III
COMPETENCE
15.
The Inter- American Court has jurisdiction over this case in accordance with Article
62.3 of the American Convention, given the fact that Chile has been a State Party to the
American Convention since August 21, 1990 and accepted the binding jurisdiction of the
Court on that same date.
IV
EVIDENCE
16.
Based on the provisions of Articles 46, 49 and 50 of the Rules of Procedure, as well
as on the Court’s case law regarding evidence and assessment thereof26, the Court shall
now examine and assess the documentary evidence forwarded by the parties at the
different procedural stages, the statements of the alleged victim, the testimonies and expert
opinions rendered by affidavit and at the public hearing before the Court, as well as
evidence to facilitate adjudication of the case. In doing so, the Court shall adhere to the
principles of sound judgment, within the applicable legal framework27.
A.
Documentary, Testimonial and Expert Evidence
17.
The Court received the affidavits rendered by the following seven expert witnesses
and six witnesses :
a)
Stefano Fabeni, an expert witness proposed by the Commission, Director of
the program on the LGTBI community (Lesbian, gay, bisexual, transgender and
intersexual people) of the Global Rights Organization, who rendered an expert
opinion regarding: i) the legislative and other types of measures that a State must
adopt to prevent discrimination based on sexual orientation in the exercise of public
power, and in particular, in the judiciary and ii) the different elements that must be
taken into account when formulating and applying public policies to eradicate and
prevent discriminatory prejudices based on sexual orientation in that sphere;
b)
Leonor Etcheberry, an expert witness proposed by the representatives, a
lawyer and professor of Family Law at Diego Portales University in Chile, who
rendered an expert opinion on: “the manner in which custody proceedings are
reviewed and decided under Chilean law and its connection with the way in which the
proceeding [...] by the Judge in the Atala Riffo case was carried out";
c)
Fabiola Lathrop, an expert witness proposed by the representatives, a lawyer
and Professor of Family Law at the University of Chile, who rendered an expert
opinion on: concepts related to custody in Chile and in comparative law, with an
emphasis on discrimination based on sexual orientation;
26
See Case of the “White Van” (Paniagua Morales et al) v. Guatemala. Reparations and Legal Costs.
Judgment of May 25, 2001. Series C No. 76, para. 50 and Case of Chocrón Chocrón v. Venezuela. Preliminary
Objections, Merits, Reparations and Legal Costs. Judgment of July 1, 2011. Series C Nº. 227, para. 26.
27
See Case of the “White Van" (Paniagua Morales et al) v. Guatemala, Merits. Judgment of March 8, 1998.
Series C, Nº 37, para. 76; and Case of Chocrón Chocrón, supra note 13, para. 26.
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