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Revista Derecho del Estado

Print version ISSN 0122-9893

Abstract

PERILLA GRANADOS, JUAN SEBASTIÁN ALEJANDRO. Diverse Families Made Up of Subjects Expelled from their Biological Families: A Hermeneutical Proposal for Constitutional Protection. Rev. Derecho Estado [online]. 2024, n.60, pp.83-105.  Epub Sep 21, 2024. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n60.05.

As a consequence of family relationships of subordination based on dependency, some people are expelled from their biological families for being sexually diverse, self-identified with divergent genders and/or with sexual orientations that are not necessarily heteronormative. Given the conditions in which they are expelled, people who do not have an extended family to support them end up facing street conditions or similar precarious situations, which prevent them from meeting the minimum necessary for a consistent subsistence. Despite this, in some exceptional cases it happens that a group of people in the same situation come together to guarantee their minimum, to have the possibility of performing socially and contributing to others through solidarity. These relationships reach such a point that they recognize themselves as families with defined roles as mothers, children or siblings. To promote a way to recognize, protect and guarantee the rights of these subjects, this article proposes, from the authentic interpretation of constitutional norms, a disruptive way of understanding new family models from and for increasingly diverse realities.

Keywords : Diverse family; anti-formalism; authentic interpretation; family law; sexual diversity.

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