Amici curiae presented psychological studies and decisions from foreign jurisdictions to show that sexual orientation has no bearing on a person's ability to be a good parent, and that depriving Ms. Atala of custody of her children constitutes discrimination on the basis of sexual orientation.

The Atala v. Chile brief was prepared by lawyers in the New York and San Francisco offices of Morrison & Foerster on behalf of the New York City Bar; Human Rights Watch; the International Gay and Lesbian Human Rights Commission; the International Women's Human Rights Law Clinic at the City University of New York: Lawyers for Children, Inc.; the Legal Aid Society of New York; Legal Momentum; and the National Center for Lesbian Rights.

Chilean Police Officer Fired After Filing Domestic Violence Complaint Against Her Husband

In another discrimination case originating in Chile, Marcela Andrea Valdés Díaz v. Chile , Marcela Valdés, a member of the Carabineros, Chile's national police force, was fired from her job after filing a complaint of domestic violence and a request for separation against her husband, a higher-ranked officer.  The Carabineros found that Ms. Valdés's "liberal behavior" had provoked her husband to hit her.  The Chilean Supreme Court upheld the Carabineros decision to fire Ms. Valdés, holding that the Carabineros acted within their powers.

At the request of lawyers in Chile, the Vance Center organized the preparation of an amicus brief by the Houston office of Mayer Brown Rowe & Maw LLP that argued Ms. Valdes's termination violated international laws and norms governing gender discrimination and the obligations employers have to assist rather than punish victims of domestic violence.  Legal Momentum acted as amicus curiae.

Yasmin Yavar, a lawyer at Mayer Brown Rowe & Maw LLP, found it rewarding to work on a case involving such important issues. "Ms. Valdés was treated unjustly and continues to suffer the consequences of that unjust treatment today.  Victims of domestic violence cannot be forced to choose between suffering in silence or risking their jobs." 

María Paz Garafulic, a Chilean lawyer who assisted in the Valdés case, and an expert on gender in Latin America, said that these kinds of cases are all too common. 

"Today, the public discourse [on gender in Chile] differs from the reality thousands of women face.  Even in cases where women are aware of their rights, are invoking the law and resorting to the proper legal proceedings, they are still not succeeding in obtaining recognition of their basic rights to equality under the law," Ms. Paz said.

Ms. Paz also affirmed the importance of incorporating comparative perspectives.

"Without a doubt, in cases involving fundamental principles like equality under the law and gender-based discrimination, collaboration from foreign lawyers is crucial. The perspectives and contributions of lawyers in other countries can enhance our arguments, enrich the case with comparative experiences, and ultimately result in a stronger public impact," she said.

The Amicus Network, a project of the International Pro Bono Clearinghouse, coordinates the submission of briefs written by US-based amici curiae to regional and international human rights bodies for matters originating in other countries.  The goal of this project is to use amicus briefs to support national, regional and international access to justice efforts and to strengthen international human rights norms.

"If we believe that human rights are universal, then it's important that all parties concerned with these types of cases have a say on it," Professor Contesse said.  "If the Commission receives, as it has happened, a number of amici from different places, the message that we're sending is both clear and strong: these cases are important to many people throughout the region."

To view the briefs as a PDF, see:

Karen Atala Riffo v. Chile
Marcela Andrea Valdés Díaz v. Chile