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Non-compliance with article 7 of the comprehensive criminal code violates the principles of sexual orientation and gender identity

Abstract:

In its early days, the prison was an institution intended for the custody of prisoners. Except in exceptional cases, convicted criminals were not confined to prisons, but were subjected to corporal or pecuniary punishment. By making known the lack of respect for the sexual orientation and gender identity of people deprived of their liberty, this research aims to leave a socio-legal prelude that raises awareness and allows the breaking of taboos and complexes that obstruct the free enjoyment of constitutionally conferred rights. Therefore, this research work through the scientific and analytical method of real stories of people deprived of their freedom in the Social Rehabilitation Center of Riobamba will focus on the constant abuse of transsexuals and homosexuals in prison centers. Establishing an analysis that denotes hostile circumstances and the constant abuse and disrespect to the primary human rights inherent to every human being because at present the abuses that have occurred in these places continue to be carried out, infusing similar behaviors to the old ones. This investigation creates conclusions in which it can be determined that the constitutional provisions of Article 11(2), as described in Article 7 of the Comprehensive Criminal Code, are not being complied with, thereby incurring in noncompliance.