Descargar

Datos de la publicación

Authors

Georgina Vargas Vera

Sebastián Valencia Quiceno

María José Gutiérrez Rodríguez

Cristian Rodríguez Barrón

Fecha de Publicación
Número de Páginas
92
ISBN-e
978-607-552-571-6

Rights of LGBTIQ+ people

Systematization of decisions until July 2024

Reseña

Unfortunately, sexually diverse individuals have faced numerous instances of discrimination and violence. The cases brought before the Inter-American Court of Human Rights (IACHR) illustrate how such discrimination affects various aspects of people's lives, including family relationships, professional opportunities, and even life expectancy.

By affirming the rights of sexually diverse people, the IACHR upholds the legitimacy of diverse identities and protects them from stereotypical and unwarranted interference.

Although cases involving discrimination based on sexual orientation or gender identity represent a relatively small portion of the Court's overall docket, the recognition of LGBTIQ+ rights and the progress made toward fulfilling State obligations reflect a clear and deliberate effort by the IACHR to promote more inclusive and equitable spaces for diverse identities.

We hope this booklet serves as a contribution to the defense of the rights of sexually diverse people and to the ongoing struggle for a more egalitarian society.

Contenido

General considerations

Methodological note

1. Sexual orientation and gender identity as protected categories under Article 1.1 of the American Convention on Human Rights

Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Judgment of February 24, 2012. Series C No. 239

Gender identity, and equality and non-discrimination with regard to same-sex couples. State obligations in relation to change of name, gender identity, and rights deriving from a relationship between same-sex couples (interpretation and scope of Articles 1(1), 3, 7, 11(2), 13, 17, 18 and 24, in relation to Article 1, of the American Convention on Human Rights). Advisory Opinion OC-24/17 of November 24, 2017. Series A No. 24

2. Rights related to family life

Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Judgment of February 24, 2012. Series C No. 239

Gender identity, and equality and non-discrimination with regard to same-sex couples. State obligations in relation to change of name, gender identity, and rights deriving from a relationship between same-sex couples (interpretation and scope of Articles 1(1), 3, 7, 11(2), 13, 17, 18 and 24, in relation to Article 1, of the American Convention on Human Rights). Advisory Opinion OC-24/17 of November 24, 2017. Series A No. 24

Case of Ramírez Escobar et al. v. Guatemala. Merits, Reparations and Costs. Judgment of March 9, 2018. Series C No. 351

Case of Duque v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of February 26, 2016. Series C No. 310

3. Employment stability of LGBTIQ+ people in public service positions

3.1 Procedures for investigation or modification of working conditions

Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Judgment of February 24, 2012. Series C No. 239

Case of Pavez Pavez v. Chile. Merits, Reparations and Costs. Judgment of February 4, 2022. Series C No. 449

3.2 Sanctions under the military regime

Case of Flor Freire v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 31, 2016. Series C No. 315

4. Hate crimes against people of sexual diversity

Case of Azul Rojas Marín et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 12, 2020. Serie C No. 402

Case of Vicky Hernández et al. v. Honduras. Merits, Reparations and Costs. Judgment of March 26, 2021. Series C No. 422

5. Discriminatory company policies

Case of Olivera Fuentes v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of February 4, 2023. Series C No. 484

6. Conditions of the LGBTIQ+ population in penitentiary centers

Differentiated approaches with respect to certain groups of persons in detention (Interpretation and scope of Articles 1(1), 4(1), 5, 11(2), 12, 13, 17(1), 19, 24 and 26 of the American Convention on Human Rights and other human rights instruments). Advisory Opinion OC-29/22 of May 30, 2022. Series A No. 29

Final considerations

Annex 1. Glossary of resolutions

Annex 2. Reparations