Abstract

ARAYA MADARIAGA, Víctor. The Principle of Conforming Interpretation to Human Rights in Two Sentences: Homo-parental Filiation and Same-sex Marriage. Opin. jurid. [online]. 2021, vol.20, n.42, pp.255-274.  Epub May 19, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n42a10.

Current Constitutional Law has developed its interpretation techniques to avoid the hermeneutic tools from the legal interpretation, which are inadequate for solving conflicts related to Human Rights. The principle of conforming interpretation is among these tools. The objective of this article is to verify its application in Chilean jurisprudence. This research hypothesizes that it is not applied every time it is required, which results in different solutions every time it is invoked in comparison to those in which it is not. By employing the dogmatic and the case method through two legal sentences, this study analyzes its practical implementation. The study concludes that one of them applies it properly, while the second one omits it by sentencing something different than what would have been sentenced if the principle was considered, nonetheless, both sentences had to embrace the request of those who requested judicial intervention. Thus, the article states that a constitutional modification might allow a binding application for all cases.

Keywords : human rights; conforming interpretation; homo-parental filiation; samesex marriage; constitutional right.

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