Inter-American Court of Human Rights recognises right to legal gender recognition and same-sex couples’ right to marriage

In response to a request by Costa Rica regarding the obligations of States to recognise the economic consequences of a same-sex union and recognition of a person’s gender identity, the Inter-American Court of Human Rights has published an advisory opinion stating that gender identity and non-discrimination based on sexual orientation are protected by the American Convention on Human Rights as part of the right to a name, right to legal personality, right to personal liberty, and right to privacy. The opinion also states that States have to establish a mechanism to change people’s chosen identity and such mechanism must be based on the individual’s free consent.

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