transsexual persons and foster a line of thinking within the Catholic church that directly contradicts the law of
the State of Chile.
14.
In addition, they allege that were was a violation of Article 11 of the Convention, in that Chilean
courts may not protect within the country “lines of thinking that undermine the constitutional maxims” and
that while it is true that the Constitution protects religious freedom, that freedom must strictly adhere to the
law, thus prohibiting any form of discrimination and interference in the life of individuals. They also add that
“it is neither possible to apply a treaty while disregarding the general principles of law or the common law that
precedes or supplements it, nor to ignore when interpreting a treaty the other sources of law that may have
succeeded it, clarifying or supplementing it.”
B.
Position of the State
15.
In its response, the State succinctly indicated that “without prejudice to the observations on
the merits that the State may formulate in due time, it has no objections regarding the petitioners’ compliance
with the formal requirements.”
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
Competence ratione personae, ratione loci, ratione temporis, and ratione materiae of
the Commission
16.
The petitioners are empowered by Article 44 of the American Convention to lodge petitions
with the Commission. The petition indicates as the alleged victim an individual with respect to whom the
Chilean State committed to respect and guarantee the rights established in the American Convention. With
regard to the State, the Commission indicates that Chile has been a State Party to the American Convention
since August 21, 1990, the date on which it deposited its instrument of ratification. Thus, the Commission is
competent ratione personae to examine the petition.
17.
In addition, the Commission is competent ratione loci to hear the petition, in that it alleges
violations of rights protected in the American Convention that would have taken place under the jurisdiction
of the Chilean State, a State Party to that treaty.
18.
The Commission is competent ratione temporis, in that the obligation to respect and guarantee
the rights protected in the American Convention were already in effect for the State on the date the events
alleged in the petition would have occurred.
19.
Finally, the Commission is competent ratione materiae, in that the petition alleges possible
violations of human rights protected by the American Convention.
B.
Exhaustion of domestic remedies
20.
Article 46(1)(a) of the American Convention provides that in order for a petition submitted to
the Commission to be admissible in accordance with Article 44 of the Convention, the domestic remedies must
have been pursued and exhausted in accordance with generally recognized principles of international law. The
purpose of this requirement is to allow national authorities to hear the alleged violation of a protected right
and, if appropriate, to have the opportunity to resolve it before it is heard by an international body. The
requirement of prior exhaustion applies when the national system has remedies available that are adequate
and effective for remedying the alleged violation of human rights.
21.
As indicated in the petition and the copies submitted as an attachment, in response to the
revocation of her certificate of suitability by the vicar, the alleged victim filed an appeal for protection with the
Court of Appeals of San Miguel seeking to have that court protect her rights to equality before the law and the
right not to endure arbitrary interferences in her private life. That appeal was dismissed by the court on
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