''Atala Riffo and Daughters v. Chile'' (Spanish: ''Atala Riffo y Niñas vs. Chile'') was an LGBT rights child custody case in the

Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a huma ...

, which reviewed a Chilean court ruling that in 2005 awarded custody to a father because of the mother's sexual orientation. In 2012, the IACHR ruled in favor of the mother. It was the first case the Inter-American Court took regarding LGBT rights. The Court's ruling also determined sexual orientation to be a

suspect classification In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination. These classes receive closer scrutiny by courts when an Equal Protec ...

Child custody

Karen Atala Riffo is a Chilean judge and lesbian mother of three daughters. Atala was separated from her husband in 2001, and originally reached a settlement with her ex-husband that she would retain custody of the children. When Atala came out as a lesbian in 2002, however, the ex-husband sued for custody, where the case was eventually heard by the

Supreme Court of Chile The Supreme Court of Chile is the highest court in Chile. It also administers the lower courts in the nation. It is located in the capital Santiago. In the Chilean system, the court lacks the broader power of judicial review—it cannot set bindin ...

. That court awarded the husband custody, saying that Atala's relationship put the development of her children at risk.

IACHR appeal

In late 2004, Atala took the case to the

Inter-American Commission on Human Rights The Inter-American Commission on Human Rights (the IACHR or, in the three other official languages Spanish, French, and Portuguese CIDH, ''Comisión Interamericana de los Derechos Humanos'', ''Commission Interaméricaine des Droits de l'Homme'', ...

, supported by amicus briefs from a number of rights organizations including the National Center for Lesbian Rights. In 2008, the Commission ruled that the case was admissible to the Court, as it concerned Article 24 of the American Convention on Human Rights concerning equal protection. This marked the first time the IACHR had taken an LGBT rights case. In 2010, the Court ruled that sexual orientation was a suspect class, and that in Atala had been discriminated against in the custody case in ways incompatible with the American Convention. In 2012, the court further awarded custody and damages of USD $50,000 damages and $12,000 in court costs. Chile's Minister of Justice,

Teodoro Ribera Teodoro Javier Ribera Neumann (born 25 May 1958) is a National Renewal (Chile), National Renewal politician and the former Ministry of Foreign Affairs (Chile), Minister of Foreign Affairs of Chile. He was the Justice ministry, Minister of Justice ...

said that Chile would abide by the ruling.Chile: Landmark Gay Rights Ruling
Simon Romero, '' The New York Times'', 21-03-2012, access date 25-03-2012

As precedent

In December 2012, Mexico's highest judicial body, the

Supreme Court of Justice of the Nation The Supreme Court of Justice of the Nation ( es, Suprema Corte de Justicia de la Nación (SCJN) is the Mexican institution serving as the country's federal high court and the spearhead organisation for the judiciary of the Mexican Federal Go ...

, unanimously struck down an Oaxaca law which prohibited same-sex marriage, with a decision based in part in the ''Atala'' ruling's prohibition of "any rule, act, or discriminatory practice based on sexual orientation".

References

External links

Inter-American Commission on Human Rights Decision, March 2010

Inter-American Court of Human Rights Ruling, February 2012
LGBT rights case law 2012 in case law LGBT rights in Chile Legal history of Chile Trials regarding custody of children Inter-American Court of Human Rights cases 2012 in LGBT history

Child custody

IACHR appeal

As precedent

References

Further reading

External links