The ICJ welcomes historic decision in Atala v. Chile

The ICJ welcomes historic decision in Atala v. Chile

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)

Roundtable discussion on women’s access to justice in Thailand

Roundtable discussion on women’s access to justice in Thailand

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.

 

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