Matrimonio homosexual en Colombia: Discriminación, vacíos legales y alternativas jurídicas
Objective: To determine whether same-sex couples who have had the option to establish a family, have been affected by the rejection of who gives an marriage and the failure of Congress on comprehensive regulation. Methodology: This paper reviews the arguments of the Public Hearing of 30 July 2015 of...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6101304 |
| Source: | Ambiente Jurídico, ISSN 0123-9465, Nº. 19, 2016, pags. 127-162 |
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| Summary: |
Objective: To determine whether same-sex couples who have had the option
to establish a family, have been affected by the rejection of who gives an
marriage and the failure of Congress on comprehensive regulation. Methodology:
This paper reviews the arguments of the Public Hearing of 30 July
2015 of the Constitutional Court, the bodies responsible for the regulation
of equal marriage, the published literature concerning the subject and Colombian
law. Results: Although the literature on the subject is reduced, it is
possible to observe a lack of regulation about equal marriage in Colombia and
consequent discrimination. Also, do not generally understood authorized in
the operative part of the judgment C-577 of 2011 that qualifies as an unnamed
contract and atypical contractual relationship, and therefore does not generate
state protections, but a lack of protection to spouses and direct injury to State.
Conclusions: Congress should consider including the institution of marriage,
or another with the same guarantees in order to achieve a greater degree of
equality, democracy and freedom, to help consolidate the social and democratic
rule of law |
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