Decision-making body: Inter-American Court of Human RightsCase details:Duque v Colombia, Preliminary Objections, Merits, Reparations and Costs, Series C No. 310, 26 February 2016Applicable legal provisions: Article 1(1) (General obligations), Article 5(1) (Right to the integrity of the person), Article 8(1) (Right to judicial guarantees), Article 24 (Equality and nondiscrimination) and Article 25 (Right to the judicial protection) of the American Convention on Human RightsPrimary legal issues: Survivor pensions for same-sex couples; equal treatmentRelated case: Inter-American Commission on Human Rights, Duque v Colombia, Report No. 5/14, 2 April 2014Link to case [in Spanish]:http://www.corteidh.or.cr/docs/casos/articulos/seriec_310_esp.pdfSummaryDuque v Colombia, which was brought before the Inter-American Court of Human Rights, concerns the refusal to recognize the right of a homosexual person to a survivor’s pension. At the time, Colombian law did not give same-sex couples this right. The claimant—Ángel Alberto Duque—filed a writ for the protection of his constitutional rights to obtain the pension. The ruling and appeal held that the writ was not the appropriate form to use in a pension request and that the defendant should follow regular judicial procedures. The Colombian Constitutional Court subsequently did not review the case. The Inter-American Commission on Human Rights brought the case before the Inter-American Court
International Labor Rights Case Law – Brill
Published: Dec 27, 2017
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