ByAdelita Coriat
The Inter-American Court of Human Rights (IACHR) held a hearing on equal marriage in Panama.
In a session of over an hour and a half, and with the participation of Fundación Iguales, representatives of the Panamanian government and special rapporteurs, a strong call was made to Panama to adapt the legislation that they describe as discriminatory and exclusive of the LGBTI population , while recognizing their rights, which are not only limited to the right to equal marriage, but other fundamental rights.
The Fundación Iguales, reproached that in Panama the right to marriage has not yet been legalized, and they compared this 'advance' in countries such as Colombia, Argentina, Costa Rica, Ecuador, and others.
The IACHR magistrates heard the stories of the couple made up of Enrique and John Winstaley, who in 2017 filed an appeal before the Panamanian Supreme Court of Justice to declare unconstitutional the phrase "between a man and a woman", which contains the concept of marriage in the Family Code. In addition to this, there are two additional demands at the same tone. However, the Court has not yet ruled on the matter.
If the group that considers itself affected recognizes that the Panamanian Government is willing to commit itself to advancing non-discrimination against this population, the Panamanian officials made it clear to the IACHR that the one who must rule on the matter is the Court, in charge of resolving these unconstitutionalities.
Among the advances that the Panamanian government has made, according to the representatives of the Electoral Tribunal, in the voice of Andreína Acevedo and Edwin Herrera, are the change of generals and identification document of trans people who had made their name change after the issuance of the electoral roll.
Regarding the issue of equal marriage, Acevedo indicated that the Electoral Tribunal has complied within its jurisdiction due to the existence of express norms that prevent and prohibit it. "In this sense, the Court is the competent body of the State to exercise control of constitutionality when it is necessary to expel a norm from the legal system, as it is contrary to the Constitution or a human rights treaty," the official explained.
The rapporteurs Alberto Brunori, Flavia Piovesan and Julissa Mantilla, were emphatic that in Panama the rights of the LGTBIQ population are violated only because of their sexual orientation . Read more via La Estrella