Atala Riffo and Daughters v. Chile

This case concerns the discriminatory treatment and arbitrary interference in the private and family life of Ms. Karen Atala Riffo. Ms. Atala Riffo is a Chilean judge and a lesbian mother of three daughters. She separated from her husband in 2001, and originally reached a settlement with her ex-husband that she would retain custody of the children. When she came out as a lesbian in 2005, however, the ex-husband sued for custody, where the case was eventually heard by the Supreme Court of Chile. That court awarded the husband custody, saying that Ms. Atala Riffo's relationship put the development of her children at risk. The Inter-American Court found that the State violated the American Convention on Human Rights. It was the first case the Court took regarding LGBT rights.

 

Year: 
2012
Country: 
Did the State Accept International Responsibility?: 
No
Did the State Raise Preliminary Objections?: 
No
Separate Opinions: 

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Loyola Law School

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Los Angeles, CA 90015

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