discrimination based on sexual orientation, gender identity and expression.”
The
representatives considered that these courses “should be imparted by the Administrative
Corporation of the Judiciary at all levels” of the justice system. Furthermore, they
requested a budget allocation for the National Human Rights Institute to enable it to
implement programs for the prevention of “discrimination, dissemination, and human rights
education and research.”
270. The State reported that training has been carried out “on diversity and nondiscrimination issues, especially for officials of different public institutions throughout the
national territory, with the aim of disseminating the different national and international
instruments for the protection of diversity.”
271. The Court takes notes the advances made by the State in its training programs and
activities directed at public officials. Notwithstanding this progress, the Court orders 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. 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.
272. In these programs and training courses, special mention must be made of both the
present Judgment and the various precedents of the corpus iuris of human rights related to
the prohibition of discrimination based on sexual orientation and the obligation of all
authorities and officials to guarantee that all persons, without discrimination based on
sexual orientation, may enjoy each and every one of the rights established in the
Convention. To this end, special attention should be paid to norms or practices in domestic
law which, either intentionally or because of their results, may have discriminatory effects
on the exercise of rights by persons belonging to sexual minorities.
b. Adoption of domestic measures, reforms, and adaptation of laws against
discrimination
273. The Commission requested the Court to order the State of Chile to “adopt [...]
legislation, public policies, programs and initiatives to prohibit and eradicate discrimination
based on sexual orientation in all areas of the exercise of public power, including the
administration of justice.”
274.
The representatives requested that the Court order measures aimed at reforming
existing legislation in Chile. Specifically, they requested that a “Message of Utmost
Urgency” be sent regarding the draft law establishing anti-discriminatory measures (Bulletin
3815-07) in order to ensure that said draft legislation expressly prohibits discrimination
based on sexual orientation and “provides legal remedies to lodge a claim” for a violation. In
addition, the representatives called for the repeal and amendment of all regulations that
“pursuant to Article 2 of the Convention would [enter into] conflict with the right to equality
between people, perpetuating and validating discrimination based on sexual orientation.”
275.
The State indicated that the Supreme Court’s decision does not assume “the
presence of a constant and protected practice in the law (or in the insufficient regulation
thereof) that might allow [...] domestic courts [...] to interpret custody laws in a
discriminatory manner with regard to the parents’ sexual orientation.” The State added that
“Chilean legislation concerning the determination of custodial rights does not establish direct
or indirect [...] discrimination due to the sexual preference of the parents.”
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