El derecho a la identidad personal de la comunidad LGBTIQ+ y la acción de tutela como mecanismo de protección constitucional. línea jurisprudencial.

Abstract

The right to personal identity is a fundamental and inalienable right that allows every individual to be recognized according to their name, gender, nationality, image, and other essential characteristics. This right is crucial for the full exercise of autonomy and human dignity. However, in the LGBTIQ+ community, the protection of this right faces specific challenges, such as the lack of legal recognition of their gender identity and the difficulty in amending civil registries and other official documents that do not reflect their self-perceived identity. Although Colombia has made progress in the regulatory framework to recognize the rights of LGBTIQ+ people, social and legal barriers remain significant. In this context, the tutela action has established itself as a key mechanism for LGBTIQ+ people to demand recognition of their personal identity. However, its effectiveness continues to be questioned due to contradictory court decisions, resistance from some institutions, and persistent prejudices in sectors of society and the judicial system. This research project aims to analyze the effectiveness of the tutela action as a tool to guarantee the right to personal identity of the LGBTIQ+ community in Colombia. Through the analysis of relevant court rulings, the project seeks to construct a jurisprudential framework that allows for the evaluation of the evolution of the right to identity, the identification of challenges and limitations in its application, and the determination of whether the tutela action has been effective in protecting this fundamental right. The research is justified by the need to understand how the tutela action has influenced the protection of the right to personal identity, especially with regard to gender identity recognition, name changes, and document correction. Despite regulatory and jurisprudential advances, challenges persist in its practical implementation, creating a gap betwee recognized rights and the social reality of LGBTIQ+ people. The study will focus on cases that occurred between 2015 and 2024, focusing on Colombia's major cities, analyzing rulings from the Constitutional Court and other tribunals. The methodology will be qualitative, using a historical-hermeneutic and inductive approach, with an exhaustive documentary analysis of court rulings, regulations, and previous studies. The conclusion of this research seeks to shed light on the effectiveness of the tutela action as a mechanism to guarantee the right to personal identity in the LGBTIQ+ community. The expected results will identify the progress, obstacles, and limitations in the application of this constitutional mechanism. Furthermore, it is proposed to generate critical reflection on the need for regulatory reforms and public policies that strengthen the protection of the rights of the LGBTIQ+ community, contributing to a more inclusive society that respects gender diversity.