Human Rights Essay Example | Topics and Well Written Essays - 1000 words - 1

Human Rights - Essay Example Articles published within the convention contain numerous provisions meant to govern the conduct of state offices and authorities in relation to individuals and the society at large (Smith 65). After finalizing all articles in the convention, appropriate legal systems took over as the guardians of human rights; hence are responsible for conducting legal contentions relating to the conventions’ provisions. In this context, the Inter-American Court of Human Rights poses as a judicial body responsible for oversight and advocating for acknowledgment of human rights within American societies. In this essay, we will appraise one illustrative case conducted under the jurisdiction of Inter-American Court of Human Rights. In late 2005, the Inter-American Court of Human Rights (IACHR) started hearing a case of Atala Riffo and Daughters Vs Chile. The case was an appeal on a prior ruling by a Chilean court system concerning child custody. In early 2005, Chilean legal system accorded full child custody to a father of three daughters within a divorced family setting. The earlier decision resulted from the consideration that the daughters’ mother had a non-conventional sexual orientation, thus will not deserve the custody of her daughters. In 2012, IACHR gave out a verdict, which ruled in favor of the daughters’ mother. ... IACHR said that American Convention provides detailed and positive rights awarded to people belonging to non-conventional sexual orientations. In this case, the Chilean government went contrary to provisions of the convention in establishing its early ruling. With respect to the case on Atala Riffo and Daughters Vs Chile, Chilean court violated the law regarding sexual orientation envisaged within the American Convention on Human Rights. Within chapter 2, article 24 of the American convention, every American citizen should receive equal treatment before the law (Schutter 45). The provision emphasizes that all individuals, irrespective of gender or sexual orientation remains equal under the law. In addition, the article postulates that the state shall not direct any discrimination towards any individual; hence all people deserve equal protection of the law (Schutter 52). In addition, the other provision violated is found in chapter 2, article 10 of the American Convention on Human Rig hts. This provision states that every individual has a right to proportional compensation from damages suffered after a court sentence, in which the final verdict resulted from a miscarriage of justice. Finally, the third provision violated by Chilean court is regarding the rights of Children. According to article 19 of the American Convention on Human Rights, every child has a right to be heard, both at family and state levels, in order to determine whether the child has been injured by an act under deliberation (Schutter 61). With respect to Chilean Supreme court ruling, Atala, who is the lesbian mother of three daughters, received direct discrimination as a result of her sexual orientation. Chapter 24 explicitly asserts that all individuals are subject to equal treatment under