Karen Atala

Karen Atala Riffo (born 1963) is a Chilean lesbian, lawyer, judge, and mother of three girls. In 2005, she moved in with her female partner in Santiago. Her ex-husband took offense to this, although he has admitted doing so only for the purposes of revenge. He took it to the courts since their children would be residing with his ex-wife's partner. [http://www.nytimes.com/2006/07/20/world/americas/20chile.html] [http://news.bbc.co.uk/2/hi/americas/4540899.stm] [http://www.globalgayz.com/chile-news.html#article2] [http://www.divamag.co.uk/diva/features.asp?PID=36074] [http://www.nclrights.org/site/DocServer/challenges_lesbian_asylum_cases.pdf?docID=1142] [http://www.nclrights.org/site/DocServer/2006NCLR_AnnualReport.pdf?docID=1461]

The courts agreed that it was best for the father to maintain complete custody due to the mother's "perversions". Atala Riffo continually appealed until reaching the Supreme Court which ruled on the basis that, " [the children] would suffer psychological harm living with Ms. Atala and her partner... [and that] they would become confused about gender roles and suffer from discrimination and isolation." [http://www.nclrights.org/site/PageServer?pagename=issue_caseDocket_riffo_v_chile] The court then nullified all her rights as a mother and gave permanent and total custody to the girl's father forever. [http://www.nycbar.org/VanceCenter/eNotesandNews/04.14.06_amicus.htm] [http://www.youtube.com/watch?v=spTbp5jZVK8] [http://news.bbc.co.uk/2/hi/americas/4540899.stm] [http://www.opusgay.cl/1315/article-60127.html] [http://www.globalgayz.com/chile-news.html#article2] [http://www.divamag.co.uk/diva/features.asp?PID=36074] [http://www.nclrights.org/site/DocServer/summer06.pdf?docID=1362]

This case caused the Chilean Supreme Court to be accused of human rights violations and caused and international uproar in the gay community, especially in normally liberal-minded Chile which has been under Socialist rule for seven years, and partially since 1992 as part of the ruling coalition still in power since the end of the Pinochet dictatorship.

As of 2005, Atala has exhausted all her legal options within Chile; consequently, she has taken her case to the Inter-American Human Rights Commission in Washington, DC. Several groups have united to represent and advocate for Atala. These are: NCLR, the New York City Bar Association, Human Rights Watch, International and Lesbian Human Rights Commission, International Women's Human Rights Law Clinic at the City University of New York, Lawyers for Children, Inc., Legal Aid Society of New York, and Legal Momentum [http://www.nclrights.org/cases/riffo_v_chile.htm] which filed an amicus brief in support of Atala before the commission. On July 23, 2008, the Inter-American Commission on Human Rights approved its admissibiltiy report on the case [http://www.tercera.cl/contenido/25_39040_9.shtml] , which is available on their website (www.cidh.org). [http://www.cidh.org/annualrep/2008eng/Chile12502eng.htm]

External links

* [http://www.nytimes.com/2006/07/20/world/americas/20chile.html Lesbian Judge Fights Chilean Court for Taking Her Children, article published by The New York Times, July 2006]
* [http://www.queerday.com/2005/apr/11/chilean_lesbian_karen_atala_riffo_and_her_custody_battle.html QueerDay article "Chilean lesbian Karen Atala Riffo and her custody battle"]
* [http://www.queerday.com/2005/may/13/chile_under_fire_by_rights_groups_for_denying_lesbian_karen_atala_custody.html QueerDay article "Chile under fire by rights groups for denying lesbian Karen Atala custody"]
* [http://www.nclrights.org/cases/riffo_v_chile.htm NCLR article "Karen Atala Riffo v. Chile"]
* [http://www.puntofinal.cl/569/karenatala.htm PuntoFinal article "El Caso de Karen Atala: Justicia que prejuicia (The case of Karen Atala: Justice with a prejudice)"]
* [http://www.puntofinal.cl/569/torredepapel.htm PuntoFinal article "La Torre de Papel: Los diarios y su fotogénica jueza (The Tower of Paper: The diaries y their photogenic judgess"]
* [http://www.nycbar.org/VanceCenter/eNotesandNews/04.14.06_amicus.htm New York City Bar article "Amicus Briefs Argue Against Discrimination in Chile"]
* [http://www.cooperativa.cl/p4_noticias/antialone.html?page=http://www.cooperativa.cl/p4_noticias/site/artic/20040406/pags/20040406104918.html Radio Cooperativa article "Karen Atala está afectada por la exposición pública de sus hijas (Karen Atala is being effected by public exposition of her daughters)"]
* [http://www.cidh.org/annualrep/2008eng/Chile12502eng.htm Admissibility Report of the Inter-American Commission on Human Rights]
* [http://www.puntofinal.cl/569/karenatala.htm Article in Punto Final magazine]
* [http://www.nclrights.org/site/PageServer?pagename=issue_caseDocket_riffo_v_chile NCLR]
* [http://www.washingtonpost.com/wp-dyn/content/article/2006/11/29/AR2006112901595.html The Washington Post: "In conservative Chile, a push for change", by Monte Reel]
* [http://www.youtube.com/watch?v=spTbp5jZVK8 Report in Spanish in CHV] (Chilean TV Station)
* [http://www.nycbar.org/VanceCenter/eNotesandNews/04.14.06_amicus.htm The Cyrus R. Vance Center for International Justice. Amicus Brief Argue Against Discrimination in Chile]
* [http://news.bbc.co.uk/2/hi/americas/4540899.stm BBC, Chilean lesbian loses child appeal]
* [http://www.globalgayz.com/chile-news.html#article4 Knight Ridder Newspapers, Ruling in Chile forcer gay parents to choose between the closet, parenting rights. By Kevin G. Hall] (Article No. 4 in the page)
* [http://www.divamag.co.uk/diva/features.asp?PID=36074 DIVA Lesbian Magazine, Chilean Lesbian Mothers fight for justice]