TO TRANSIT THROUGH GENDERS: IS IT A RIGHT?

• DOI: https://doi.org/10.22533/at.ed.2164624110310

• Palavras-chave: Cuerpo, sexualidad, transexualidad, justicia, identidad de género

• Keywords: Body, sexuality, transsexuality, justice, gender identity

• Abstract:

  This article analyzes two stories of people who, having initiated a process of bodily intervention to “adjust” to the “opposite” sex, go to the courts of the city of Cuenca- Ecuador with the purpose of requesting a change of name or the sex change. The first case shows an administration of justice that is more open to discussing categories such as “gender identity”; By doing so, it makes possible the exercise of the actor’s rights and the expansion of the idea of citizenship. The second case presents the conservative side of the administration of justice, the one that remains anchored to the biomedical approach to transsexuality and that, therefore, not only limits the exercise of the plaintiff ’s rights, but also restricts the possibility of moving towards a concept of sexual citizenship. These stories show that the law is not homogeneous and, therefore, its cracks can be used to obtain the recognition of certain rights.