro-Russian politicians.
In Georgia, pro-Russian political movements similarly weaponized anti-LGBTQ conspiracies to mobilize opposition against the European Union. These movements falsely claim that Brussels demands “LGBT propaganda” and threatens “traditional family values.”
This conspiracy narrative has even been supported by Belarus’s dictator Alexander Lukashenko, who said he is “scared for Georgia” because Europe allegedly promotes LGBTQ rights there. Of course, Belarus itself has no meaningful legal protections for LGBTQ people — and it is unlikely to develop them while its leadership is protected by the Kremlin.
The list could continue. In Moldova, another post-Soviet country, the last widely promoted study of schooling has shown that LGBTQ teenagers are among the most vulnerable students in schools, facing bullying from peers, parents, and even teachers. Once again, pro-Russian politicians in Moldova actively use anti-LGBTQ rhetoric that contributes to this hostile environment.
Of course, Russia is not the single reason for queerphobia in post-Soviet countries. There are many other factors, from everyday stereotypes to the influence of American fundamentalist groups on local conservative movements. But Russia remains the main force preventing these countries from developing independent LGBTQ policies. Local queerphobia is a target audience for Russia, and anti-LGBTQ narratives have become an inseparable part of Russian neo-colonial politics.
Federal Government
Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House
Andry Hernández Romero had asked for asylum in US
A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.
Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.
The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”
President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.
Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.
Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.
“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.”
Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.
Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.
‘Due process and accountability cannot be optional’
Immigrant Defenders Law Center on Friday also made the following demands:
- The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released.
- The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.
- DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.
- DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.
- Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.
“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.”
“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.”
Ecuador
Adolescentes trans en Ecuador podrán cambiar datos en su cédula, pero con condicionamientos
Pueden modificar el campo de género en su documento de identidad con requisitos
Por VICTOR H. CARREÑO | En una sentencia del 5 de febrero de 2026, la Corte Constitucional declaró inconstitucional el requisito legal de mayoría de edad para modificar el campo de sexo o género en la cédula de identidad y fija lineamientos para que adolescentes trans puedan cambiar estos datos.
El máximo organismo de control e interpretación constitucional incorpora dos requerimientos: que la persona adolescente se presente al procedimiento administrativo con sus padres y que informes psicosociales acrediten un grado de madurez.
El fallo resuelve una consulta de constitucionalidad de una unidad judicial que lleva una acción de protección contra el Registro Civil presentada por la familia de un adolescente trans que solicitó, en junio de 2023, modificar el campo de género en la cédula.
La institución se negó porque la Ley Orgánica de Gestión de la Identidad y Datos Civiles establece que la rectificación de sexo o género es un procedimiento para personas mayores de 18 años.
El adolescente, cuya identidad se protege en la sentencia, cuenta con el apoyo de sus padres en su transición, que inició en 2020. En una audiencia, su madre expuso que si bien en el ámbito familiar y en el sistema educativo se respeta la identidad de su hijo, fuera de estos hay situaciones, como en consultas médicas en el Seguro Social, en que debe presentar la cédula de él y quienes la reciben preguntan si es el documento equivocado.
En el desarrollo de la sentencia, la Corte expone por qué el requisito de tener mayoría de edad para acceder a la modificación de datos en la cédula es inconstitucional.
Entre varios motivos, explica que restringe los derechos al libre desarrollo de la personalidad e identidad, que la edad no puede exigirse como “criterio determinante y único” para determinar la madurez de un adolescente, y que la medida puede generar impactos negativos en el bienestar psicológico y emocional.
Por ello, indica que existen mecanismos alternativos como la evaluación individualizada, el acompañamiento técnico y la consideración del contexto familiar.
En ese sentido, la Corte dispone al Registro Civil que debe proceder al cambio de los datos de adolescentes trans cuando acudan acompañades de sus representantes legales y con el respaldo de informes psicosociales.
Estos informes, agrega la sentencia, deben ser de profesionales acreditados o de órganos técnicos públicos competentes que sean considerados por el Registro Civil.
El fallo tiene efectos para este caso y otros similares. A diferencia de otras sentencias, la Corte no ordena una reforma a la legislación.
La organización Silueta X, que difundió el caso en un comunicado el 11 de marzo, calificó el fallo como histórico y explicó que este crea jurisprudencia de cumplimiento obligatorio.
🏳️⚧️🌈Un chico trans de 15 años le dijo al Estado ecuatoriano “yo sé quién soy”. Y la Corte Constitucional le dio la razón. 🏛️✊
Este fallo es nuestro. Es tuyo.
🔗 Lee la comunicado completa en nuestra bio.#DerechosTransEcuador #SiluetaX #CorteConstitucional #AdolescentesTrans pic.twitter.com/aXE4FU9VeS
— Asociación SILUETA 'X' (@SiluetaX) March 11, 2026
Sin embargo, otras organizaciones cuestionan los requisitos. Fundación Pakta indica que si bien la sentencia derriba la barrera etaria de la mayoría de edad, la inclusión de informes psicosociales contradice la tendencia global y regional hacia la despatologización.
Pakta menciona, por ejemplo, la Opinión Consultiva 24/17 de la Corte Interamericana de Derechos Humanos, instrumento que reconoce la identidad autopercebida de las personas y los derechos patrimoniales de parejas del mismo sexo.
El documento, recuerda Pakta en un comunicado, establece que para el reconocimiento de la identidad de género no se debe exigir certificados médicos ni psicológicos. Además, que la Organización Mundial de la Salud reconoció que la identidad trans no es una patología psiquiátrica.
Mientras que la activista Nua Fuentes, de Proyecto Transgénero, considera que los requisitos impuestos por la Corte pueden ser problemáticos. Menciona que frente al desconocimiento y prejuicios, profesionales de salud patologizan la identidad trans.
La Sentencia 4-24-CN/26 sobre la inconstitucionalidad de negar a adolescentes trans cambio de su sexo o género en la cédula es un acto que entreabre la puerta para los derechos, pero también sostiene algunas barreras y es problemático para adolescentes trans #Ecuador
Abro hilo🧵 pic.twitter.com/aKBUlmnU1A— Nua Elizabeth Fuentes Aguirre (@NuaEliz) March 11, 2026
Además, señala que puede haber casos de que la familia y psicólogos expresen rechazo a la identidad trans y limiten los derechos de adolescentes trans. O también menciona casos de abandono de niñes y adolescentes trans y pregunta cómo reconocer su identidad si no cumplen con el requisito de acudir sin representantes legales.
Los condicionamientos para el cambio del campo de sexo o género en la cédula para adolescentes trans marcan también una diferencia con el procedimiento en personas trans de más de 18 años, pues estas —desde las reformas vigentes en 2024— no deben presentar requisitos. Solo su declaración expresa de ser una persona trans que desea que los datos de su cédula estén conformes a su identidad de género.
La madurez de niñeces y adolescencias ha sido un tema abordado en convenciones o instrumentos internacionales. La Convención sobre los Derechos del Niño de la ONU del 2009 es contundente al reconocerles como seres autónomos y capaces de formar sus propias opiniones a través de la experiencia, el entorno, las expectativas sociales y culturales.
Esta convención es mencionada en una sentencia de la Corte Constitucional en que reconoció la identidad de infancias y adolescencias trans en el sistema educativo.
En las Observaciones Generales del Comité de los Derechos del Niño, documentos de interpretación para los alcances de la mencionada Convención, se explica que la madurez es “la capacidad de comprender y evaluar las consecuencias de un asunto determinado”, lo cual debe considerarse en relación con su capacidad individual, contextos, entornos, experiencias de vida y familiar, desarrollo psicológico y no únicamente con su edad biológica.
Además, que la edad cronológica no determina la evolución de las capacidades de las niñeces y adolescencias porque estas crecen a lo largo del tiempo.
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