Human Rights: Atala Riffo and Daughters vs Chile - Essay Example

Human Rights: Case of Atala Riffo and Daughters Vs Chile. In November 1969, social activists and legal experts successfully created a legal documentation system dubbed American Convention on Human rights. This system belongs to the large family constituting the Organization of American States. The convention seeks to establish standardized guidelines of ensuring prevalence of social justice within American states. In this case, the convention bounds responsibilities to state authorities meant to ensure continued respect of basic human rights in their operations. Articles published within the convention contain numerous provisions meant to govern the conduct of state offices and authorities in relation to individuals and the society at large (Smith 65). After finalizing all articles in the convention, appropriate legal systems took over as the guardians of human rights; hence are responsible for conducting legal contentions relating to the conventions’ provisions. In this context, the Inter-American Court of Human Rights poses as a judicial body responsible for oversight and advocating for acknowledgment of human rights within American societies. In this essay, we will appraise one illustrative case conducted under the jurisdiction of Inter-American Court of Human Rights. In late 2005, the Inter-American Court of Human Rights (IACHR) started hearing a case of Atala Riffo and Daughters Vs Chile. The case was an appeal on a prior ruling by a Chilean court system concerning child custody. In early 2005, Chilean legal system accorded full child custody to a father of three daughters within a divorced family setting. The earlier decision resulted from the consideration that the daughters’ mother had a non-conventional sexual orientation, thus will not deserve the custody of her daughters. In 2012, IACHR gave out a verdict, which ruled in favor of the daughters’ mother. According to the verdict report, the later ruling took into consideration the fact that Chilean legal system violated provisions of the American Convention on Human Rights. This case features as the first case conducted by the Inter-American court, which concerns the lights of lesbian, gay, bisexual and transgender (LGBT) members of the society (Smith 68). IACHR said that American Convention provides detailed and positive rights awarded to people belonging to non-conventional sexual orientations. In this case, the Chilean government went contrary to provisions of the convention in establishing its early ruling. With respect to the case on Atala Riffo and Daughters Vs Chile, Chilean court violated the law regarding sexual orientation envisaged within the American Convention on Human Rights. Within chapter 2, article 24 of the American convention, every American citizen should receive equal treatment before the law (Schutter 45). The provision emphasizes that all individuals, irrespective of gender or sexual orientation remains equal under the law. In addition, the article postulates that the state shall not direct any discrimination towards any individual; hence all people deserve equal protection of the law (Schutter 52). In addition, the other provision violated is found in chapter 2, article 10 of the American Convention on Human Rights. This provision states that every individual has a right to proportional compensation from damages suffered after a court sentence, in which the final verdict resulted from a miscarriage of justice. Finally, the third provision violated by Chilean court is regarding the rights of Children. According to article 19 of the American Convention on Human Rights, every child has a right to be heard, both at family and state levels, in order to determine whether the child has been injured by an act under deliberation (Schutter 61). With respect to Chilean Supreme court ruling, Atala, who is the lesbian mother of three daughters, received direct discrimination as a result of her sexual orientation. Chapter 24 explicitly asserts that all individuals are subject to equal treatment under the law. In the ruling, Chilean Supreme Court administered unequal treatment between Atala and his husband. Actually, Atala received pronounced discrimination as a result of her sexual orientation. Consequently, Inter-American Court concluded that Atala’s sexual orientation falls under suspect classification. This means that Atala received discrimination because her sexual orientation featured as a suspect class within Chilean legal system during the early ruling. Apart from discrimination, the mother of three daughters did not receive compensation for legal fees incurred and damages suffered during the judicial process. With respect to article 10 of the convention, aggrieved parties should receive monetary compensation whenever there is a miscarriage of justice (Schutter 73). The ruling of Atala’s case based on sexual orientation is a sufficient evidence of justice miscarriage. In addition, the court usually judge cases on child custody after hearing the involved children, provided they possess substantial cognitive functioning that can allow them to make rational and logical opinions on their status. Based on the court’s interpretation, chapter19 emphasize that children should be heard. Upon hearing the minors, the court shall take into consideration resultant opinions in determining final verdicts. IACHR considered the possibility that Chilean Supreme Court failed to obtain the daughters’ opinion regarding the issue of custody. Therefore, the court could not objectively determine whether or not the children were injured parties (Schutter 87). In this case, Chilean court neglected the influence of genuine opinions of affected children in determining the verdict. Subsequently, one can understand that Chilean Supreme court violated various articles within the American convention, which renders its early ruling unacceptable as per the convention’s provisions. International jurisdiction and American jurisprudence at large are keen on aspects concerning suspect classification. American courts are aware of the fact that individuals perceived as aliens or possessing unconventional attributes within a diverse environment are at risk of discrimination (Smith 39). Therefore, objective and fair legal systems strives to award equal protection to those experiencing discrimination. In the Chilean ruling, the Supreme Court said that Atala was unfit for children custody because of her sexual orientation. According to the court’s judges, the mother’s sexual orientation would compromise the desired development of children into adulthood. Based on this ruling, the Inter-American Court relied on the mother’s sexual orientation as evidence of suspect classification. Therefore, Chile discriminated against the mother; hence violating the provision concerning equal protection of the law. On the other hand, the evidence presented on compensation involved the damages suffered as a result of the notable miscarriage of justice. Violation of the equal protection provision results into a corresponding abortion of justice (Schutter 78). In addition, evidence on neglect of children opinion emerges after IACHR learned that Chilean Supreme Court failed to obtain informed consent from the daughters. After thorough consideration of all the violations made by the Chilean court, Inter-American Court on Human Rights ruled the custody case in favor of the lesbian mother. As a result, the first remedy involved awarding the aggrieved mother full custody of her three daughters. On the other hand, convention articles say that children deserved the right to be heard (Smith 77). As a result, the three daughters confirmed that they were not under any threat and abuse from their mother sexual orientation. Finally, the Chilean government paid compensation for damages and costs incurred by the mother during the judicial process. In this case, Atala received $50,000 as damages for emotional and social disturbances caused by the early ruling the Chilean Supreme Court (Schutter 124). In addition, the mother received $ 12, 000 as compensation for legal expenses incurred throughout the judicial process. In conclusion, one can acknowledge the role played by Inter-American Court on Human Rights in ensuring prevalence of social justice within American societies. The court derives its operation principles and legal framework from articles envisaged in the American Convention of Human Rights (Smith 90). IACHR ensures that all rulings made by state courts do not violate even a single provision within the convention articles. In case of any violation, the Inter-American court presents substantial evidence in restructuring early ruling made through violation of the articles. In addition, the court holds state institutions responsible for compensations on damages and costs incurred by aggrieved parties during first and appellate judicial processes. Works Cited Schutter, Davidson. International Human Rights Law: Cases, Materials and Commentary. New York: John Wiley and Sons, 2013. Print Smith, James. The Practice and Procedures of the Inter-American Court of Human Rights. Cambridge: Cambridge University Press, 2012. Print. Read More