representative requested the trial court to carry out different proceedings45. Moreover, Mr.
López’ attorney requested the trial court to produce twenty-two testimonies, a request that
was also accepted by the court46. On April 3, 2003, the Juvenile Court of Villarrica received
the testimonies of six relatives of the complainant and three relatives of the respondent47.
36.
On April 8, 2003, the Juvenile Court of Villarrica held a private hearing with the
girls M., V. and R. and “a record of the private hearing was kept in a closed envelope at the
safe of the Court". The court also heard the elder son of Ms. Atala at the private hearing48.
37.
On April 10, 2003, a hearing was held to present documentary evidence49. On
April 14, 2003, the Juvenile Court of Villarrica received four testimonies from individuals
proposed by the petitioner, in particular from a psychologist and a social worker50. In this
regard, the social worker when asked whether “children raised in homosexual families suffer
adverse consequences”, indicated that “there are social consequences, such as confusing
paternal and maternal roles which affect the development of sexual identity." The social
worker added that “another of the consequences is that in Chile, according to a study [...]
on tolerance and discrimination [carried out] in 1997, the conclusion was reached that
Chileans show an outright rejection of homosexual minorities[,] expressed by 60.2 per cent
of the population. [Based] on the foregoing and taking into account this high level of
discrimination[,] the minors would be exposed to situations of social discrimination that they
would not have wished for”51.
38.
In addition to the relatives and close friends who made statements during the
hearing (supra para. 35) three domestic employees who worked at the home of the López
Atala family also made statements, indicating, among other things, that the father showed
far more concern for his daughters than Ms. Atala52. One of the workers also described the
behavior of the girls53.
and V.; vi) Christmas card made by M.; vii) copy of the decisions "in which the minors [were] recognized as
dependant relatives of the respondent"; viii) certificate of “Isapré Más Vida”; ix) copy of the grades obtained by Ms.
Atala in her profession; x) copy of the alimony arrangements made between Ms. Atala and the father of her elder
son; xi) copy of a health certificate of Ms. Atala “certifying the absence of genital herpes”; xii) copy of a health
certificate of Ms. Emma of Ramón “certifying the absence of genital herpes” xiii) copy of the negative AIDS test of
Ms. Atala; xiv) copy of the negative AIDS test of Ms. of Ramón; and xv) notary’s copy of the appointment of Ms. of
Ramón as coordinator of the regional archive of Araucanía. Brief of Ms. Atala of March 11, 2003 (record of
appendices to the application, volume I, pages 192 to 193).
45
The attorney requested: i) a report of the psychiatrist in charge of marriage counseling for Ms. Atala and
the petitioner; ii) to issue an official letter to the human rights department of the claimant’s workplace; iii) to
request the Pan American Health Organization to inform on “the date on which homosexuality was eliminated from
the catalogue of pathological conducts”; iv) to request the National Women’s Service to inform regarding the
“concept of family included in the Report of the National Commission on Family"; v) to request the General Ministry
of Government to forward the plan to overcome discrimination in Chile; and vi) to request the Director of the
Human Rights Department of the Ministry of Foreign Affairs to inform "on the international obligations assumed by
the [...] State of Chile in the field of non-discrimination for sexual orientation or identity". Brief of Ms. Atala of
March 11, 2003 (record of appendices to the application, volume I, pages 193 to 195).
46
Cf. Brief of Mr. López of March 11, 2003 (record of appendices to the application, volume I, pages 197 to
199).
47
Cf. Record of the Juvenile Court of Villarrica of April 3, 2003 (record of appendices to the application,
volume I, pages 327 to 334).
48
Cf. Record of the Juvenile Court of Villarrica of April 8, 2003 (record of appendices to the application,
volume I, pages 350 and 351).
49
Cf. Record of the Juvenile Court of Villarrica of April 10, 2003 (record of appendices to the application,
volume I, pages 352 to 373).
50
Cf. Record of the Juvenile Court of Villarrica of April 14, 2003 (record of appendices to the application,
volume I, pages 374 to 393).
51
Testimony of Edith Paola Retarnal Arevalo of April 14, 2003 (record of appendices to the application,
volume I, page 390).
52
Cf. Testimonial evidence rendered in an affidavit on April 14, 2003 before the Juvenile Court of Villarrica
by Erecilda Teresa Solis Ruíz (record of appendices to the application, volume I, page 370), Ana Delia Pacheco
16