Wednesday, January 28, 2009

Colombia: High Court rules that same-sex partners should be held accountable to same rules that govern heterosexual partners

[NOTE: I have posted a MAJOR UPDATE on this story: Click on "Colombia Diversa on yesterday's landmark rling granting equal rights to same-sex couples" - Andrés]

Breaking news this evening on a ruling by Colombia's Constitutional Court which broadens the recognition of same-sex partners in the South American nation. From El Tiempo web portal:
The high court ordered changes to 42 norms that range from Criminal, Civil and Disciplinary Codes, to the special health plan available to military forces.

The Magistrates embraced a position paper submitted by their peer, Rodrigo Escobar Gil.

They ruled that the challenged dispositions did not justify the discrimination they instituted, or that the variances with regards to same-sex couples placed these people in a position of vulnerability before the law.

And in both cases, the Constitutional Court held that the right to equality was violated.

Hence, provisions such as those contained the Disciplinary and Penal Codes, which establish the right against incrimination by a spouse, should also be applied to heterosexual partners.

Another instance is that of crimes related to domestic violence; victims can be same-sex partners or aggravation imposed by law for crimes against the person.

This includes cases where reparations are made to victims of heinous crimes.
Whew! Translating that was a doozy! In short, regulations that determine criminal or violent conduct by persons involved in same-sex partnerships will be held to the same standards as those applied to married heterosexual couples. Or that is what I get from the article?

UPDATE: In a message posted tonight on Facebook by leading Colombian LGBT rights organization Colombia Diversa, they say that the ruling also establishes that gay Colombian citizens can grant foreign same-sex partners immigration rights in the same way that married heterosexual partners can sponsor their spouses for immigration purposes.

Previously:

2 comments:

ikobi said...

"Hence, provisions such as those contained the Disciplinary and Penal Codes, which establish the right against incrimination by a spouse, should also be applied to heterosexual partners. ..."

shouldn't that be homosexual partners?

Andrés Duque said...

I think so, but I translated the phrase as it was written in Spanish so it might have been a mistake on El Tiempo's part.