Sistema penitenciario ecuatoriano y realidades de género: estándares de separación de las personas privadas de la libertad transexuales y transgénero

Abstract

Binary classification models based on biological sex totally exclude groups of people with dissident bodies, such as trans people. Although our state has recognized sexual diversity and gender identity, it has not yet been concerned with generating policies that guarantee the rights of these groups of people in prison contexts. The lack of regulations contributes to violent and discriminatory practices being perpetuated against trans people, producing a hostile prison environment and a null idea of rehabilitation and social reintegration. That is why the current of legal pluralism sees the need for the coexistence of different normative systems in order to provide a solution that guarantees an effective material application of the rights recognized in the Constitution, allowing us to establish new standards of classification in prison blocks which do not imply more violations towards the trans population.