Atala Riffo e hijasCase
The facts of the case relate to the international responsibility of the State for the discriminatory treatment and arbitrary interference in the private and family life suffered by Karen Átala Riffo as result of her sexual orientation in the legal proceedings which lead to the withdrawal of the care and custody of her daughters. Similarly, the case addresses the absence of consideration of the best interests of the children, whose custody and care were determined on the basis of alleged discriminatory prejudices.
The IA Court has develloped standards regarding sexual orientation as a component of identity and as a part the private life of the individual. The IA Court considers it a category protected by the guaruntee of nondiscriminiation. The Court also established that the use of assessments based in stereoypes regarding sexual orientation, or cultural preferences for certain traditional concepts of the family, are incompatible with international law when used to determine the best interest of children in relation to their care and custody.
- Presentation to the IACommission
- Nov 24, 2004
- Submission to the IACourt
- Sep 17, 2010
- IACourt / Judgment: rights violated
ACHR 1.1, 24 1.1, 19, 24 1.1, 11.2 1.1, 11.2, 17.1 1.1, 8.1, 19 1.1, 8.1
- IACourt / Judgment: rights non-violated
- Orientación sexual
- Court documents
- Documentos de la comisión
- Geolocalización de los hechos
- Geolocalización de los hechos (linked Case)
- Atala Riffo e hijas