Discrimination based on sexual orientation: Vulnerability de jure and de facto, Inter-American Court of Human Rights, Flor Freire vs Ecuador

Abstract

The present work raises as its main purpose the study on discrimination based on sexual orientation, focusing on the potential discriminatory behaviors existing in the Armed Forces of Ecuador. The analysis undertaken is of the paradigmatic case Flor Freire vs. Ecuador, a case taken to the jurisdiction of the Inter-American Human Rights System. Likewise, it was of important to address two transcendental questions, was there a de jure violation? or in the Flor Freire case, was there a de facto violation of the right to non-discrimination? Having analyzed and contrasted these questions, the conclusions show the violation of the rights of Mr. Flor Freire not only de jure but also de facto, due to presumed facts or behaviors of homosexual orientation.