El matrimonio de parejas del mismo sexo y la Corte Constitucional de Colombia

In Colombia, gay people are part of a group that has been historically marginalized and discriminated, including by the law. The Constitutional Court has played a leading role in the recognition of rights to homosexuals; from an evolutionary interpretation, it has been extending its protection, firs...

Full description

Autores:
Ricaurte C.J.M.
Carrillo Cruz, Yudy
Tipo de recurso:
Article of journal
Fecha de publicación:
2023
Institución:
Universidad Cooperativa de Colombia
Repositorio:
Repositorio UCC
Idioma:
OAI Identifier:
oai:repository.ucc.edu.co:20.500.12494/50989
Acceso en línea:
https://doi.org/10.4067/S0718-09502018000100079
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85050270297&doi=10.4067%2fS0718-09502018000100079&partnerID=40&md5=90916fcfb18206ca1ad29fa07936e98d
https://hdl.handle.net/20.500.12494/50989
Palabra clave:
CONSTITUTIONAL COURT
MARRIAGE OF SAME SEX COUPLES
RIGHTS OF GAY PEOPLE
Rights
openAccess
License
http://purl.org/coar/access_right/c_abf2
Description
Summary:In Colombia, gay people are part of a group that has been historically marginalized and discriminated, including by the law. The Constitutional Court has played a leading role in the recognition of rights to homosexuals; from an evolutionary interpretation, it has been extending its protection, first, the exercise of individual rights without discrimination and later to rights to form a family and marriage. Since June 30, 2013, the same-sex couples were empowered by a judgment of the Constitutional Court to appear before notaries and judges of the Republic to formalize and solemnize their union through a contractual link. The problem raised in this article is about the jurisdiction of the Court to intervene in matters that are the exclusive configuration of Congress. The authors do a documentary review of jurisprudence of the Court and of national and international laws to respond to this problem. © 2018 Universidad Austral de Chile.