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PGA’s vision is to contribute to the creation of a Rules-Based International Order for a more equitable, safe, sustainable and democratic world.

PGA Submits an Advisory Opinion in relation to Gender Identity and the Rights of Same-Sex Couples to the Inter-American Court of Human Rights

Within the framework of its Campaign Against Discrimination based on Sexual Orientation and Gender Identity (SOGI), on December 7, 2016, Parliamentarians for Global Action (PGA) submitted an opinion to the Inter-American Court of Human Rights (the Court) in connection with a request by the State of Costa Rica on the recognition of the gender identity of individuals and the patrimonial rights of same-sex couples.

Particularly, the State of Costa Rica requested the Court its Advisory Opinion on:

  • The protection provided by the Inter-American Convention on Human Rights (the Convention) to the recognition of the change in a person’s name, according to the person’s gender identity.
  • The compatibility of the practice of applying Article 54 of the Civil Code of the Republic of Costa Rica to persons who wish to change their name based on their gender identity, with the provisions of the Convention.
  • The protection provided by the Convention to the recognition of patrimonial rights derived from a relationship between persons of the same sex.

In accordance with the Rules of Procedure of the Court, and on the basis of PGA’s advocacy work with parliamentarians in Latin America on sexual orientation and gender identity and/or expression, and the emerging jurisprudence in this area, PGA’s opinion concluded that:  

  • On gender identity: the State must recognize and facilitate the change of name (and legal sex) of individuals, according to their gender identity. It is discriminatory and contrary to the Convention that a person interested in changing his/her name should go through a judicial process, forcing the person to depend on a third party’s recognition of his/her identity while also involving expenses to the applicant. Therefore, the State must effectively provide the concerned individuals with a free, prompt and accessible administrative procedure that guarantees their exercise of their human right to their gender identity recognition.
  • On patrimonial rights derived from a relationship between persons of the same sex: the State must recognize all the patrimonial rights that derive from a relationship between persons of the same sex. Therefore, it is advisable to legalize same-sex marriages, as this is the least discriminatory solution, or to create a legal figure that regulates the relationships between persons of the same sex, such as the civil union.

PGA’s full advisory opinion is available here (in Spanish). The Court’s request for Advisory Opinion on Costa Rica can be found here and other commentaries submitted to the Court can be found here. The Court has scheduled hearings on this matter for May 15-16, 2017.