The Pluralistic Concept of Family in the Decisions of the Inter-American Court of Human Rights
Chapter
Publication Date:
2022
abstract:
The processes of "constitutionalization" and "internationalization" have deeply affected the concept of family by imposing a re-reading of family relationships in light of 'Fundamental' rights. Although there are some excep-tions, in general, as a consequence of this new constitutional paradigm is appears that, most latin America legal systems have gone: i) from a 'totalitarian' family model to a more 'democratic' one, where there is an attempt to harmonize the family interests with the personal interests of all its members; and ii) from a 'unique' family model to the recognition of a 'plurality' of family models, all equally worthy of protection.
Iris type:
02.01 Contributo in volume (Capitolo o Saggio)
Keywords:
"constitutionalization" and "internationalization" of family law; "democratization" of the family; "plurali-ty" of family models; matrimonial family; "convivial" family; "homoparental" family; single parent family; blended family; extended family; indigenous family.; Latin America neoconstitutionalism
List of contributors:
Esborraz, DAVID FABIO
Book title:
LIBER AMICORUM SERGIO MARCHISIO. Il diritto della comunità internazionale tra caratteristiche strutturali e tendenze innovative, vol. II