Ecuador’s Constitutional Court recently made public a ruling upholding the rights of a transgender girl whose private school in Santa Elena failed to support her during her gender transition. The court ordered comprehensive remedies after finding that the school discriminated against the girl, failed to act in accordance with her best interests, and violated a wide range of other rights, including her right to education.
In its ruling, the court refers to the girl as C.L.A.G in order to protect her identity. In 2017, C.L.A.G.’s parents sought the school’s support, requesting psychosocial assistance and gender diversity training for the school’s staff. While initially cooperative, the school later failed to consistently use her preferred name, refused her access to the girls’ bathroom, required her to wear the boys’ uniform, and asked her parents to produce a diagnosis of gender dysphoria or “transsexuality.”
The girl’s parents turned to the District of Education, which issued recommendations to the school to better accommodate her gender identity. The school rejected them, and C.L.A.G’s parents turned to the courts. After receiving unfavorable decisions from lower courts, the parents filed an appeal before the Constitutional Court.
Among its remedies, the court ordered the Ministry of Education and other key authorities to develop and disseminate a mandatory protocol for respecting the rights of lesbian, gay, bisexual, and trans children in schools within six months. The protocol must include guidelines on the use of a child’s preferred name, dress, and bathroom use consistent with their gender.
This ruling comes as Ecuador struggles to fully implement remedies ordered by the Inter-American Court of Human Rights in Paola Guzmán Albarracín v. Ecuador to prevent school-related sexual and gender-based violence. The Ministry of Education’s strategy on comprehensive sexuality education – a cornerstone of its prevention efforts – aims to equip students with essential information on topics such as puberty, healthy relationships, and gender identity. It has faced resistance from some teachers and officials, as well as groups that rail against so-called gender ideology.
In 2024, the Ministry of Education caved in to external pressure and temporarily removed materials from its “Sexualipedia” platform, which included age-appropriate content on gender identity. Some content has been restored, but episodes on gender identity remain offline, awaiting “scientific validation.”
C.L.A.G.’s case underscores the need for clear policies to ensure all students, including trans children, can access their right to education without discrimination. Ecuador should develop and implement the protocols ordered by the court, ensuring students receive accurate, inclusive information on gender identity. This will have an important impact on the safety and dignity of countless students and Ecuadoran society.