The international court of Human Rights is set to recognize the same-sex marriage in Latin America. The Inter-American court under the American Convention on Human Rights has declared ‘gender identity’ as a category for nondiscrimination.
This command of the court has been accepted by twenty nations of America and will be pressured to implement the decision.
The 20 countries are Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, EL Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, and Uruguay.
The countries like Brazil, Uruguay, Argentina, and Colombia have already legalized the same-sex marriage, as well as others, recognize civil unions. However, the others have not identified either of the rights. Those countries now are ready to accept and welcome the new laws.
According to The Daily Signal, “The case originated from Costa Rica, which requested an advisory opinion from the court on whether its domestic law violated international law, as it does not facilitate name changes based on gender identity, nor recognize patrimonial rights of same-sex partnerships.”
“Advisory opinions are not even binding on the country that asked the question, let alone the other 19 nations that have accepted the court’s jurisdiction. However, the court ignored this legal reality and called upon the countries to issue temporary decrees recognizing same-sex marriage until new legislation can be enacted by those countries.”
This decision made by the court is against the rules of the American Convention on Human Rights, as the court is not the authorized party to edict such order. The event can be seen as the latest example of judicial activism.