Treatment by authorities
The LGBTQI+ population, especially transgender people, still faces discrimination by public and private actors. In the public sphere, violence against the LGBTQI+ population is not effectively investigated by the police. LGBTQI+ persons also still face obstacles in gaining access to justice. Although the Penal Code criminalised hate speech and discrimination, there has not been enough prosecution of these acts, evidencing that the Justice System is not prepared to support LGBTQI+ people. 

The LGBTQI+ population also suffers from continued hostility from public officials and insufficient protection of their rights on the local level. Politically, political parties that lack internal structures are designed to take LGBTQI+ voices into account. In the education sphere, LGBTQI+ children are systematic victims of violence and ill-treatment. Moreover, many gay men and lesbians have been interned against their will at private treatment centers to “cure” their sexual orientation. 

Lastly, while same-sex marriage has been legalised since 2019, the National Assembly has not yet complied with the Constitutional Court’s orders to revise legal provisions on civil marriage to include same-sex couples, regulate assisted reproduction methods, and allow same-sex couples to register children with their surnames.

Public opinion
The LGBTQI+ population is still subject to violence, stigmatization, and discrimination in Ecuadorian society. 

The recognition of equal civil marriage provoked a strong backlash in Ecuadorian society and  led to an uptick in violence against
the LGBTIQ+ population. 

Also, according to a study conducted by GIZ’s Preventing Violence against Women Programme (PreViMujer), students who self-identify as part of the LGBTIQ+ community are more likely to experience violence within universities. As an example, four out of ten students self-identifying as LGBTIQ+ experienced some form of violence by their peer, teacher, administrative or university-associated staff at least 15 times a year. 

In addition, ‘conversion centres’ are still common and are known as “dehomosexualisation clinics.” 

 LGBTQI+ Refugees

Refugees and asylum seekers who are part of the LGBTQI+ community suffer from pronounced exclusion and discrimination due to the combination of gender violence and xenophobia. Social discrimination against sexual minority refugees and asylum seekers, especially transgender refugees, is widespread, and they experience tremendous barriers accessing employment, higher education, and vocational training. Transgender refugees, in particular, are targets also for paramilitary violence along the border, and are also subject to theft, gang violence, sexual and transphobic violence. 

Because of financial constraints, lack of required documents, travel distance to government offices, and lack of awareness of their rights and knowledge of the legal system, it can often be difficult forLGBTQI+ refugees and asylum seekers to access needed legal protection.

Cases 10-18-CN/19 and 11-18-CN/19 of the Constitutional Court 

In this instance, the Constitutional Court legalised same-sex marriage through the analysis of the case brought by Rubén Salazar and Carlos Daniel on the 7th of August of 2018 against the Registro Civil of Ecuador. The case contested the denial of the celebration of their wedding and the legality of Article 81 of the Civil Code of Ecuador. In accordance with the standards set by the Inter-American Court of Humn Rights in Advisory Opinion OC-24/17, the Constitutional Court decided that same-sex marriage was legally allowed and that the authorities were under the obligation to perform it.