Voices and Perspectives: A Narrative Analysis of the Ruling of the Supreme Court of Justice of Panama Against Equal Marriage
Keywords:Restriction, Standards, bypassing, Contestualization, Discrimination
This article delves into a comprehensive analysis of the ruling issued by the Supreme Court of Justice of the Republic of Panama on February 16, 2023, which marked a pivotal point by rejecting the possibility of recognizing same-sex marriage in the country. Using a qualitative research approach under a narrative design, it immerses itself in the exploration of the diverse voices and perspectives that converged in this decision, aiming to shed light on its coherence with the framework of international human rights law. In this analysis, it delves into the narratives that shaped the Supreme Court's stance, unraveling the arguments presented by both the actors involved in the ruling and those with expertise in human rights matters. Additionally, the ruling is contextualized within the legal and jurisprudential coordinates, both at the national and international levels, to paint a comprehensive and contextualized picture. The findings of this research lay bare that the Supreme Court opted for a succinct and literal interpretation of the relevant legal provisions, largely overlooking the broader context and fundamental principles enshrined in the American Convention on Human Rights. It is evident that this restrictive interpretation is in direct discord with the standards established in the inter-American human rights sphere, particularly concerning the principles of equality and non-discrimination. This analysis highlights a gap between the interpretive perspective of the Supreme Court and the jurisprudence set forth by the Inter-American Court of Human Rights, an entity that advocates for an evolutionary and dynamic approach to interpreting rights. Consequently, the obtained results raise a set of questions that transcend the boundaries of legality and jurisprudence. The Court's determination, despite conflicting with inter-American human rights standards, casts doubt on the role and function of the judicial branch in safeguarding and promoting equality and non-discrimination. This analysis prompts contemplation on the intersection between judicial decision-making and the international normative framework, emphasizing the complexity entailed in interpreting human rights in an ever-changing world. Ultimately, the struggle for equality and non-discrimination in the context of same-sex marriage reveals the pressing need for a profound consideration of the diverse narratives and arguments presented in the judicial realm, alongside an unwavering commitment to international human rights standards and principles.
Sentencia de la Corte Suprema de Justicia (CSJ) de Panamá del 16 de febrero de 2023
Smith, Gianfranco. La Sentencia de la Corte Suprema de Justicia de Panamá sobre matrimonio igualitario: un desacierto interpretativo. Agenda Estado de Derecho. 2023/05/24. Disponible en: https://agendaestadodederecho.com/la-sentencia-de-la-corte-suprema-de-justicia-de-panama-sobre-matrimonio-igualitario/
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