Browsing by Author "Nossa Saldarriaga, Carlos Alfonso"
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Item La protección jurídica a la familia conformada por parejas del mismo sexo desde la constitución política de 1991 a la actualidad y sus repercusiones fácticas en el departamento del Valle del Cauca y el municipio de Cali(Universidad Santiago de Cali, 2019) Nossa Saldarriaga, Carlos Alfonso; Bustos Romero, Michel FedericoThe purpose of this work is to collect the necessary data to perform a complementary analysis of the rights recognized to families formed by same-sex couples in Colombia, in such a way that an updated and extended family concept can be specified that allows us to identify the gains and challenges that lie ahead, due to principles such as equality, personal self-determination, the free development of personality, individual integrity, freedom among others. This research is based on a qualitative methodology which proposes to carry out a legal and jurisprudential analysis by taking each of the milestone judgments and complementary laws concerning the subject of study; as it is the legal protection of families formed by same-sex couples from the Political Constitution of 1991 to the present, although the focal point of this investigation is Colombia, the department of Valle del Cauca and the municipality of Cali, It is convenient that we take a tour of international norms and agreements on the rights of homosexuals and their capacity to form families. This research is carried out through a qualitative analysis; We understand as primary sources the laws and judgments of constitutionality and guardianship of the Constitutional Court, and as a complementary source some research works already carried out, as well as articles from indexed journals, among other complementary academic texts for the analysis of the subject of study. As a result of the research work seeks to respond to the general objective, likewise, respond to issues that relate to the subsidiary questions, this is: Current concept of family, recognized rights to same-sex couples, mandatory constitutional precedent and its numerous pronouncements for its non-application, and finally the legitimacy of the Constitutional Court as creator of rights. Finally, we will then direct this work in a basic research because it seeks knowledge of reality or phenomena of nature, to contribute to a society increasingly advanced and that responds better to the challenges of humanity. Which does not actually seek the practical application of their discoveries, but the increase of knowledge to answer questions or for that knowledge can be applied in other investigations.