Abstract

RODRIGUEZ JIMENEZ, Sonia. Karen Atala Case, between Two Parameters: Sexual Preferences and the Best Interest of the Child. Bol. Mex. Der. Comp. [online]. 2012, vol.45, n.135, pp.1271-1322. ISSN 2448-4873.

The paper discusses the novel case of Karen Atala vs. Chile and the challenge faced by the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights to determine the principle of the "child's best interest" when the parent has a "different" sexual orientation. The paper discusses the balance of three fundamental principles involved in the issue: no discrimination, equality, and the "child's best interest". Recently the Inter-American Court of Human Rights has decided the case abiding by what was determined by the Inter-American Commission on Human Rights. A decision that we agree was correctly based on the reasoning that the capacity of a person to play the role of a parent does not depend on his or hers sexual orientation, nor does it depend on stereotypes, or traditions that ignore the concrete case under judgment.

Keywords : Karen Atala; child's best interest; no sexual orientation; no discrimination.

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