Inclusive education for transgender persons: A perspective from the Inter-American Court of Human Rights

Abstract

This study analyzes the jurisprudential and advisory standards developed by the Inter-American Court of Human Rights —hereinafter, the IACtHR— regarding gender identity, equality, and non-discrimination, with the purpose of determining their scope in the protection of the right to inclusive education of transgender children and adolescents. A legal reflection article was developed using a qualitative, documentary, and analytical-interpretative approach. The study reviewed normative, jurisprudential, and doctrinal sources, as well as Ecuadorian legislation and comparative regional references. The analysis showed that the IACtHR has developed relevant standards on gender identity, private life, human dignity, equality, and non-discrimination. However, a specific jurisprudential gap was identified regarding the right to inclusive education of transgender children and adolescents. In Ecuador, despite the normative recognition of equality and inclusion, institutional barriers, the absence of specific protocols, and limitations in the effective guarantee of the right to education persist. The protection of transgender children and adolescents requires the development of more specific Inter-American standards on inclusive education, the strengthening of national public policies, the recognition of gender identity in school environments, and the promotion of legal mechanisms of enforceability against discriminatory practices.