INTER-AMERICAN COURT OF HUMAN RIGHTS RELEASES ADVISORY OPINION ON GENDER IDENTITY AND SAME-SEX NON-DISCRIMINATION

2018 ◽  
Vol 112 (3) ◽  
pp. 479-485
Author(s):  
Nicolás Carrillo-Santarelli

In its advisory opinion, OC-24/17 (Advisory Opinion), the Inter-American Court of Human Rights (IACtHR or Court) addressed globally debated issues concerning gender identity, same-sex relationships, and the rights of LGBTI persons. As discussed below, the Court reached conclusions more progressive than those of its European counterpart, due to its finding that the principle of individual autonomy is embedded in the foundations of human rights law and permeates individual self-determination, the free development of one's personality, and the protection of different models of the family. In line with an apparent trend in the Court's case law, the Advisory Opinion rejects the idea that domestic societies are sometimes entitled, by virtue of a margin of appreciation, to choose among different possibilities for protecting human rights, provided that certain international legal limits are observed—an idea addressed in the dissenting opinion.


2021 ◽  
Vol 194 ◽  
pp. 277-462

277Human rights — Gender identity — Rights of same-sex couples — State obligations concerning recognition of gender identity and rights of same-sex couples — American Convention on Human Rights, 1969 — Right to equality and non-discrimination of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons — Article 1(1) of American Convention on Human Rights, 1969 — Whether sexual orientation and gender identity protected categories under Article 1(1) — Right to gender identity — Right to a name — Whether States under obligation to facilitate name change based on gender identity — Whether failure to establish administrative procedures for name change violating American Convention on Human Rights, 1969 — Whether name change procedure under Article 54 of Civil Code of Costa Rica complying with American Convention on Human Rights, 1969 — Right to equality and non-discrimination — Right to protection of private and family life — Right to family — Whether States obliged to recognize patrimonial rights arising from a same-sex relationship — Whether States required to establish legal institution to regulate same-sex relationshipsInternational tribunals — Jurisdiction — Inter-American Court of Human Rights — Advisory jurisdiction — Whether advisory jurisdiction restricted by related petitions before Inter-American Commission on Human Rights — Admissibility — Whether request meeting formal and substantive requirements — Whether Court having jurisdiction


2019 ◽  
Vol 33 (3) ◽  
pp. 360-379
Author(s):  
Eduardo J Arrubia

Abstract Transgender persons usually undergo significant discrimination all over the world. This is the reason why gender identity has been translated into the language of International Human Rights Law. Thus, the European Court of Human Rights has evolved along the last decades towards the recognition of this human right, and so has the Inter-American Court by releasing its recent advisory opinion on gender identity, equality and non-discrimination of same sex couples. Within this framework, some Latin American countries have passed regulations entitling trans persons to have their public records as regards their name, sex marker and image data modified. Nevertheless, these juridical norms of domestic law might not entirely comply with the standards that have been set by the Inter-American Court of Human Rights since they tend to reproduce cultural patterns of gender which lead to a pathological comprehension of transgenderism. In this analysis, Argentinian legislative experience is accounted for as a cutting-edge exemption in this matter.


2020 ◽  
Vol 10 (2) ◽  
pp. 129-142
Author(s):  
Molly Ludlam

For over fifty years the concept of the “internal couple”, as a composite internal object co-constructed in intimate relationships, has been fundamental to a psycho-analytic understanding of couple relationships and their contribution to family dynamics. Considerable societal change, however, necessitates review of how effectively and ethically the concept meets practitioners’ and couples’ current needs. Does the concept of an internal couple help psychotherapists to describe and consider all contemporary adult couples, whether same-sex or heterosexual, monogamous, or polyamorous? How does it accommodate online dating, relating via avatars, and use of pornography? Is it sufficiently inclusive of those experimenting in terms of sexual and gender identity, or in partnerships that challenge family arrangement norms? Can it usefully support thinking about families in which parents choose to parent alone, or are absent at their children’s conception thanks to surrogacy, adoption, and IVF? These and other questions prompt re-examination of this central concept’s nature and value.


2021 ◽  
Vol 36 (1) ◽  
pp. 105-129
Author(s):  
Damaris Seleina Parsitau

AbstractIn Kenya, debates about sexual orientation have assumed center stage at several points in recent years, but particularly before and after the promulgation of the Constitution of Kenya in 2010. These debates have been fueled by religious clergy and by politicians who want to align themselves with religious organizations for respectability and legitimation, particularly by seeking to influence the nation's legal norms around sexuality. I argue that through their responses and attempts to influence legal norms, the religious and political leaders are not only responsible for the nonacceptance of same-sex relationships in Africa, but have also ensured that sexuality and embodiment have become a cultural and religious battleground. These same clergy and politicians seek to frame homosexuality as un-African, unacceptable, a threat to African moral and cultural sensibilities and sensitivities, and an affront to African moral and family values. Consequently, the perception is that homosexuals do not belong in Africa—that they cannot be entertained, accommodated, tolerated, or even understood. Ultimately, I argue that the politicization and religionization of same-sex relationships in Kenya, as elsewhere in Africa, has masked human rights debates and stifled serious academic and pragmatic engagements with important issues around sexual difference and sexual orientation while fueling negative attitudes toward people with different sexual orientations.


2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez

AbstractLatin America has been at the forefront of the expansion of rights for same-sex couples. Proponents of same-sex marriage frame the issue as related to human rights and democratic deepening; opponents emphasize morality tied to religious values. Elite framing shapes public opinion when frames resonate with individuals’ values and the frame source is deemed credible. Using surveys in 18 Latin American countries in 2010 and 2012, this article demonstrates that democratic values are associated with support for same-sex marriage while religiosity reduces support, particularly among strong democrats. The tension between democratic and religious values is particularly salient for women, people who live outside the capital city, and people who came of age during or before democratization.


2020 ◽  
pp. 267-286
Author(s):  
Mikhail A. Gussev ◽  
Yessil S. Rakhmetov ◽  
Aliya K. Berdibayeva ◽  
Ainash Yessekeyeva

The aim of the article is to analyze the paternity as a component of the institution of the family, its modern transformations and the resulting challenges, including modern features of parenthood. The authors show that the modern understanding of paternity is determined by gender identity and social constructs that equalize the rights of all persons who act as guardians of the child. The authors determine that the problem of paternity involves not only civil issues, but also family and in-ternational law. The authors of the article clearly show that paternity can act not only as a voluntary, conscious act, but also as a mandatory legal norm. In particu-lar, the authors note that it is possible to use the method of establishing paternity or delegating part of the authority to raise a child in the context of considering public law and its prevalence over family law. The practical significance of the study is determined by the fact that the importance of establishing the principles, as well as the legal conditions for implementing the functions of paternity, will form not only legal but also social forms and even economic parameters for citi-zens and address issues of ensuring human rights, including the rights of the child.


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