State Obligations in Relation to Gender Identity and Rights of Same-Sex Couples

Abstract

Human rights — Gender identity — Rights of same-sex couples — State obligations concerning recognition of gender identity and rights of same-sex couples — American Convention on Human Rights, 1969 — Right to equality and non-discrimination of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons — Article 1(1) of American Convention on Human Rights, 1969 — Whether sexual orientation and gender identity protected categories under Article 1(1) — Right to gender identity — Right to a name — Whether States under obligation to facilitate name change based on gender identity — Whether failure to establish administrative procedures for name change violating American Convention on Human Rights, 1969 — Whether name change procedure under Article 54 of Civil Code of Costa Rica complying with American Convention on Human Rights, 1969 — Right to equality and non-discrimination — Right to protection of private and family life — Right to family — Whether States obliged to recognize patrimonial rights arising from a same-sex relationship — Whether States required to establish legal institution to regulate same-sex relationships

International tribunals — Jurisdiction — Inter-American Court of Human Rights — Advisory jurisdiction — Whether advisory jurisdiction restricted by related petitions before Inter-American Commission on Human Rights — Admissibility — Whether request meeting formal and substantive requirements — Whether Court having jurisdiction