The ICJ statement draws attention to recent laws that threaten the right to freedom of expression of LGBT persons, noting examples that fail the tests of certainty, necessity and non-discrimination.
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)
(https://www.icj.org/dwn/database/Jernow%20Written%20Submission.pdf)
The ICJ today condemned the misrepresentation of international human rights law by some member States of the UN Human Rights Council.
The ICJ Condemns Nigeria’s “Same-Sex Marriage” bill and urges house, president to reject it.
Nigeria-same-sex bill-press release-2011 (full text in English, PDF)
The Senior Legal Advisor for the SOGI Project provided expert testimony at the Inter-American Court’s hearing in Bogota, Colombia.
The case concerns the decision by the Supreme Court of Chile to remove Karen Atala’s three daughters from her custody because she had begun living with another woman.
The expert testimony focused on the best interest of the child principle and how courts have held that discrimination on the basis of parental sexual orientation violates this fundamental principle of child custody decisions.
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