Inter-American Court of Human Rights

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Discriminatory torture of an LGBTI person: landmark precedent set by the Inter-American Court (Azul Rojas Marín and Another v. Peru)

In the midst of the coronavirus crisis, the Inter-American Court of Human Rights (IACtHR) has issued a landmark judgment in the case of Azul Rojas Marín and Another v. Peru, enhancing the rights of LGBTI persons, and setting new standards with the potential to reduce the levels of violence suffered by this group both within and beyond the Americas. Through this case the IACtHR has developed the concept of “violence motivated by prejudice”; it concluded that discrimination based on sexual orientation can lead to arbitrary detentions of LGBTI people; it has developed its understanding of discriminatory torture; and it has set specific due diligence standards to ensure the effective investigation of these cases. The Court has ordered Peru to provide reparations to Azul including the implementation of important guarantees of non-repetition. The case of Azul is not an isolated decision to protect LGBTI rights in the Inter-American System. Both the Inter-American Commission (IACHR) and IACtHR have been at the forefront of the protection of LGBTI rights, as illustrated by the Court’s…

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The Inter-American Court’s Advisory Function Continues to Boom – A few comments on the requests currently pending

    Just on the same day that Evo Morales had asked the Bolivians to re-elect him for the fourth time as President, Colombia’s President Iván Duque apparently followed his words with deeds by filing a further request for an advisory opinion to the IACtHR. Already in his opening speech at the occasion of the Court’s last…

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Holding States to Account for Gender-Based Violence: The Inter-American Court of Human Rights’ decisions in López Soto vs Venezuela and Women Victims of Sexual Torture in Atenco vs Mexico

In two recent decisions, the Inter-American Court of Human Rights (IACtHR) has affirmed the existing binding obligations of States to address gender-based violence against women by State and non-State actors. The López Soto vs Venezuela decision (published in November 2018) is the IACtHR’s first ruling on State responsibility for acts of sexual torture and sexual slavery by…

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What implementation of judgments looks like – or doesn’t? –: the case of the Molina Theissen family in Guatemala

On 27 September 1981, Emma Molina Theissen, member of the Patriotic Labor Youth, was detained by the armed forces and taken to the “Manuel Lisandro Barillas” Military Barracks (MLB-MB), where she was subjected to psychological and physical torture, including sexual violence. She was deprived of food and water, losing so much weight that, after nine days, on…

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Inter-American Court of Human Rights condemns Venezuelan regime’s political persecution against the opposition in the San Miguel Sosa and others case

The Inter-American Court of Human Rights (hereinafter, IACtHR) published a recent decision (only available in Spanish) in the San Miguel Sosa and others vs. Venezuela case, by means of which it rebuts frequent arguments relied on by the Chavista[d1] –i.e. based on the ideas of former president Hugo Chávez— regime of Nicolás Maduro that label external and foreign…

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