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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Same Sex Couples: Comparative Insights on Marriage and Cohabitation


ISBN13: 9789401797733
Published: February 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £90.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when courts have viewed claims of same-sex couples and their families as problems of individual rights, they have responded with a constitutional narrative protecting same-sex couples and their families.

When courts respond to these claims with rigid concepts of what a family is and what marriage is as if legal concepts where unmodifiable, same-sex couples have remained outside the protection of the law. Until forty years ago marriage was the only union considered legitimate to form a family. Today more than 30 countries have granted rights to same sex couples, including several that have opened up marriage to couples of the same sex. Every day there is a new bill being discussed or a new claim being brought to courts seeking formal recognition of same sex couples. Not all countries are open to changing their legal structures to accommodate same-sex couples, but even those with no visible changes are witnessing new voices in their communities challenging the status quo and envisioning more flexible legal systems.

Subjects:
Family Law
Contents:
1. Introduction Macarena Saez
2. And the story comes to an end: The Constitutionality of Same-Sex Marriages in Spain
Jose Maria Lorenzo Villaverde
3. Same-sex unions in Mexico: between text and doctrine
Estefania Vela Barba
4. Same-sex Marriage in the United States: The New Protection to Marriage
Macarena Saez
5. Marriage between two. Changing and unchanging concepts of family: The case of LGBTI rights litigation on family issues in Colombia
Natalia Ramirez-Bustamante
6. Same-Sex Relationships and Israeli Law
Ayelet Blecher-Prigat;
7. Same-sex marriage in the Commonwealth Caribbean: Is it Possible?
Toni Holness
8. Legal status of same-sex couples within the framework of Turkish civil law
Basak Basoglu.