Judicial Academy on February 8, [2012], a pact was made with the intention of cooperating
to strengthen the institutional relationship in initiatives aimed at the promotion and
protection of human rights. Both institutions agreed to jointly carry out an advanced course
called “Judicial use of international law of human rights by judicial officers’ for judges across
the country between August 26 and 30, 2013, in Santiago.”
31.
In addition, the State noted that “[f]or the 2013 academic year, the Judicial
Academy h[ad] considered the following training courses for officers of the primary eschelon
of the Judiciary: During April 23, 24, and 25, of that year, the course “Applying
International Law’ would be held with the objective that the attendees learn, analyze and
discuss the basic principles that make up the protection of rights that are essential for all
human beings in the international order, particularly those stemming from the perspective
of the American Convention on Human Rights and the Inter-American Court of Human
Rights. This course would be held in the city of Talca by the University of Concepcion.
Another course that would be held during the course of that year is “the Inter-American
System for the Protection of Rights and Control of Conventionality, [… which] would be
offered by the Center for Human Rights of the University of Chile, on May 7 to 10. Similarly,
a course entitled “ ‘Questions on sexual identity and discrimination based on sex, gender,
and sexual orientation’ during the month of July [2013]. […] Moreover, in the second
semester of 2012, the Ministry of Justice sponsored a postgraduate Diploma on
International Human Rights Law carried out by the OHCHR and the National Institute on
Human Rights.”
32.
Finally, the State reported that it was organizing the “first Dialogue on nondiscrimination, called 'No Discrimination: A step toward justice' [...] addressed to all
national and regional directors of services dependant on and related to the Ministry (such as
the Civil Registry, National Youth Service, Legal Medical Service and Gendarmerie) as well
as the Ministry of Regional Secretaries, Directors of Police Investigations and Coast Guard,
and the Public Criminal Defender. [...] The issues for discussion and dialogue will be
addressed from the perspective of certain vulnerable groups that are most exposed to
discrimination such as immigrants, people with disabilities, indigenous persons, and LGBTI
persons.”
33.
The representatives stated that “[t]he courses the State describes relate to general
issues and they are the ones that the State has been offering prior to the Judgment and
which the State made reference to during the proceedings before the Commission and then
before [the] Court. With one exception, these courses reaffirm traditional human rights
training in which gender stereotypes are perpetuated and the problem of discrimination due
to sexual orientation and gender identity is ignored.” They added that the State “did not
mention how it would prepare general education programs (campaigns) and specific
trainings of a permanent nature, [...] nor has it indicated who the recipients of such
programs would be in the State administration.”
34.
Given the foregoing, the representatives reiterated “their intention to actively
cooperate with the State in creating permanent training programs for public officials and the
Judiciary, which effectively include perspectives on gender and different sexualities.
Incorporating the judgment of this case, as well as others that involve diverse sexualities, is
only the first step in establishing effective trainings in these areas. It is necessary that the
content be prepared by organizations that handle these issues and that they be taught by
experts on human rights of LGBTI persons.” Moreover, the representatives indicated that “it
is important to assess the additional initiative reported by the State in its Second Brief
regarding a day of dialogue [...] dealing with the greatest vulnerabilities of certain groups
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