Karen Atala - IACHR Appeal

IACHR Appeal

In late 2004, Atala took the case to the Inter-American Commission on Human Rights, 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 said that Chile would abide by the ruling.

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