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| Format: | Artículo científico |
| Language: | en |
| Published: |
Universidad de La Sabana
2006
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| Online Access: | https://www.redalyc.org/articulo.oa?id=72001522 |
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Table of Contents:
- Securing a Future for Children: the International Custom to Protect the Natural Family Jane Adolphe Derecho sex same Family marriage human rights The paper argues that Art. 16(3) of the Universal Declaration of HumanRights has become customary international law, and therefore, all Statesare obliged to promote, protect and give preference to the natural familybased on marriage between one male and one female (in a nuclear orextended family arrangement) over so-called "new family forms" (e.g.cohabitating opposite-sex and/or same-sex couples). This means thatStates breach their obligation under Art. 16 (3) when they treat so-calledalternative forms of families as equivalent to the family based on heterosexualmarriage (i.e. giving the same benefits). The paper uses Canada asa case study to illustrate how it has breached its obligations. To this end,the paper will consider how and why the Canadian federal governmenthas contributed to the crisis of the natural family in Canada as manifestedthrough increasing rates of separation and divorce as well as of alternativefamily forms (i.e. cohabitation arrangements and so forth) and theirtreatment as equivalent to the natural family. 2006 artículo científico 0120-8942 https://www.redalyc.org/articulo.oa?id=72001522 en http://www.redalyc.org/revista.oa?id=720 Díkaion application/pdf Universidad de La Sabana Díkaion (Colombia) Num.15 Vol.20