PARTIALLY DISSENTING OPINION OF JUDGE ALBERTO PÉREZ PÉREZ
IN THE JUDGMENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF ATALA RIFFO AND DAUGHTERS v. CHILE
FEBRUARY 24, 2012
1.
I have voted against operative paragraph 4, according to which “the State is
responsible for violating Articles 11.2 and 17.1” of the American Convention, in
consideration that it should only have mentioned a violation of Article 11.2, because given
the facts of the present case: I) it is sufficient to declare a violation of Article 11.2, and II) it
is not necessary or prudent to declare a violation of Article 17 which could be taken as an
implicit pronouncement on the interpretation of various provisions of said Article.
I.
IT IS SUFFICIENT TO INVOKE ARTICLE 11.2
2.
The American Convention on Human Rights enshrines rights related to the family in
Article 11.2 and Article 17, and similarly contains important references to the family in
Articles 19, 27.2 and 32.1:
Article 11. Protection of Honor and Dignity
1. Everyone has the right to have his honor respected and his dignity recognized.
2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home or
his correspondence, or of unlawful attacks on his honor or reputation.
Everyone has right to the protection of the law against such interference or attacks.
Article 17. Protection of the Family
1. The family is the natural and fundamental group unit of society and is entitled to protection by society
and the State.
2. The right of men and women of marriageable age to marry and to raise a family shall be recognized, if
they meet the conditions required by domestic laws, insofar as such conditions do not affect the principle of
non-discrimination established in this Convention.
3. No marriage shall be entered into without the free and full consent of the intending spouses.
4. The States Parties shall take appropriate steps to ensure the equality of rights and the adequate balancing
of responsibilities of the spouses as to marriage, during marriage, and in the event of its dissolution. In case
of dissolution, provision shall be made for the necessary protection of any children solely on the basis of
their own best interests.
5. The law shall recognize equal rights for children born out of wedlock and those born in wedlock.
Article 19. Rights of the Child
Every minor child has the right to the measures of protection required by his condition as a minor on the
part of his family, society and the State.
Article 27. Suspension of Guarantees
1. in time of war, public danger, or other emergency that threatens the independence or security of a State
Party, it may take measures derogating from its obligations under the present Convention to the extent and
for the period of time strictly required by the exigencies of the situation, provided that such measures are
not inconsistent with its other obligations under international law and do not involve discrimination on the
grounds of race, color, sex, language, religion or social origin.
2. The foregoing provision does not authorize the suspension of the following Articles: 3 (Right to Juridical
Personality); Article 4 (Right to Life); Article 5 (Right to Humane Treatment); 6 (Freedom from Slavery); 9
(Freedom from Ex Post Facto Laws); 12 (Freedom of Conscience and Religion); 17 (Rights of the Family); 18
(Right to a Name); Article 19 (Rights of the Child); Article 20 (Right to Nationality), and Article 23 (Right to
Participate in Government), or of the judicial guarantees essential for the protection of such rights.
3. (…).