Especialización en Derecho de Familia
Permanent URI for this collection
Browse
Browsing Especialización en Derecho de Familia by Subject "Adopción de niños"
Now showing 1 - 3 of 3
Results Per Page
Sort Options
Item Consideraciones en forma al concepto de familia y su importancia para la adopción homosexual en Colombia(Universidad Santiago de Cali, 2017) Álvarez Bonilla, Luisa Alejandra; Palacios Vergara, Pamela; Jaramillo Rojas, Carlos AlbertoThe Colombian Constitutional Court, for more than ten years, has presented in its decisions arguments to better understand the scope of article 42 of the Political Constitution, which deals with the family, especially on the links that allow special recognition and protection of part Of the State. However, despite evidence of a hermeneutic uniformity up to 2007, the Court breaks with the same uniformity, and begins to give different scope to the concepts that article 42 of the Constitution presents regarding the nuclear foundation of the family, giving The step that the homosexual practices of a couple fully assimilate, as far as it may correspond, to the legal consequences that have heterosexual unions that manage to establish a family bond for the responsible commitment and before the dynamics of existence of the love that is Manifest, including opening up to a domestic community of upbringing and solidarity. The Court assumes a new role under the assumption that, being guardian of the Constitution, and in its duty to interpret it, it shows how there should be special protection by the State to the sovereign and responsible decision to form a family by those who practice it homosexualityItem Importancia de la familia para la adopción de parejas del mismo sexo de conformidad con las sentencias de la corte constitucional(Universidad Santiago de Cali, 2019) Vivas Pabón, Andrea Patricia; Santana Naranjo,NataliaThe Colombian Constitutional Court, for more than ten years, has been presenting in its judgments arguments to better understand the scope of article 42 of the Political Constitution, which deals with the family, especially the links that allow recognition and special protection on the part of the State. However, despite evidencing a hermeneutical uniformity until 2007, the Court breaks with the same uniformity, and begins to give different scope to the concepts that Article 42 of the Constitution presents regarding the nuclear foundation of the family, giving the step to homosexual practices of a couple are fully assimilated, as far as they may be concerned, to the legal consequences of heterosexual unions that manage to establish a family bond by responsible commitment and the dynamics of the existence of love that is they manifest, including the opening to a domestic community of upbringing and solidarity. In relation to the adoption of children, by same-sex couples, which is the issue at hand, the Court assumes a new role with judgment C-683 of 2015, which establishes categorically and categorically that couples of the same sex they can adopt, since the sexual orientation of a person of the same sex or their sex are not, by themselves, indicators of lack of moral, physical or mental suitability to adopt; therefore there must be a special protection by the State to the sovereign decision and responsible for forming a family for those who practice homosexualityItem Importancia de la familia para la adopción de parejas del mismo sexo de conformidad con las sentencias de la Corte Constitucional(Universidad Santiago de Cali, 2019) Vivas Pabon, Andrea Patricia; Bustos Romero, Michel FedericoThe Colombian Constitutional Court, for more than ten years, has been presenting in its judgments arguments to better understand the scope of article 42 of the Political Constitution, which deals with the family, especially the links that allow recognition and special protection on the part of the State. However, despite evidencing a hermeneutical uniformity until 2007, the Court breaks with the same uniformity, and begins to give different scope to the concepts that Article 42 of the Constitution presents regarding the nuclear foundation of the family, giving the step to homosexual practices of a couple are fully assimilated, as far as they may be concerned, to the legal consequences of heterosexual unions that manage to establish a family bond by responsible commitment and the dynamics of the existence of love that is they manifest, including the opening to a domestic community of upbringing and solidarity. In relation to the adoption of children, by same-sex couples, which is the issue at hand, the Court assumes a new role with judgment C-683 of 2015, which establishes categorically and categorically that couples of the same sex they can adopt, since the sexual orientation of a person of the same sex or their sex are not, by themselves, indicators of lack of moral, physical or mental suitability to adopt; therefore there must be a special protection by the State to the sovereign decision and responsible for forming a family for those who practice homosexuality.