"Vulneración del derecho a la salud para Mujeres Transexuales”

Abstract

This research presents a comparative legal study on the right to access hormone treatments for transgender women in Ecuador, Argentina, and Uruguay during the period 2020-2024. The analysis examines the regulatory frameworks, relevant case law, and public policies that require access to these necessary treatments within the public health systems of the three countries, recognizing inequalities in their effectiveness and implementation. A qualitative methodology with a legal-comparative approach is used, based on a documentary study [Gender Identity Law of Argentina (2012), the Comprehensive Trans Law of Uruguay (2009), and Ecuadorian regulatory framework], relevant jurisprudence of each country and current health care protocols. Systematic comparison matrices were used to analyze the recognition of rights, access mechanisms, and guarantees of effective implementation in each context. The findings show that Argentina and Uruguay have established comprehensive legal frameworks that ensure access to hormone treatments, while Ecuador demonstrates significant structural deficiencies. Best practices and legal standards are identified in Argentina and Uruguay that reinforce the Ecuadorian normative framework, thereby contributing to the academic debate on the materialization of the right to health for the trans community. It is evident that, despite formal regulatory progress, barriers such as structural discrimination and the shortage of specialized health professionals persist. This issue is particularly serious in Ecuador where—despite constitutional guarantees on the right to health, non-discrimination, and gender identity—clear administrative procedures for exercising these rights are lacking.