This is the case of Atala Riffo and Niñas vs. Chile,
which was taken up to the Inter-American Court of Human Rights on September 17th
2010. This is the reality of a denunciation and accusation against Chile for
its interference and discriminated attitude towards Karen Atala and the custody
of her daughters. The Chilean responsibility of this discriminated violence was
because the State didn’t respect the sexual tendency and orientation of Atala.
This lead to a result that made Atala quit and give up the care and custody of
her children. The trial and investigation was set since there was the
presumption that Chile didn’t respect some of the universal principles such as
equal treatment, judicial protection and no discrimination (Article 1 and 24 of
the American Convention).
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Video of Karen Atala: http://vimeo.com/album/1682603/video/28419540
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Under this case, it’s important to understand that
Atala is known and considered as the first and only lesbian judge in Chile. Her
personal and sexual status has taken her to be part of a complex and difficult
situation. Throughout the last months, Atala has fought for the respect and acceptance
of her sexual status and for the custody of her daughters. Furthermore, the Inter-American
Commission of Human Rights (IACHR) has shown its support toward Atala. Also the
IACHR has forwarded the case to the Court, who emitted the judgment and
sentence considering that the Chilean State is responsible for the violation of
several rights against Atala.
From one point of view, it’s important that the IACHR
and the Inter-American Court considered some violations like discrimination,
interference in privacy, equality, liberty to be heard (Articles 1, 19, 11, 17,
24 of the American Convention) that were not enforced in this case. Atala is a
free woman, and her decisions should be respected. She shouldn’t be judged and
isolated just because of her sexual tendency and lesbianism. She should have
access to exercise any rights just as any other human being. On the other side,
it is true that the State has taken the wrong actions in order to handle this
case and the interference in the personal life of Atala. However, this case
also implies and involves her daughters and the influence that Atala and her
lesbianism can have in them.
This
takes us to analyze the case from a different perspective. The fact that Atala
is a lesbian mother can have an impact and effect on her daughters. This means
that the IACHR should also consider that her daughters might have to face some
violations and actions that can affect their personal life and future as they
grow up. All of these shows how there are violations that implicate the
importance of this case that has taken years to be approved and investigated.
On the other side, this case has led to a controversy and conflict between the
local courts rulings against International standards, due to the fact that both
of them defend and assist the case differently.
Atala has the right to defend her rights as any other
woman. She might be a lesbian but she still knows what it is to be a mother and
to have her daughters taken apart from her. Her sexual orientation does have an
impact and will influence the life of her daughters, but is should take more
than just the State to decide the custody of them. The IACHR and the Court have
done the right thing by protecting Karen Atala and by attending her case, but
her case goes deeper in. This means that it doesn’t only embraces Atala and
violations against her rights, but her daughters also become a big part of this
situation. Their role is fundamental into deciding whether Atala should have
the custody and care over her daughters or not.
"Caso Atala Riffo E Hijas Vs. Chile." Video blog post. On Vimeo. Vimeo,
2011. Web. 110 Nov. 2012. <http://vimeo.com/album/1682603>.
"Atala Riffo vs.
Chile: La Homosexualidad Entra a Escena En El Sistema Interamericano." Web log
post. El Juego De La Suprema Corte. Blog De La Revista Nexos, 10 Apr. 2012. Web. 11 Nov. 2012.
<http://eljuegodelacorte.nexos.com.mx/?p=1850>.
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