Joanne Cassar, who was assigned male at birth, legally changed her birth certificate to female in full compliance with Maltese national law. However, she was denied permission to marry her boyfriend.
Taddeucci, a national of Italy, and McCall, a national of New Zealand, are an unmarried same-sex couple who moved together to Italy to be close to Taddeucci’s family. But McCall was denied a residency visa.
The visa was denied on the grounds that he was neither a “spouse” nor a family member of an Italian citizen. The Italian courts refused to recognize their relationship, forcing the couple to leave Italy in order to be able to live together.
They applied to the European Court, arguing that their rights to non-discrimination and to the enjoyment of family life had been violated.
The ICJ, ILGA-Europe and NELFA submitted a joint third party intervention arguing that conditioning residency on marital status constitutes discrimination on the basis of sexual orientation, given that in many countries same-sex couples are denied access to marriage, and that unmarried couples are families regardless of formal legal status. As families, their relationship should be leally recognised and protected by the state.
Italy-Taddeucci_&_McCall_v_Italy-legal submission-2012-Eng (text in PDF)
The ICJ and ILGA-Europe provide information and guidance on laws banning “homosexual propaganda”.
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.
Libya: ICJ urges UN Human Rights Council to address deteriorating human rights situation at upcoming Universal Periodic Review
Nepal: Lawyers urge authorities to address inaccessibility of justice system to women and girls with disabilities
Syria: Impartially and independently investigate the crimes committed in Suwayda
Kenya: The ICJ’s new Report calls for an End to Discriminatory Laws Restricting Persons with Disabilities’ Access to Justice