LGBT Rights Upheld in Historic Inter-American Court Ruling

Karen Atala

“Based on both American regional standards and international jurisprudence, the Court has ruled that LGBT people must live free from discrimination, whether as parents or in any other aspect of their lives.”
-Jessica Stern, Director of Programs IGLHRC

(New York, March 22, 2012) — On Tuesday, the Inter-American Court of Human Rights condemned the Government of Chile for its 2003 Supreme Court ruling which stripped Karen Atala, a lesbian mother and judge, of custody of her three daughters on the basis of her sexual orientation. The 2003 ruling determined that if her daughters remained in her custody, they would be in a “situation of risk” due to their “unique family.” This is the first time the Inter-American Court of Human Rights has ever heard a case specifically regarding sexual orientation or gender identity.

The Court’s landmark ruling found that Chile not only violated Atala’s right to equality and non-discrimination but affirms for the first time in its history that sexual orientation and gender identity are protected categories and such discrimination violates international law. It represents a historic victory for lesbian, gay, bisexual and transgender (LGBT) rights in Chile and around the world.

Calling on Cameroon government to end the persecution of gays and lesbians and repeal laws that criminalize consensual same-sex relations

Press Release from Amnesty International

The Cameroonian authorities must end the persecution of gays and lesbians and repeal laws that criminalize consensual same-sex relations, five human rights organizations said today in an open letter to the President of Cameroon, Paul Biya.

Amnesty International and Human Rights Watch joined the International Gay and Lesbian Human Rights Commission (IGLHRC), L’Association pour la Défense des Droits des Homosexuel(le)s (ADEFHO) and Alternatives Cameroun in urging the government to release all individuals detained under the discriminatory law.

“This use of criminal law to punish private sexual activity between consenting adults contravenes international human rights laws that Cameroon has signed and ratified,” said Salil Shetty, Secretary General of Amnesty International. “We are receiving an increasing number of reports that individuals are being targeted not only because of their sexual behaviour, which is the subject of these discriminatory laws, but because of their real or perceived sexual orientation or gender identity. This use of criminal law to punish identities, as well as behaviours, is deeply concerning,” he added.

The organizations also ask that the government take steps to ensure the end of detentions, arrests and harassment of individuals on the grounds of their real or perceived sexual orientation or gender identity.