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 Judicial Systems
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Review Edition No. 22
This issue is dedicated to Gender, sexual diversity and justice
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News

JSCA and GIZ present findings on the lack of recognition of Economic, Social, Cultural and Environmental (ESCE) rights in Chile and the rest of Latin America

In the context of the project Dialogue on the legal protection of the rights to health, education, work, social security and a healthy environment in Latin American and Caribbean countries coordinated by JSCA and the DIRAJUS project, which is funded by the German Cooperation Agency GIZ, the main findings of the publication of the same name were presented. The text includes 19 articles selected from a total of 70 submissions received from researchers throughout the region.

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JSCA launches publication on civil justice reform in Australia and Canada

In Volume II of the collection Comparative studies on civil justice reforms, the authors address the experiences of civil judicial reform in Australia and the Canadian province of Quebec. The first volume in the series focused on the experiences of Germany, Spain and Uruguay.


This publication is composed of four reports. The first is a cross-cutting analysis by JSCA Research and Projects Director Marco Fandiño entitled “Proportionality and comprehensiveness of civil justice as foundations for improving access to justice.” In the article, Fandiño analyzes two topics that have been very inspiring in the experiences of Australia and Quebec, namely civil procedure flexibility and its adaptability to the nature of the conflict and the integration of alternative dispute resolution (ADR). The report on civil procedure reform in Australia was written by Jill Howieson of the University of Western Australia. Dr. Howieson focuses on two major areas of the civil justice system: case management and alternative dispute resolution. The report on civil procedure reform in Quebec was authored by Catherine Piché and Pierre Noreau of the University of Montreal. The authors provide a broad, multidimensional analysis of the enormous cultural transformation that was ushered in by the Civil Procedure Code that was introduced in 2014.

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JSCA Celebrates Its 20th Anniversary

Santiago de Chile, November 15, 2019

On Friday, November 15, 2019, the Justice Studies Center of the Americas (JSCA) will celebrate its 20th anniversary. JSCA was created in 1999 by resolution of the General Assembly of the Organization of American States (OAS) at the recommendation of the Meeting of Ministers of Justice or other Ministers or Attorneys General of the Americas (REMJA).

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JSCA and UNLPam launch certificate program on Litigation and Evidence in Civil Procedure

November 12, 2019

The Certificate Program on Litigation and Evidence in Civil Procedure will be offered at Argentina’s Universidad Nacional de La Pampa School of Economic and Legal Sciences beginning in 2020.

The program was developed as a result of the agreement signed by the administration of UNLPam and JSCA. It is designed to give attorneys the skills that they need to meet the litigation demands of an oral procedure model.

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Two attorneys selected for Osgoode Law School research internship

November 4, 2019


In the context of the project “Improving Access to Civil Justice in Latin America” financed by Global Affairs Canada (GAC), the Justice Studies Center of the Americas (JSCA) has selected two attorneys for the fourth edition of the research internship at Osgoode Law School (York University, Toronto, Canada), to be held March 2-13, 2020.

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Latin American judges receive training on criminal hearing management

Santiago, October 28 2019

 

The V Training Program for Judges on Criminal Hearing Management organized by the Justice Studies Center of the Americas (JSCA) was held October 21-25. It was attended by judges from eight countries in the region: Argentina, Costa Rica, Ecuador, Guatemala, Mexico, Panama, Peru and Uruguay.

 

 

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9 Ideas about JSCA’s Gender Equality Policy

Santiago, september 30, 2019

1.       Introduction and policy description
In 2018, JSCA approved its Gender Equality Policy, the goal of which is to increase gender equality in the justice systems of the region. To that end, we have adopted a dual strategy that is based, on the one hand, on mainstreaming gender which, following the Beijing Conference, can be understood as “an active and visible policy of incorporation of the gender perspective into the monitoring and evaluation of all programs and policies.” This dual strategy is also composed of specific policies for equality that include positive actions and positive discrimination designed to correct the discrimination caused by the social system or social practices.

 

 

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Santiago, June 252019.

World Sexual Diversity Day and International LGBTI+ Pride Day are celebrated on June 25 and 28, respectively, reminding everyone of the need to continue to support the fight for recognition of basic human rights for the LGBTI+ community.  


International LGBTI+ Pride Day began to be celebrated after the Stonewall riots that took place on June 28, 1969. These were not the first protests or confrontations between the police and the LGBTI+ community, but they have become a symbol of growing awareness and confidence that paved the way for the fight for equality and non-discrimination.

 

The origin of the gay flag dates back to 1978, when the Gay Pride Parade organizers in California asked artist Gilbert Baker to design a flag that would represent the LGBTI+ community in the United States.


It is said that the rainbow flag was inspired by Judy Garland’s The Wizard of Oz song “Over the Rainbow.” It originally had eight bands to represent the characteristics of the community: sexuality (pink), life (red), health (orange), sunlight (yellow), nature (green), magic (turquoise), serenity (blue) and purple (spirit). However, a decision was made to remove the pink and turquoise years later, leaving the flag with six bands.


As part of this struggle, JSCA has implemented a gender policy and has made a commitment to adopt inclusive, non-sexist language in all of its documents, lectures and activities, recognizing the importance of this method for recognizing rights and respecting sexual diversity.


This is also in keeping with the mission of raising awareness among OAS members of the importance of access to justice for all. Below we present some important information on the situation of LGBTI+ people in the Americas related to justice:


 1. Argentina, Brazil, Colombia, Mexico, Uruguay and Ecuador have legalized marriage equality. (ILGA, 2019)
2. Brazil, Chile, Colombia, Ecuador and Uruguay allow for civil unions between same sex couples (ILGA, 2019).
3. Only two Latin American countries allow same sex couples to adopt children (Argentina and Uruguay) and two more allow it based on rulings issued by their courts (Brazil and Colombia). (ILGA, 2019)
4. Only two Latin American countries have prohibited conversion therapy (Brazil and Ecuador). (ILGA, 2019)
5. According to Mónica Flores, one of the founders of Fundación Renacer, "Many trans children do not live to age 14. Many die by suicide or suffer significant harm to their health by that age.” (BBC, 2018)
6. In its Report on Violence against Lesbian, Gay, Bisexual, Trans, and Intersex Persons, the IACHR condemned 11 OAS member states, all of them in the Caribbean, for maintaining laws that criminalize consensual sexual relations between adults of the same sex in private, which also impacts trans and non-gender conforming people (IACHR, 2018).
7. In the United States, seven states representing 17.4% of the total population passed “No Promo Homo Laws” preventing teachers from talking about intimacy between two people of the same sex in a positive way (IACHR, 2018).
8. In 2016, the Port au Prince commissioner canceled the Massimadi Art and Film Festival, which celebrates Haiti’s LGBTI+ Afro-Caribbean community, arguing that “he was protecting public morals.” (IACHR, 2018).

We invite everyone to review the IACHR document on recognizing the rights of LGBTI persons (LGBTI-ReconocimientoDerechos2019.pdf) and the new practical guide Towards the Effective Protection of LGBTI Persons Deprived of Liberty: A Monitoring Guide (https://apt.ch/content/files_res/lgbti_apt_es.pdf).

At JSCA, we ask all justice operators to actively participate in the implementation of the gender perspective in legal practice, eradicating discrimination based on sexual orientation and gender identity in all processes.

 

 

 

 

 

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