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EQUAL MARRIAGE RECOGNIZED BY THE INTER-AMERICAN COURT OF HUMAN RIGHTS AS A MECHANISM TO PROTECT THE LGBTI COMMUNITY RIGHTS

Abstract:

Same sex marriage is a topic being discussed nowadays in different countries of Latin America. The claim of human rights of LGBTI community has been stopped due to a great influence of conservative groups which are holders of political powers as well as facto powers. Beyond of how controversial this topic can be as well as the different positions of the different actors involved in it; Catholic Church, Civil organization societies, policymakers and citizens in general; the approach of this essay aims to analyze the resolution issued by the Inter-American Court of Human Rights where equal marriage is recognized and also investigate the lack of legal protection in which members of the LGBTI community are found throughout Latin America, especially in Ecuador. Based on International Human Rights Law, it is required to establish whether said corpus iuris enshrines the right to marry for same-sex couples. It also analyzes the decision of some countries to create similar figures to marriage for same-sex couples and its incompatibility with human rights and the Constitutional State of Laws.