World
Out in the World: LGBTQ news from Europe and Asia
German lawmakers on Friday passed a transgender rights bill
MONACO

Monaco’s top court struck down two lower court rulings that would have required the tiny Mediterranean principality to recognize foreign same-sex marriages, in a ruling that has not yet been published.
The case centered around a binational Monegasque-American same-sex couple who married in Grand Rapids, Mich., in August 2019 while residents in that state. When they returned to Monaco the following year, the government refused to record them in the state register of marriages.
“Although valid, this union cannot be transcribed in the marriage register in view of its manifest contrariety with Monegasque public order characterized by the constitutional principle according to which the Catholic, Apostolic and Roman religion is the state religion,” stated a letter from the Public Prosecutor’s Office in a letter to the Civil Registrar on the matter.
The letter goes on to invite the couple to instead form a cohabitation contract, which has been available to same-sex couples in Monaco as a form of civil union since 2020.
The couple rejected that offer and appealed to the attorney general, who again refused to recognize the marriage, so the couple took their case to court.
In March 2022, the court of first instance ruled in the couple’s favor, citing the presumption in international private law that marriages validly concluded in one country are generally recognized in any country. The court also found that the same-sex marriages are not contrary to the public order simply because Catholicism is the state religion, and that the cohabitation agreements are inadequate to protect the family rights of married couples.
The prosecutor general quickly appealed the decision, but the Court of Appeal once again ruled in September 2023 in the couple’s favor. The court also found that the state’s offer that the couple could protect their rights through a cohabitation agreement to be impractical, as the cohabitation law specifically says that agreements are unavailable to anyone who is already married.
Still, the government appealed the decision to the Court of Revision, Monaco’s highest court dealing with administrative matters. That court finally ruled that the government is not obliged to record same-sex marriages, striking down the previous two rulings.
LGBTQ rights have long been a contentious issue in the tiny city-state of approximately 39,000. While there are no local LGBTQ advocacy organizations, the state has been pushed to enhance the legal rights of its queer citizens by its larger European neighbors.
Monaco was one of the last states in Western Europe to offer legal recognition to same-sex couples through the 2020 Cohabitation Agreement Bill, which came about largely because Monaco recognized it was in violation of the European Convention on Human Rights, which courts have interpreted as requiring states to give equal recognition to same-sex couples.
Still, the cohabitation agreement is explicitly unequal to marriage. Couples in cohabitation agreements are not considered families and can even include siblings or other relatives. They don’t enjoy equal treatment in terms of taxation or inheritance, can’t choose a common surname and can’t adopt and cohabitation with a Monegasque citizen doesn’t entitle a partner to residency rights the way marriage does.
Monaco also lacks any anti-discrimination protections for LGBTQ people, and transgender people are not allowed to change their legal gender.
ITALY

During a press briefing Friday at the conference “For a Young Europe: Demographic Transition, Environment, Future,” Italian Prime Minister Giorgia Meloni took aim at the practice of surrogacy which is already illegal in Italy saying the practice is “inhuman.”
The prime minister’s party recently introduced legislation in the Italian Parliament that would further criminalize the act by hiking fines from €600,000 to €1 million ($640,290 to $1,067,150) and increasing jail terms from three months up to two years.
“I continue to believe that surrogacy is an inhuman practice,” Meloni said. “I support the bill that makes it a universal crime,” she added.
Last week Pope Francis issued a papal document, the 20-page Dignitas infinita, which stated that surrogacy “violates” both the dignity of the child and the woman, who “becomes a mere means subservient to the arbitrary gain or desire of others.” The document also declared gender-affirming surgery to be a grave violation of human dignity.
CNN reported that the move to criminalize surrogacy is largely seen as a move against the LGBTQ community. Italy was the last European country to legalize same sex unions, which it did in 2016 but does not allow gay couples to be “married,” in line with the Catholic Church.
Under Meloni’s government, birth certificates were changed to list “mother” and “father” rather than “parent 1” and “parent 2.” In 2023 some communities where her Brothers of Italy leads the government, names of lesbian mothers were removed from birth certificates.
CZECH REPUBLIC

The Czech Senate began consideration of bill that would enhance the rights of people in same-sex civil partnerships this week, continuing a tense legislative process that has seen pro-and anti-LGBTQ groups lobbying lawmakers to make changes to the bill.
The civil partnership bill passed through the lower house of parliament in February. It was a compromise after a bill that would have allowed same-sex marriage couldn’t get enough support to pass.
The bill makes registered partnerships, which have been legal in the Czech Republic since 2005, equivalent to marriage in all matters except adoption. Same-sex couples will have the right to stepchild adoption only — couples will not be allowed to jointly adopt.
Some senators have presented amendments to the bill that would allow same-sex marriage and full joint adoption, but some legislators think this strategy is risky — any amendments would send the bill back to the lower house, where it’s not clear they could pass.
On the other hand, some senators are pushing amendments that would water down the bill further, by eliminating adoption entirely.
Leading up to the senate debate, LGBTQ advocates were sanguine about the prospects of getting everything they want.
“Together with the majority of Czech society, we sent a clear message to our legislators: Only the institute of equal marriage will ensure equal legal protection, social security and family stability for all couples and families with children,” wrote Lucia Zachariášová a lawyer who works with the LGBTQ advocacy organization Jsme Fér in an open letter to legislators this week.
“However, the partnership can at this moment fulfill a promise repeated so much that if it is not a question of marriage, there will be no problem to accept such a solution. It is important to repeat again: it will help especially families with children to have a little more restful sleep,” she writes.
So far, three senate committees have examined the bill, recommending either that the Senate pass the bill as is or simply not debate it. In the Czech system, if the Senate doesn’t address a bill passed by the House, it is sent to the president to be signed into law anyway. The president is expected to sign the bill, as he campaigned for full marriage equality.
One more committee is set to examine the bill next week before it’s scheduled for debate on the senate floor April 17.
If the Senate rejects a bill, or passes it with an amendment, it returns to the lower house, where deputies can either accept the amendment or reaffirm the bill with the support of an absolute majority or 101 votes. The bill originally passed through the lower Chamber of Deputies with 118 votes in favor.
While Czech LGBTQ people are disappointed by the lack of progress on marriage equality, they’re also anxious to get the bill passed, as it would still offer a great improvement to the legal rights of many same-sex couples and their children.
“The House is not expected to improve the amendment. On the contrary, there is a fear that the situation could worsen or that everything would fall under the table,” Jsme Fér said of the progress on the bill in a post on X. “[Senators] fear a debate that might not be dignified for hundreds of thousands of LGBT people, and after six years of debates in the House of Representatives, everything important has already been said.”
GERMANY

The German Parliament on Friday voted 374-251 to pass a new law allowing trans people to change their legal gender by a simple administrative procedure, replacing outdated requirements from the 1980s for declarations of support from doctors and other invasive procedures.
The new law also imposes hefty fines of up to €10,000 ($10,658.85) on anyone intentionally disclosing a trans person’s previous name or gender for a harmful purpose. The law allows exceptions in cases where disclosure would be a legal requirement, for example in a court proceeding or a police investigation.
Under the new law, trans people may change their legal gender to male, female or “diverse” — a third-gender option already available under German law. Applicants can also request that no gender details be recorded at all. Trans people will simply file a request, and then appear in person at a registry office three months later to make the change official.
The new law is open to people over 18. Those between 14 and 17 will need a parent’s permission to file the application, while those under 14 will require parents to file the application on their behalf.
Applicants are limited to one name and gender change within 12 months. The law also allows the government to suspend applications to change legal gender from male to female or diverse made up to two months before a national emergency is declared.
The law continues to allow operators of women-only spaces, such as gyms or changing rooms, to decide on their own who is allowed to access them.
German Chancellor Olaf Scholz said the law was about showing respect to gender-diverse people.
“We show respect to trans, intersex and non-binary people — without taking anything away from others. This is how we continue to drive the modernization of our country. This includes recognizing realities of life and making them possible by law,” Scholz wrote in a statement on X.
The law was part of the governing agreement made by the current governing coalition. The upper house of parliament does not need to vote on the bill. The law will come into effect in November.
Under the 1980 Transsexuals Law, trans people were required to get two expert reports from doctors attesting that the applicant will not be likely to want to return to their previous legal gender. These reports often required trans people to undergo invasive psychological and physical examinations and would add months of delay and average additional costs of up to €2000 (approximately $2,130.)
The Constitutional Court struck down a requirement that trans people have sex reassignment surgery and be sterilized in 2011. The same court required the government to create a non-binary option for intersex people in 2017, which the government did a year later.
Germany’s coalition government, in place since September 2021, has promised to introduce several pro-LGBTQ policies, including creating a hate crime law, amending the Basic Law to ban discrimination based on sexual identity, and automatic parenthood recognition for same-sex parents.
UNITED KINGDOM

A government-commissioned review of gender care services for trans youth in England and Wales has sparked an outcry from trans activists who say that the review discounted decades of research showing the value of gender care treatment to reach a conclusion that care should be restricted for youth.
The “Cass Review” was commissioned by the National Health Service England in 2020 to examine gender care services for young people following reports showing a large increase in the number of youth accessing care at the now-closed Gender Identity Development Service. The Review was led by Dr. Hilary Cass, a former president of the Royal College of Pediatrics and Child Health.
The disputed report concluded that there isn’t good scientific evidence to support most forms of gender care, including puberty blockers, hormone therapy or social transition.
“While a considerable amount of research has been published in this field, systematic evidence reviews demonstrated the poor quality of the published studies, meaning there is not a reliable evidence base upon which to make clinical decisions, or for children and their families to make informed choices,” reads an excerpt of the report’s executive summary.
But trans advocates criticized that conclusion, pointing out that Cass held existing studies of gender care to an impossible standard. Her report discounted any study that wasn’t based on double-blind trials, which they say would not be possible or ethical.
“The Cass Review dismisses a very large number of studies and omits studies from the past two years. Hence, it neglects a vast amount of evidence on the benefits of gender affirming medical treatment for trans youth in its analysis,” writes Dr. Hane Maung of the trans healthcare service GenderGP.
“For many medical interventions, including gender affirming medical treatment for trans youth, randomized controlled trials are unfeasible and unethical, because the consequences of not intervening would be very apparent to the participants and also would be unacceptably harmful,” he says.
The Cass Review urges caution in treatment for trans youth, including a new recommendation that medical consultations be undertaken before youth are allowed to socially transition — a major expansion of the medicalization of gender identity. Some trans activists also noticed that the review suggests increased surveillance of trans care through age 25, suspecting this implies further restricting care into adulthood.
The day the Cass Review was published, NHS England announced it would be launching a review of adult gender care, alleging whistleblower complaints.
The Guardian reports that Cass also advised the government to be cautious with the proposed ban on conversion therapy, which the government has put under review, but which is unlikely to be introduced before an election is held. Cass reportedly urged the minister responsible to ensure that doctors providing gender care are insulated from accusations of conversion practices, claiming that doctors are already afraid to take a more cautious approach to providing treatment.
The Cass Review has already made waves across the UK, with transphobic author JK Rowling claiming that it vindicates her years-long anti-trans campaigning, and claiming she would “never forgive” “Harry Potter” stars Daniel Radcliffe and Emma Watson for supporting trans rights.
Prime Minister Rishi Sunak endorsed the report’s findings.
“We care above all about the wellbeing of children and it’s clear that these things are not neutral acts, whether that’s social transitioning, any kind of medical intervention, we simply do not know the long-term effects of these things,” he says. “And that’s why anyone involved in considering these issues, of course, has to treat people with sensitivity and compassion, but also have to be extremely cautious when it comes to taking any action.”
The opposition Labour Party, which is expected to win national elections later this year, has already said it would implement all of the Cass Review recommendations when in government. Labour’s shadow minister for health told the Sun that he no longer stood by the statement that “trans women are women” in the wake of the review.
The NHS Scotland and NHS Wales, which hold devolved responsibility for care in those countries, said they were reviewing Cass’ findings.
BELARUS

The government of Belarus issued a decree this week declaring that depictions of LGBTQ people may be considered illegal pornography, whether or not sexual acts are depicted.
The Culture Ministry amended a decree on “erotic materials” to include homosexuality or transgender as “non-traditional sexual relationship or behavior,” equivalent to necrophilia, pedophilia, and voyeurism.
That may mean that depictions of LGBTQ people are considered pornography. Under Belarussian law, production, distribution and public displays of pornography are punishable with up to 4 years in prison, or up to 13 years for child pornography.
Using these new definitions, an innocuous picture of a same-sex couple with their child, or a picture of a trans child, or a picture of two same-sex teens on a date, could all be considered child pornography.
According to Human Rights Watch, it is not yet clear how the government plans to interpret and enforce the new decree.
Belarus is one of the least free countries in Europe according to the human rights advocacy group Freedom House. Often considered a client state of neighboring Russia, Belarus tends to follow its larger neighbor culturally and politically. The country has bene governed by President Alexander Lukashenko since 1994, with political dissidents routinely jailed and media heavily censored.
LGBTQ Belarusians lack any protections from discrimination, and anti-LGBTQ violence is common. Officials have floated introducing a Russia-style “gay propaganda” law over the years, but one has never been formally enacted.
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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