3. Adopt the necessary state measures to ensure that persons working in the
Ecuadorean Ground Forces or any component of the Ecuadorean Army are not
subjected to discrimination on the basis of their sexual orientation, whether actual
or perceived.
4. Take the necessary state measures so that personnel of the Ecuadorean Ground
Forces or any component of the Ecuadorean Army, as well as courts of military
law, are knowledgeable about inter-American standards, and about Ecuadorean
domestic law, with respect to non-discrimination on the basis of sexual orientation,
whether actual or perceived.
5. Take the necessary state measures to guarantee the right to due process when
military members are judged by courts under disciplinary proceedings, including
the right to an impartial judge or tribunal.
In addition to the need to obtain justice, the Commission finds that the case raises issues of
inter-American law and order. This is the Inter-American Court's first opportunity to rule on
punitive actions of states based on a person's sexual orientation, whether actual or perceived.
Specifically, the Court is asked to rule on the compatibility with the principle of equality and nondiscrimination of regulations and procedures that, with the stated purpose of maintaining discipline
or order in a military institution, punish sexual acts between persons of the same sex, or have the
effect of punishing its members for their sexual orientation, whether actual or perceived.
Because these questions have a significant effect on inter-American law and order, in
keeping with Article 35.1.f of the Rules of Procedure of the Inter-American Court, the
Commission wishes to offer the following expert testimony:
An expert, whose name will be given shortly, who will testify on the development of
international human rights law and of comparative constitutional law as regards the use by states of
punitive measures against a person for his or her sexual orientation, considering the principle of
equality and non-discrimination. Specifically, the expert will refer to the punitive exercise of
power, expressed in rules of military discipline that punish, or have the effect of punishing, sexual
acts between persons of the same sex. The expert will also testify on the regulation and application
of different punishments for sexual acts between persons of the same sex in comparison with other
sexual acts. The expert will discuss stereotypes and discriminatory prejudices that are usually
present in cases relating to punishments for a person's sexual orientation, whether actual or
perceived, and will develop the specific content of the state's obligations to address them and
prevent their perpetuation.
The curriculum vitae of the proposed expert will be included in the annexes to report 81/13
on the merits.
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