The case concerned a lesbian inmate in a Colombian prison who was denied the right to conjugal visits. Colombia argued that same-sex conjugal visits would disrupt the prison, noting that ‘Latin American culture has little tolerance towards homosexual practices in general.’ The Inter-American Commission on Human Rights stated that the rights of LGBT persons cannot be limited on the grounds of preventing public disorder/protecting public morality. The Commission found that the state’s action could constitute a violation of Article 11 (right to privacy) of the American Convention on Human Rights.
Marta Lucía Álvarez Giraldo (Colombia) (“Giralda”), Case 11.656, IACHR, Report No. 71/99 (1999)
Decision of the Inter-American Commission on Human Rights ruling in favour of the complainant, a lesbian inmate, declaring that she should be allowed conjugal visits from her same-sex partner, in accordance with her rights protected under the American Convention