In the Right Direction, Family Diversity in the Inter-American System of Human Rights

Authors

Macarena SáezFollow

First Page

318

Last Page

351

Abstract

This Article argues that the Inter-American System of Human Rights has contributed to a family system that embraces gender equality and non-heterosexual and gender non-conforming families. It argues that the system had, from its inception, an expansive idea of the family that included associations outside marriage. This was the basis for a robust development of the concepts of equality and non-discrimination by the Inter-American Commission of Human Rights and the Inter-American Court of Human Rights. Although the IACtHR has only decided a handful of cases related to the non-heterosexual family, its rich case law on equality and the right to family is favorable to family diversity, including marriage equality. The Inter-Amerrican system, however, must be careful not to fall into the trap of privileging the married family after so much progress towards family diversity.

Repository Citation

Macarena Sáez, In the Right Direction, Family Diversity in the Inter-American System of Human Rights, NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW 318 (2019).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/639