Sexual freedom in ecuador and its conception in the law a recognition or an attack on fundamental rights

10.2478/bjlp-2023-00000118

Abstract

The Constitution of Ecuador, supreme normative text that contains the rights of all Ecuadorian citizens, makes a special recognition to the Rights of Freedom that support the free, informed, voluntary and responsible decision making of people regarding their sexuality, and their life and sexual orientation, despite having a certain conservative history with notable features of heteronormativity,  because the same Ecuadorian society pigeonholes the categories of man and woman without considering simply the legal status of person, evidencing this cultural phenomenon in the relevant normative bodies.From this ideological perspective arises the objective of this scientific article, which is to develop a critical legal analysis on heteronormativism, cisnormativism and gender binarism in Ecuador and its impact on the effective exercise of sexual freedom rights and the State's responsibility towards legal security, tending to the development of the Ecuadorian legal system. This objective was achieved through the development of a qualitative research, with certain features of exploratory research as it is a topic with little theoretical development in the country, in this way in the investigative work the analytical-synthetic method was implemented with respect to the theoretical and normative doctrine analyzed, to complement this research with the qualitative technique of the interview oriented to feel the reality of the investigated problem within the Ecuadorian  legal and social context.