卡伦·阿塔拉和女儿们的案例:更好地理解歧视、平等和妇女权利

Rosa M. Celorio
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引用次数: 1

摘要

本文讨论了Karen Atala及其女儿案对妇女权利标准发展的潜在遗产和影响;这是美洲人权体系关于基于性取向的歧视的第一项裁决。作者认为,这一判决在与不歧视义务、保障平等义务和妇女权利有关的五个关键领域对国际人权法作出了重要贡献,包括:1)《美洲公约》第1.1条和第24条规定的不歧视和保障平等义务的范围和范围;2)“严格审查”标准的特点及其对被禁止的歧视因素的适用性;3)禁止基于性倾向和性别认同的歧视,并将其适用于涉及妇女的个案;(4)这项禁令与国际人权法规定的隐私权和保护家庭的关系;5)国际人权法下儿童最大利益的内容。本文的结论是,美洲委员会和人权法院进一步界定在个别案件中不歧视和保证平等的义务的内容和范围——例如与卡伦·阿塔拉和女儿有关的案件——对于制定与妇女权利有关的充分和有效的国际法律标准至关重要。这些义务极为重要,因为它们构成了美洲间和普遍人权制度的支柱。它们也是涉及公民、政治、经济、社会和文化权利的优先妇女权利问题。提交人还认为,最重要的是要理解不歧视和保证平等的义务与尊重和保障妇女权利的义务所涉及的全部人权之间的联系,包括与她们的性取向、性别认同、隐私和家庭有关的权利。在这个意义上的法律发展也将为美洲委员会和国际法院解决涉及基于性别影响妇女的各种歧视形式的案件以及国际社会尚未承认为“禁止”或“可疑”的其他歧视因素打开大门。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Case of Karen Atala and Daughters: Toward a Better Understanding of Discrimination, Equality, and the Rights of Women
This article discusses the potential legacy and impact in the development of women’s rights standards of the case of Karen Atala and Daughters; the first ruling of the inter-American human rights system related to discrimination on the basis of sexual orientation. The author suggests that this judgment makes key contributions to international human rights law in five key areas related to the obligations not to discriminate, the guarantee of equality, and the rights of women, including: 1) the scope and reach of the obligations not to discriminate and to guarantee equality under articles 1.1 and 24 of the American Convention; 2) the features of the “rigorous scrutiny” standard and its applicability to prohibited factors of discrimination; 3) the prohibition of discrimination on the basis of sexual orientation and gender identity, and its applicability to individual cases related to women; 4) the correlation of this prohibition with the rights to privacy and to protection of the family under international human rights law; and 5) the content of the bests interests of the child under international human rights law. This article concludes that further definition by the Inter-American Commission and Court of Human Rights of the content and scope of the obligations not to discriminate and to guarantee equality in individual cases—such as the one related to Karen Atala and Daughters—is paramount to the development of adequate and effective international legal standards related to women’s rights. These obligations are of utmost importance as they constitute the backbone of the inter-American and universal systems of human rights. They are also priority women’s rights issues pertaining to civil, political, economic, social, and cultural rights. The author also contends that it is paramount to understand the connection between the obligations not to discriminate and to guarantee equality, and the full panoply of human rights involved in the obligation to respect and guarantee the rights of women, including those related to their sexual orientation, gender identity, privacy, and family. Legal developments in this sense will also open the door for the Inter-American Commission and the Court’s resolution of cases involving forms of discrimination that affect women based on their sex, and other factors of discrimination still unrecognized as “prohibited” or “suspect” by the international community.
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