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作者: quendigay (大范把拔来打雷) 看板: gay
标题: [快讯] 美洲国际人权法院判不允许隔离专法
时间: Thu Jan 11 16:34:24 2018
Via https://www.facebook.com/tapcpr/
▲ 社团法人台湾伴侣权益推动联盟 4小时 ·
国际快讯！敬供大法官释宪后，还在观望踌躇的台湾政府及反同组织参考！
“美洲国家间人权法院”（Inter-American Human Rights Court ）昨日(1/10)判定－－同性婚姻应当被承认，且隔离的专法或用其他隔离条款规定方式不应允许，尚未做到的国家在立（修）法前，应先通过行政命令维护同志人权。
人权法院认为，各国政府应承认并保障同性伴侣过去被剥夺的结婚权及衍生自家庭关系等一切权利，并指出针对同性婚姻采隔离式立法，是一种歧视、不应允许。
此决定对所有签署美洲人权公约的国家均有拘束力，签署美洲人权公约的12个美洲国家，包括阿根廷、巴西、智利、多明尼加、哥斯达黎加等，其中有些已经承认同性婚姻，有些承认民事结合，也有完全不承认的。
人权法院指出，这些国家应该立法，而在立法前的过渡期间，应先用暂时性的行政命令保障同志。
反观台湾，除了不允许同志即刻进行结婚登记，立法前的“过渡期间”我们的政府做了什么？除了扩大实施象征意义大于实质意义的“同性伴侣注记”，什么都没有！
伴侣盟因此再次呼吁政府：为避免更多违宪侵害人权的悲剧发生，我们呼吁行政院及相关部会尽速透过行政函释准许同性伴侣登记结婚，并依过去政府所作公开承诺在此修法前过渡时期先放宽法规的解释适用，令同性伴侣得以先行适用有关配偶之权利义务。
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".