Karen Atala
Encyclopedia
Karen Atala Riffo is a Chile
an lawyer from Palestinian origin, judge, and mother of three girls. In 2005, she moved in with her female partner in Santiago
. Her ex-husband took offense to this, although he has admitted doing so only for the purposes of revenge. He took it to the courts since their children would be residing with his ex-wife's partner.
The courts agreed that it was best for the father to maintain complete custody due to the mother's "perversions". Atala Riffo continually appealed until reaching the Supreme Court
which ruled on the basis that, "[the children] would suffer psychological harm living with Ms. Atala and her partner...[and that] they would become confused about gender roles and suffer from discrimination and isolation." The court then nullified all her rights as a mother and gave permanent and total custody to the girl's father forever.
This case caused the Chilean Supreme Court to be accused of human rights violations and caused and international uproar in the gay community, especially in normally liberal-minded Chile which has been under the rule of a center-left coalition for seven years, and partially since 1992 as part of the ruling coalition still in power since the end of the Pinochet
dictatorship.
As of 2005, Atala has exhausted all her legal options within Chile; consequently, she has taken her case to the Inter-American Human Rights Commission in Washington, DC. Several groups have united to represent and advocate for Atala. These are: National Center for Lesbian Rights, the New York City Bar Association, Human Rights Watch, International and Lesbian Human Rights Commission, International Women's Human Rights Law Clinic at the City University of New York
, Lawyers for Children, Inc., Legal Aid Society of New York, and Legal Momentum
http://www.nclrights.org/cases/riffo_v_chile.htm which filed an amicus brief in support of Atala before the commission. On July 23, 2008, the Inter-American Commission on Human Rights approved its admissibility report on the case
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
an lawyer from Palestinian origin, judge, and mother of three girls. In 2005, she moved in with her female partner in Santiago
Santiago, Chile
Santiago , also known as Santiago de Chile, is the capital and largest city of Chile, and the center of its largest conurbation . It is located in the country's central valley, at an elevation of above mean sea level...
. Her ex-husband took offense to this, although he has admitted doing so only for the purposes of revenge. He took it to the courts since their children would be residing with his ex-wife's partner.
The courts agreed that it was best for the father to maintain complete custody due to the mother's "perversions". Atala Riffo continually appealed until reaching the Supreme Court
Supreme Court of Chile
The Supreme Court of Chile is the highest court in Chile. It also administrates the lower courts in the nation. It is located in the capital Santiago....
which ruled on the basis that, "[the children] would suffer psychological harm living with Ms. Atala and her partner...[and that] they would become confused about gender roles and suffer from discrimination and isolation." The court then nullified all her rights as a mother and gave permanent and total custody to the girl's father forever.
This case caused the Chilean Supreme Court to be accused of human rights violations and caused and international uproar in the gay community, especially in normally liberal-minded Chile which has been under the rule of a center-left coalition for seven years, and partially since 1992 as part of the ruling coalition still in power since the end of the Pinochet
Augusto Pinochet
Augusto José Ramón Pinochet Ugarte, more commonly known as Augusto Pinochet , was a Chilean army general and dictator who assumed power in a coup d'état on 11 September 1973...
dictatorship.
As of 2005, Atala has exhausted all her legal options within Chile; consequently, she has taken her case to the Inter-American Human Rights Commission in Washington, DC. Several groups have united to represent and advocate for Atala. These are: National Center for Lesbian Rights, the New York City Bar Association, Human Rights Watch, International and Lesbian Human Rights Commission, International Women's Human Rights Law Clinic at the City University of New York
City University of New York
The City University of New York is the public university system of New York City, with its administrative offices in Yorkville in Manhattan. It is the largest urban university in the United States, consisting of 23 institutions: 11 senior colleges, six community colleges, the William E...
, Lawyers for Children, Inc., Legal Aid Society of New York, and Legal Momentum
Legal Momentum
Legal Momentum, formerly known as NOW Legal Defense and Education Fund, is the oldest legal advocacy group for women in the United States. Founded in 1970, Legal Momentum is a liberal multi-issue organization dedicated to advancing women’s rights across the country...
http://www.nclrights.org/cases/riffo_v_chile.htm which filed an amicus brief in support of Atala before the commission. On July 23, 2008, the Inter-American Commission on Human Rights approved its admissibility report on the case
External resources
- Lesbian Judge Fights Chilean Court for Taking Her Children, article published by The New York Times, July 2006
- QueerDay article Chilean lesbian Karen Atala Riffo and her custody battle
- QueerDay article Chile under fire by rights groups for denying lesbian Karen Atala custody
- NCLR article Karen Atala Riffo v. Chile PuntoFinal article El Caso de Karen Atala: Justicia que prejuicia (The case of Karen Atala: Justice with a prejudice) PuntoFinal article La Torre de Papel: Los diarios y su fotogénica jueza (The Tower of Paper: The diaries y their photogenic judgess
- New York City Bar article Amicus Briefs Argue Against Discrimination in Chile Radio Cooperativa article Karen Atala está afectada por la exposición pública de sus hijas (Karen Atala is being effected by public exposition of her daughters)
- Admissibility Report of the Inter-American Commission on Human Rights Article in Punto Final magazine
- NCLR
- The Washington Post: "In conservative Chile, a push for change", by Monte Reel Report in Spanish in CHV (Chilean TV Station)
- The Cyrus R. Vance Center for International Justice. Amicus Brief Argue Against Discrimination in Chile
- BBC, Chilean lesbian loses child appeal
- Knight Ridder Newspapers, Ruling in Chile forcer gay parents to choose between the closet, parenting rights. By Kevin G. Hall (Article No. 4 in the page)
- DIVA Lesbian Magazine, Chilean Lesbian Mothers fight for justice