Los derechos de las parejas del mismo sexo en Europa. Estudio comparado
Equality, the right to non-discrimination and the free development of personality without restrictions linked to sexual orientation require legal recognition of same-sex couples. Protection of their rights remains a pending task of legislators and courts. Although the trend in Europe is acceptance,...
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| Format: | Article |
| Language: | Spanish |
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2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5634741 |
| Source: | Revista española de derecho constitucional, ISSN 0211-5743, Año nº 36, Nº 107, 2016, pags. 219-253 |
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| Summary: |
Equality, the right to non-discrimination and the free development of personality without restrictions linked to sexual orientation require legal recognition of same-sex couples. Protection of their rights remains a pending task of legislators and courts. Although the trend in Europe is acceptance, we find a very diverse compared picture. At present there are already twelve European countries that have legalized so-called «gay marriage», although others have chosen civil union laws that omit the term «marriage», and even some of them allow exclusively their registration as couples —or not even—. One of the most controversial issues remains the adoption of children, although the current trend is recognition. The European Court of Human Rights has not resolved the issue, because although they has stated that the Rome Convention does not provide with a right to same-sex marriage, they consent the decision to recognize at the discretion of the States. |
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