The Fundamental Right to Family: How the Inter-American Court of Human Rights Shaped Ecuador’s Constitutional Right to Same-Sex Marriage
The Fundamental Right to Family: How the Inter-American Court of Human Rights Shaped Ecuador’s Constitutional Right to Same-Sex Marriage

Summary/Abstract: Though a constitutionally recognized right to same-sex marriage remains the global minority view, in June 2019, Ecuador became the 27th country in the world to recognize this right. Following a binding advisory opinion issued by the Inter-American Court of Human Rights (IACHR), the Constitutional Court of Ecuador (CCE) reinterpreted the Constitution of Ecuador to ensure that same-sex couples be granted the same title, rights, and benefits as their married heterosexual counterparts. The IACHR’s advisory opinion focused on three elements: the developed trend for the interpretation of global laws, the relevant provisions of the American Convention on Human Rights, and the positive obligation of member States derived from the interpretation of these Convention provisions. This article will analyze these elements and discuss the extent to which the CCE relied on the IACHR’s interpretations to arrive at its holding.

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