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Human Rights Watch on Thursday criticized Ecuador’s newly enacted adoption law, which took effect on August 14 after lawmakers approved it 118-0, arguing that provisions restricting adoption by lesbian, gay and bisexual people and permitting the loss of parental authority over certain medical decisions involving transgender children violate equality and child-rights protections.
The Organic Reform Law of Various Legal Bodies for the Streamlining of Adoption was enacted as part of an effort to accelerate adoption proceedings and reduce the amount of time children spend in institutional care. Ecuador’s National Assembly approved the measure on July 28, with 25 lawmakers abstaining, and President Daniel Noboa communicating his assent on August 13.
HRW said the reform extends an existing restriction on adoption by same-sex couples by expressly requiring individual adopters to be heterosexual. Ecuador’s Constitution already provides in Article 68 that adoption “shall only be permitted for different-sex couples.” According to HRW, however, the previous Children and Adolescents Code prioritized heterosexual married couples without expressly excluding single applicants because of their sexual orientation.
The organization raised concerns over provisions governing parental authority. The legislation identifies parental support for medical, surgical or pharmaceutical procedures intended to “modify the biological sex” of a child as conduct that may justify judicial termination of parental authority. If both parents lose that authority and no eligible relatives assume care, the child may ultimately become eligible for adoption. HRW warned that the provision could discourage families of transgender children from seeking medical advice because of possible state intervention.
The controversy comes months after Ecuador’s Constitutional Court strengthened protections concerning gender identity. In April, the court held in Case 1313-19-JP/26 that authorities could permit a 17-year-old adolescent to change gender information on identification documents after an individualized assessment of maturity, informed and persistent consent, family support and psychosocial evidence. The court emphasized that the judgment concerned civil-registry recognition rather than medical intervention.
Ecuadorian constitutional jurisprudence has separately recognized protections against discrimination based on sexual orientation and gender identity and linked gender identity to privacy and the free development of personality. HRW urged Ecuadorian authorities to amend the legislation, arguing that adoption decisions should turn on an individualized assessment of a prospective parent’s capacity and the best interests of the child rather than sexual orientation.
The post Human Rights Watch condemns Ecuador’s adoption law as discriminatory against LGBT and transgender families appeared first on JURIST - News.
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The Organic Reform Law of Various Legal Bodies for the Streamlining of Adoption was enacted as part of an effort to accelerate adoption proceedings and reduce the amount of time children spend in institutional care. Ecuador’s National Assembly approved the measure on July 28, with 25 lawmakers abstaining, and President Daniel Noboa communicating his assent on August 13.
HRW said the reform extends an existing restriction on adoption by same-sex couples by expressly requiring individual adopters to be heterosexual. Ecuador’s Constitution already provides in Article 68 that adoption “shall only be permitted for different-sex couples.” According to HRW, however, the previous Children and Adolescents Code prioritized heterosexual married couples without expressly excluding single applicants because of their sexual orientation.
The organization raised concerns over provisions governing parental authority. The legislation identifies parental support for medical, surgical or pharmaceutical procedures intended to “modify the biological sex” of a child as conduct that may justify judicial termination of parental authority. If both parents lose that authority and no eligible relatives assume care, the child may ultimately become eligible for adoption. HRW warned that the provision could discourage families of transgender children from seeking medical advice because of possible state intervention.
The controversy comes months after Ecuador’s Constitutional Court strengthened protections concerning gender identity. In April, the court held in Case 1313-19-JP/26 that authorities could permit a 17-year-old adolescent to change gender information on identification documents after an individualized assessment of maturity, informed and persistent consent, family support and psychosocial evidence. The court emphasized that the judgment concerned civil-registry recognition rather than medical intervention.
Ecuadorian constitutional jurisprudence has separately recognized protections against discrimination based on sexual orientation and gender identity and linked gender identity to privacy and the free development of personality. HRW urged Ecuadorian authorities to amend the legislation, arguing that adoption decisions should turn on an individualized assessment of a prospective parent’s capacity and the best interests of the child rather than sexual orientation.
The post Human Rights Watch condemns Ecuador’s adoption law as discriminatory against LGBT and transgender families appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.