UBACyT research projects
Starting date of the project
July 1, 2011
Ending date of the project
June 30, 2014
Code
20020100100647
Type of project
Consolidated group
Title
The sexual identities in family law. Social consciousness and legal legitimacy.
Director
Nelly Minyersky
Codirector
Beatríz Rajland
Contact
| MEMBERS | ||
|---|---|---|
| N° | Name | Category |
| 2 | Mónica Levy Lea | Researcher formed |
| 3 | Miriam Smayevsky | Researcher formed |
| 4 | Adriana Mónica Wagmaister | Researcher formed |
Keywords
Sexual identity
Law 26.618
Filiation
Abstract
The project – interdisciplinary – we propose the analysis of tensions, problems and conflicts related with the application of law 26.618 (for "equal marriage"), the identification of any legislative gaps that may arise and propose overcoming the development of which will deepen the receipt of sexual identities in family law. We assume sexual identities, their rights and reproductive rights from the principles of equality and belonging to all human rights. Also interested in the project, delving into the social consciousness changes that have allowed the progressive inclusion of sexual diversity in the field or law and deepening the approach to the consideration of equality as a goal. The recent approval of Law 26,618 amending the Civil Code regarding civil marriage while incorporating the couple of the same sex, has raised and raises many debates both in Argentina and worldwide. It means certainly a huge step forward in relation to respect for sexual identity and the rejection of the identification between genitals and procreation which historically has been sustained by the power of the church. The enactment of the law removes sacred concepts, historical or ius naturalists who have prevailed in our family law. They have begun to detect, after the sanction of the law 26.618 in both the debate and the application, some tensions related to filiations regarding children of same-sex couples, now regularized en our family law such as marriage, to issues related to assisted reproduction and adoption. There are different interpretations that could affect the decisions of administrative and judicial public officials. Not a problem in the future. Children of same-sex couples have existed before and independently of the adoption of the law. Interest guarantees full equality of rights as children of heterosexual couples, including those born before the adoption of the law. It´s necessary that will continue to deepen the amendments to family law. Interest if the society responsive the necessary legally changes to legitimize the different variants.