Mar 23, 2012 | News
The ICJ is pleased with the decision of the Inter-American Court of Human Rights that parental sexual orientation is not a factor in child custody cases.
On 20 March the Inter-American Court of Human Rights ruled that parental sexual orientation is not a factor in child custody cases and that Chile had violated Karen Atala’s rights to equality, non-discrimination and privacy when the Supreme Court of Chile removed custody of her three daughters from her because she had begun a relationship with another woman.
In its first sexual orientation case, the Court held that sexual orientation is a protected ground, included under “other social condition” in Article 1 of the American Convention on Human Rights.
The Court further stated that the best interests of the child test could not be used as a pretext for prohibited discrimination in custody cases.
The Court also found that the Supreme Court of Chile’s reliance on stereotypes and prejudices was a violation of the State’s obligation to protect rights. Finally, the Court stated that the American Convention did not protect a specific form of traditional family and that states must recognize diverse family structures.
The International Commission of Jurists was called by the Inter-American Commission as an expert and submitted written and oral testimony on the role of parental sexual orientation as a factor in child custody cases.
Decision:
(http://www.corteidh.or.cr/docs/casos/articulos/seriec_239_esp.pdf)
Expert Submission:
(https://www.icj.org/dwn/database/Jernow%20Written%20Submission.pdf)
Mar 21, 2012 | News
The ICJ and Justice for Peace Foundation (JPF) held a multi-stakeholder roundtable dialogue on women’s access to justice in Bangkok, Thailand on 19 and 20 March 2012.
The event marked an important stage in the ongoing ICJ-JPF initiative on women’s access to justice in Thailand.
It convened a group of experts from accross Thailand to discuss and review a draft ICJ-JPF report on the obstacles to justice women continue to face in Thailand.
Participants included women human rights defenders, lawyers, representatives of NGOs and academic experts.
When released the ICJ-JPF will capture and explore the accounts of barriers received from stakeholders accross Thailand through extensive field research accross the country during 2011.
It will identify a series of responsive recommendations endorsed by roundtable participants.
Mar 13, 2012 | News
The ICJ is concerned at the lack of transparency in the process, which could undermine universal human rights standards.
Mar 8, 2012 | News
The ICJ today condemned the misrepresentation of international human rights law by some member States of the UN Human Rights Council.
Mar 7, 2012 | E-bulletin on counter-terrorism & human rights, News
Read the 61st issue of ICJ’s monthly newsletter on proposed and actual changes in counter-terrorism laws, policies and practices and their impact on human rights at the national, regional and international levels.
Feb 10, 2012 | News
The ICJ condemns the conviction pronounced today by the Supreme Court of Spain against Judge Baltasar Garzón, who will be banned from the judicial office for a period of 11 years.The International Commission of Jurists (ICJ) condemns the conviction pronounced today by the Supreme Court of Spain against Judge Baltasar Garzón, who will be banned from the judicial office for a period of 11 years.
