Article 516 of the code which criminalizes homosexual activity (from 4-8 years imprisonment) was repealed in 1997.

Civil marriage between same-sex couples is already a right acquired in Ecuador. On the night of July 8, 2019, sentences 10-18-CN / 19 and 11-18-CN / 19 of the Constitutional Court were published in the Official Gazette.

In Ecuador, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

Since 2016, transgender persons are allowed to change their birth name and gender identity (instead of the sex assigned at birth) on legal documents.

Since 2024, The Organic Law on Civil Identity and Data Management allows adults to change their name and sex (or gender) one time directly through the register based purely on self-identification. Previously, transgender citizens who sought such changes required two witnesses to attest that the person had been living as the opposite sex for two years.

Gender-affirming care is legal in Ecuador, and the Ministry of Health has given recommendations to improve its availability.

Ecuador does not currently legally recognize non-binary identities.

In the 1998 constitution, article 23.3 extended discrimination protection to sexual orientations. In its 2008 constitution included gender identity in its protection in article 11.2

In 1998, Ecuador became the first country in the Americas (and only the third worldwide after South Africa and Fiji) to include sexual orientation as a protected category in its Constitution. An unofficial English language translation of Article 11(2) states:

All persons are equal and shall enjoy the same rights, duties and opportunities. No one shall be discriminated against for reasons of ethnic belonging, place of birth, age, sex, gender identity, cultural identity, civil status, language, religion, ideology, political affiliation, legal record, socio-economic condition, migratory status, sexual orientation, health status, HIV carrier, disability, physical difference or any other distinguishing feature, whether personal or collective, temporary or permanent, which might be aimed at or result in the diminishment or annulment of recognition, enjoyment or exercise of rights. All forms of discrimination are punishable by law. The State shall adopt affirmative action measures that promote real equality for the benefit of the rights-bearers who are in a situation of inequality.

In 2015, a labor law reform made it illegal for employers to discriminate against people due to their sexual orientation.

In June 2018, the Justice Ministry approved a new policy concerning the rights of LGBT people. The policy aims to guarantee and strengthen their rights in relation to health, education, work, security, social protection and justice.

Article 11(2) of the Constitution of Ecuador (2008) prohibits discrimination based on sexual orientation and gender identity.

Since 2018, by decision of the Constitutional Court of Ecuador, the Civil Registry regulates the registration of births of children in the case of same-sex parents who have undergone an assisted reproduction method. However, same-sex parents are still denied adoption rights in practice.

Surgery on intersex infants is legal in Ecuador. However, there are no reports of such practices.

In 2009, Ecuador removed the provision in its military code that stipulated that homosexuality was a reason to discharge members of the military.

There are no known restrictions or bans on blood donations from men who have sex with men in Ecuador.

In Ecuador, conversion therapies are prohibited by two legal provisions.

- Ministerial Agreement No. 767, issued in May 2012 by the Ministry of Public Health, prohibits "conversion therapies" in rehabilitation institutions.

- Article 151(3) of the Penal Code (2014) establishes that the crime of torture is aggravated when it is committed with the intent to modify a person's sexual orientation or gender identity.

The age of consent in Ecuador is 14, regardless of gender or sexual orientation. (Penal Code, Art 512)