Ecuador: Will the court listen to trans children?

Amada, a trans girl, was nine years old when her legal battle with the state of Ecuador began. Her case sheds light on the challenges faced by trans children and their families in living according to their identity. 

The term "trans” refers to individuals whose gender identity—how they feel and perceive themselves—does not align with the sex assigned to them at birth. In Amada’s case, she was registered as male at birth but expressed from an early age that she was a girl. With the support of her parents, she requested that her official documents reflect her name and self-perceived gender, a key step toward being treated with respect and avoiding discrimination.

Ecuador’s Civil Registry denied her request. The authorities argued that the Law on Identity and Civil Data Management does not allow minors to make such changes. This rejection forced Amada and her family to embark on a legal battle to protect her right to identity, a right widely recognized in international treaties such as the Convention on the Rights of the Child. 

Recognizing the broader implications of this case, we at Outright International submitted an amicus brief in January 2025 to Ecuador’s Constitutional Court, emphasizing the urgent need to uphold the rights of trans children.

Denying Amada and other trans children access to legal recognition of their lived gender, we argued, violates principles enshrined in Ecuador’s constitution and international human rights law. The lack of inclusive policies perpetuates discrimination, isolates children within vital spaces like schools, and imposes undue burdens on families seeking to support their children. By sharing global best practices and referencing international legal standards, such as the Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights, we advocated for accessible administrative procedures that respect the progressive autonomy of trans children.

Why is it so important to allow trans children access to legal recognition? First, gender identity often manifests early in life, as in Amada’s case, where she began expressing herself as a girl at the age of five. A child’s gender identity often develops between the ages of two and four, by which time the child has a firm establishment of who they are. Being able to live in accordance with this identity, not only at home but also in school and the broader community, is essential for their emotional, social, and psychological development. Additionally, legal recognition of their identity prevents situations where official documents contradict their reality, which can lead to rejection, bullying, barriers to accessing essential opportunities like education, and, in extreme cases, incidents of grievous violence.

While critics of self-identification and the rights of trans children often raise concerns about the potential for misuse or question the maturity of children to make such decisions, these arguments lack substantial evidence. For instance, in Argentina, where minors have been legally allowed to change their name and gender on official documents for over a decade, no cases of misuse or harm resulting from this policy have been reported. On the contrary, the legislation has shown how legal recognition empowers trans children and supports their well-being without causing disruption. Since its enactment, over 1,500 minors have benefited from this law. The law respects principles such as the child’s best interest and progressive autonomy, acknowledging that decisions should be based on the child’s maturity rather than arbitrary age limits.

Legal recognition of gender is a human rights priority for trans individuals, as highlighted in Outright International’s recent report, Empowering Identity: The Case for Legal Gender Recognition. This report demonstrates that accessible legal frameworks can reduce stigma and promote equality, insights that are vital for understanding the importance of such recognition for children like Amada, who are particularly vulnerable to exclusion and discrimination.

Through our amicus brief, we urge Ecuador’s Constitutional Court to recognize the broader significance of this case. This is not just about Amada; it is an opportunity to set a precedent that ensures all trans children in Ecuador can grow up in an environment that respects their identity, protects their dignity, and allows them to thrive. Furthermore, a favorable decision will serve as a legal benchmark, guiding other countries in Latin America and beyond to align their policies and practices with the standards established in the Inter-American Court’s advisory opinion within their respective jurisdictions.

Protecting the rights of trans children is not just a matter of justice; it is an opportunity to build a more inclusive and respectful society. Amada’s case is a call to action for lawmakers, educators, and civil society to ensure that no child is left behind simply because of who they are.