Culture of legality in the Homoparental Family

  • Oscar Samario Hernandez Universidad Autónoma del Estado de Morelos
Keywords: Assisted Human Reproduction Techniques, Homoparental Family, Co-Paternity - Co-Paternity, Human Rights Protection System, Legal Pluralism, Identity Studies - Gender Equity.

Abstract

Contemporary society generates under the new schemes of social development a legal conformation called legal pluralism. The family integrated to the State, presents social relations of a deep singularity; unions, union corporations, its consequences in the exchange of goods, economic developments, has generated concepts such as property, contracts, wills, donations, for which reason international dispute resolution instruments have been updated to resolve through judgments such as that in this article are analyzed by the IACHR that permeate and harmonize in the plans of the Internal Legal Order of the States parties, which are obliged subjects in the binding resolution in matters of conflicts of the order of multicultural conflicts. Dealing here with the issue of the Family Institution from the particular edge of legal pluralism, Legal Science contributes to the universality of the principles of Law, in which equality, legal certainty allow the IACHR to settle human rights controversies. The American Convention on Human Rights contemplates equality without distinction and strict adherence to non-discrimination, these are the bases of any instrument that supports and protects Human Rights. Therefore, in a social review from Legal Science, we currently find its correct updating and application even in challenges such as Globalization in which they are dealt with in a particular way in this academic contribution aimed at advances in Assisted Human Reproduction Technologies. , its regulation to interpret international treaties, contributing to resolve the complexity of conflicts over DD HH, requiring an update for Mexico.

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Author Biography

Oscar Samario Hernandez, Universidad Autónoma del Estado de Morelos
Doctor en Derecho y Globalización. Docente FDyCS UAEM; Candidato al SNI 2021 – 2024. Estancia Posdoctoral CONACYT octubre 2022, Universidad Autónoma del Estado de Morelos, México. oscar.samario@crim.unam.mx

References

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Published
2023-06-14
Section
Investigaciones en Derecho y ciencia política