Peru General Discussion: Dr. Rock, la Seņora K y los verdecitos (user search)
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  Peru General Discussion: Dr. Rock, la Seņora K y los verdecitos (search mode)
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Author Topic: Peru General Discussion: Dr. Rock, la Seņora K y los verdecitos  (Read 976 times)
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Hashemite
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« on: July 29, 2018, 10:20:00 AM »

legalization of same-sex marriage, [...] and withdrawal of Peru from the Inter-American Court of Human Rights.

How do those two things go together? I guess the assumption is that the former would be rejected, while if the latter passes then Peru could avoid having to eventually legalize same-sex marriage via court order? Or did the IAHR Court have something to say about daddy Fujimori's pardon?

It's also amusing that angry homophobic Latin American right-wingers, like we saw in Costa Rica, know absolutely nothing about the Inter-American System and all seem to assume that 'withdrawing' from the system would automatically absolve them from having to apply its rulings. Even if that's not the case. The other amusing part is that these angry homophobic Latin American right-wingers also want to join a list of countries which includes Venezuela (and Trinidad and Tobago).
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Hash
Hashemite
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Posts: 32,409
Colombia


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« Reply #1 on: July 31, 2018, 04:29:46 PM »

It's also amusing that angry homophobic Latin American right-wingers, like we saw in Costa Rica, know absolutely nothing about the Inter-American System and all seem to assume that 'withdrawing' from the system would automatically absolve them from having to apply its rulings. Even if that's not the case.

Why not? It's a sovereign country so it's weird if a withdrawal from the system isn't enough.

I may have been unclear in my post: withdrawal from the System would obviously absolve them from any future obligations or rulings, but withdrawal isn't retroactive on past jurisprudence.

During the Costa Rican election campaign, when Fabricio A. was proposing to withdraw Costa Rica from the IAHR Court, Semanario Universidad asked legal experts how viable his proposal actually was.

Given that the thing most angry homophobic Latin American right-wingers object to is the IAHR Court, they propose to "withdraw from the Court", but this is impossible: you cannot pick and choose what parts of the System you like or dislike, so if a country is to withdraw, they need to denounce the American Convention on Human Rights -- which only two countries (Trinidad and Tobago in 1998 and Venezuela in 2012) have done. Article 78 of the Convention is the relevant part here:

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The conclusions drawn here are that (a) denunciations become effective one year after having been declared and (b) they do not release a party from its obligations resulting from jurisprudence and its effects which have occurred prior to the effective date of denunciation.
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