Quatre Problemes Courants qui Affectent la Cour Interamericaine dans Son Avis Consultatif N° 24
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Date
2022
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The Inter-American Court of Human Rights Advisory Opinion number 24 considers that the American Convention on Human Rights requires States to provide expedient procedures allowing for the change in legal registers, of the name and sex or gender of those who define themselves as transgender. According to this advisory opinion, States may require nothing more than the will of those who undertake this change. The Court also considers that States must allow same sex couples to have access to all legal status to which heterosexual couples can apply, including marriage. This paper broadly describes the Court's advisory opinion, and then refers to four problems that affect this pronouncement and the decision-making process of the Court in general. These are : to try to impose a unique vision on human rights ; to grant its own interpretations a higher weight than what they actually have ; to disregard its own procedural rulings, and to quote innumerable legal documents that are not legally applicable to the case at hand.
The Inter-American Court of Human Rights Advisory Opinion number 24 considers that the American Convention on Human Rights requires States to provide expedient procedures allowing for the change in legal registers, of the name and sex or gender of those who define themselves as transgender. According to this advisory opinion, States may require nothing more than the will of those who undertake this change. The Court also considers that States must allow same sex couples to have access to all legal status to which heterosexual couples can apply, including marriage. This paper broadly describes the Court’s advisory opinion, and then refers to four problems that affect this pronouncement and the decision-making process of the Court in general. These are : to try to impose a unique vision on human rights ; to grant its own interpretations a higher weight than what they actually have; to disregard its own procedural rulings, and to quote innumerable legal documents that are not legally applicable to the case at hand.
The Inter-American Court of Human Rights Advisory Opinion number 24 considers that the American Convention on Human Rights requires States to provide expedient procedures allowing for the change in legal registers, of the name and sex or gender of those who define themselves as transgender. According to this advisory opinion, States may require nothing more than the will of those who undertake this change. The Court also considers that States must allow same sex couples to have access to all legal status to which heterosexual couples can apply, including marriage. This paper broadly describes the Court’s advisory opinion, and then refers to four problems that affect this pronouncement and the decision-making process of the Court in general. These are : to try to impose a unique vision on human rights ; to grant its own interpretations a higher weight than what they actually have; to disregard its own procedural rulings, and to quote innumerable legal documents that are not legally applicable to the case at hand.
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Cour interaméricaine des droits de l’homme, Avis consultatif, Interprétation, Précédents, LGTBI, Genre