CASE OF ATALA RIFFO

Author: Lisbeth Aroca

 

Karen Atala Riffo was a Chilean lawyer of Palestinian and she is the only judge recognized like lesbian. She presented a petition given a problem with her children with the Chilean State, at the Inter - American Court of those of the Human rights. The problem started because her husband made a demand against her because he wanted the custody of his daughters because Karen lives with her lesbian partner and his daughters together.

The Supreme Court of Chile was in favor of Karen’s husband because according to the Court the girls can be affected emotionally in their future sexual orientation but Karen decided to denounce to the Chilean State to the Inter – American Commission of Human rights for serious attempts to the human rights of the persons, the rights to the equality and not discrimination.

After two years the Inter – American court of the human rights recognized the discrimination to Karen with her daughters. In conclusion I think that the all the court’s decisions has to be based in the articles of the inter – American court of the human rights, for example the article 24 says that the State is responsible for the violation of the right to the equality and not discrimination and how we can see it was a discrimination against the sexual preference of Karen.

Bibliography:

www.corteidh.or.cr/docs/casos/articulos/seriec_239_esp.pdf

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