Publicación:

Aspectos jurisprudenciales sobre los derechos de las parejas homosexuales en Colombia

Resumen

This work is a tour by the judgments of the Constitutional Court handed down between 1993 and 2015 concerning the rights of same-sex couples. The starting point is the judgment T - 594 of 1993 , through which the right to the name change , as a constituent element of the right to free development of personality protection and ends with the sentence C - 071 of 2015 , which the Court examines whether it conforms to the Constitution the possibility for them to adopt same-sex couples . The debate on the recognition of rights to same-sex has led to positions filed against the rights that are claimed on such occasions is opposition from political and social institutions; at other times the opposition has taken place on the part of political actors. However, the scope of the law have failed to permeate society, since it is taking place daily events of discrimination due to ignorance, or rather the non-application of precedent. This case law review makes evident that the achievements of the LGBTI community , are the result of social processes that have achieved legal recognition, but they have had a long and arduous journey through the courts , where they have demystified the junctions between pairs same-sex Arche in the middle; This legal recognition has been made from different perspectives : individual or minority group and the dimension of the couple protected by the Constitution of Colombia as executor of a life .