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Full-Text Articles in Law and Gender
In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez
In The Right Direction, Family Diversity In The Inter-American System Of Human Rights, Macarena Sáez
Macarena Saez
This Article argues that the Inter-American System of Human Rights has contributed to a family system that embraces gender equality and non-heterosexual and gender non-conforming families. It argues that the system had, from its inception, an expansive idea of the family that included associations outside marriage. This was the basis for a robust development of the concepts of equality and non-discrimination by the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights. Although the IACtHR has only decided a handful of cases related to the non-heterosexual family, its rich case law on equality and the right to …
Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez
Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez
Macarena Saez
This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when …