[快訊] 美洲國際人權法院判不允許隔離專法

作者: quendigay (小蝦媽媽來掃地)   2018-01-11 16:34:24
Via https://www.facebook.com/tapcpr/
▲ 社團法人台灣伴侶權益推動聯盟 4小時 ·
國際快訊!敬供大法官釋憲後,還在觀望躊躇的台灣政府及反同組織參考!
「美洲國家間人權法院」(Inter-American Human Rights Court )昨日(1/10)判定--同性婚姻應當被承認,且隔離的專法或用其他隔離條款規定方式不應允許,尚未做到的國家在立(修)法前,應先通過行政命令維護同志人權。
人權法院認為,各國政府應承認並保障同性伴侶過去被剝奪的結婚權及衍生自家庭關係等一切權利,並指出針對同性婚姻採隔離式立法,是一種歧視、不應允許。
 
此決定對所有簽署美洲人權公約的國家均有拘束力,簽署美洲人權公約的12個美洲國家,包括阿根廷、巴西、智利、多明尼加、哥斯大黎加等,其中有些已經承認同性婚姻,有些承認民事結合,也有完全不承認的。
人權法院指出,這些國家應該立法,而在立法前的過渡期間,應先用暫時性的行政命令保障同志。
反觀台灣,除了不允許同志即刻進行結婚登記,立法前的「過渡期間」我們的政府做了什麼?除了擴大實施象徵意義大於實質意義的「同性伴侶註記」,什麼都沒有!
伴侶盟因此再次呼籲政府:為避免更多違憲侵害人權的悲劇發生,我們呼籲行政院及相關部會儘速透過行政函釋准許同性伴侶登記結婚,並依過去政府所作公開承諾在此修法前過渡時期先放寬法規的解釋適用,令同性伴侶得以先行適用有關配偶之權利義務。
BBC
Inter-American Human Rights Court backs same-sex marriage
People celebrate after the Inter-American Court of Human Rights called on Costa Rica and Latin America to recognize equal marriage, in San Jose, Costa Rica, January 9, 2018. The sign reads:
Image caption Activists celebrated the court's ruling holding up signs reading: "The court said yes!"
The Inter-American Court of Human Rights has ruled that same-sex marriages should be recognised.
The court's rulings apply to countries which have signed the American Convention on Human Rights.
Some of the signatories already recognise same-sex marriages while others recognise same-sex civil unions.
But others, such as Bolivia, Cuba, Dominican Republic, Honduras, Paraguay and Peru do not recognise either and will be expected to change their laws.
The court was established by the regional body, the Organization of American States (OAS), and signatories to the Inter-American Convention on Human Rights are bound by its rulings.
Western hemisphere countries where same-sex marriage is legal:
People celebrate after the Inter-American Court of Human Rights called on Costa Rica and Latin America to recognize equal marriage, in San Jose, Costa Rica, January 9, 2018.
The ruling comes as a number of Latin American countries have changed or are debating changing their laws to allow same-sex couples to marry.
Most recently, outgoing Chilean President Michelle Bachelet sent a gay marriage bill to Congress for debate.
Other western hemisphere countries, such as Ecuador, have introduced same-sex civil unions.
'Without discrimination'
The judges said that governments "must recognise and guarantee all the rights that are derived from a family bond between people of the same sex".
They also said that it was inadmissible and discriminatory for a separate legal provision to be established just for same-sex marriages.
The judges demanded that governments "guarantee access to all existing forms of domestic legal systems, including the right to marriage, in order to ensure the protection of all the rights of families formed by same-sex couples without discrimination".
Recognising the difficulty in passing such laws in countries where there is strong opposition to same-sex marriage, they recommended that governments pass temporary decrees until new legislation was brought in.
The judges issued the ruling in response to a motion brought by Costa Rica.
The Central American government asked the court to give its opinion on whether it had an obligation to extend property rights to same-sex couples. The court ruled that it did.
The Costa Rican government also wanted to know whether it should allow transgender people to change their name on their identity documents. Again, the court ruled that it should.
Costa Rica's Vice-President Ana Helena Chacón welcomed the court's ruling, saying it would be adopted "in its totality".
作者: akrsw (quo vadis?)   2018-01-13 20:54:00

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