such as immigrants, persons with disabilities, indigenous persons, and the LGBTI population
against discrimination. However, it is important to note that a day event, lasting half a
morning wherein various issues are addressed, one of which is the situation of LGBTI
persons, does not constitute a permanent training program for public officials.”
35.
Therefore, the representatives asked the Court “to urge the State to submit short,
medium, and long term education (campaign) and training plan on the rights of people of
diverse sexual orientation and sexual identity.” Moreover, they also asserted that “[t]he
guarantees of non-repetition [impose] upon the State of Chile the permanent obligation to
provide education and training to all public officials at regional and national levels of the
State and particularly judicial officers of all areas and levels.”
36.
The Commission stated that it “agree[d] with the representatives of the victims in
the sense that the courses listed by the State did not respond specifically to some of the
central aspects of this measure of reparation. The first is permanence, in that they do not
involve isolated initiatives but rather that they should involve a policy that is sustainable for
the long-term. Another aspect is the content of the training in that it relate to the subject
matter of the case for which the measure of reparation was ordered.”
Considerations of the Court
37.
In paragraph 271 of the Judgment, the Court ordered the State to continue
implementing continuous educational programs and training courses in: i) human rights,
sexual orientation, and non-discrimination; ii) protection of the rights of LGBTI community;
and iii) discrimination, overcoming gender stereotypes of LGBTI persons and homophobia.
Moreover, it established that the courses must be directed at public officials at the regional
and national levels, and particularly at judicial officials of all areas and levels of the judicial
branch.
38.
In this regard, the Court takes into account the information submitted by the State
on the courses that have been taught and will be taught on the subject of human rights in
Chile. However, based on the information provided by the parties and the Commission, the
Court considers that the State has no information to conclude that the programs offered by
the State deal specifically with topics that were established in the Judgment. Moreover, the
State has not submitted information that would allow the Court to assess whether these are
permanent programs and courses, as well as to whom these courses are targeted.
Therefore, the Court considers it necessary to continue monitoring compliance with this
point, and it requires the State to submit relevant information regarding compliance with
this obligation.
E.
Obligation to pay the amounts stipulated in the Judgment, as compensation
for pecuniary and non-pecuniary damages, and reimbursement of costs and
expenses, as corresponds, within a period of one year, as of the notification of the
Ruling (operative paragraph six)
39.
The State reported that on October 30, 2012, the payment of compensation for
pecuniary, non-pecuniary, and reimbursement of costs and expenses in favor of Ms. Atala
was ordered and formal delivery of the check was made on November 13, 2012, and it was
received by the representatives of the victim on November 21, 2012.
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