Mar 21, 2012 8:21 PM GMT
American Court of Human Rights condemns the Chilean State case of Judge Karen Atala
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The Inter-American Court of Human Rights has condemned the Chilean government for discriminating against a lesbian judge Karen Atala on the basis of sexual orientation after it denied her rightful custody of her three children in 2004.
The international tribunal's unanimous ruling determined that Atala's human rights and rights to privacy were violated including those of her "descendants." Such ruling also establishes that gay people are entitled to equal treatment under the law. As such, the state is "obligated to adhere to international responsibility."
The court also ordered Chile to develop programs to educate public officials on human rights of the LGBT community.
The ruling also orders Chile to pay damages that were incurred due to its discriminatory practices in the total amount of $72,000.
English translaton via Google Chrome:
American Court of Human Rights condemned the Chilean State to "discriminate" to Judge Karen Atala sexual orientation and 2004 does not give custody of her three daughters because of his homosexuality.
The international court ruled unanimously that both Atala and his descendants were the violation of rights of equality and nondiscrimination, and a violation of the right to privacy.
Therefore, the State was required to conduct a "public act of recognition of international responsibility."
Also, should "continue to implement, within a reasonable time, programs and permanent education courses and training for public officials," especially the judiciary.
The State was ordered to pay 34,798,196 pesos (72,000 dollars) allocated as follows:
- $ 4,841,499 pesos (10,000 dollars) for medical and psychological expenses incurred by the victim.
- $ 9,670,999 pesos (20,000 dollars) to Karen Atala at the suffering caused to victims, as well as the change in living conditions.
- $ 4,841,499 pesos (10,000 dollars) to each of the three daughters of the judge (a total of 14,502,899 dollars) as compensation for "material damage".
- $ 5,809,799 pesos (12,000 dollars) to Karen Atala for costs and expenses.
Karen Atala's case dates back to 2004 when the Fourth Chamber of the Supreme Court granted custody of the three children to their father.
The country's highest court, ruled that so divided as Atala was living with his partner Emma de Ramón, this prevented the normal and healthy development of girls.