Identidad de género y autonomía progresiva en niños, niñas y adolescentes: Análisis constitucional y tensiones socio-jurídicas a partir del Caso Amada

Abstract

This research examined the issue of l egal uncertainty and the systematic violation of the right to the free development of personality for children and adolescents in Ecuador. Based on the analysis of the Amada Case (No. 1313-19-JP), it was identified that the regulatory vacuum in the Organic Law on Identity Management And Civil Data has led t o institutional violence, revictimization, and the exclusion of diverse childhood from the national registry system under adultocentric prejudices. The general objective was to establish a normative scenario for the administrative recognition of gender identity in minors, based on the principles of progressive autonomy and non-pathologization. A qualitative methodology with a descriptive-analytical design was used, supported by case studies, jurisprudential analysis, and a comparative law analysis that integrated the legislations of Colombia, Brazil, Argentina, Chile, Spain and Norway. The results demonstrated that administrative and non-pathologizing models more effectively guarantee human dignity and the best interests of the child compared to mandatory judicialization. It was concluded that Ecuador requires a transition t oward a gradual system based on age ranges that eliminates clinical requirements and transfers conflict resolution to technical administrative bodies, avoiding judicial delays that hinder the effective enjoyment of fundamental rights.