Examinando por Materia "Poliamor"

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    Ítem
    Hacia un reconocimiento de relaciones de polifidelidad en el ordenamiento jurídico colombiano
    (Universidad EAFIT, 2023) Plazas Rodríguez, Tiffany; González Jaramillo, José Luis
    Polyamory is a relatively new and unknown terminology in law, even in family law. It is conceived as a union of multiple consensual and simultaneous romantic and/or sexual relationships whose members have loving, emotional and economic ties on a constant and lasting basis. In the face of our legal system and that of other external systems, it is a novelty that could pose some challenges with respect to the general rules, in this case, to family law. The purpose of this monograph is to identify and clarify the concept of polyamory as a new form of relationship and family. In this sense, it is proposed to use the concept of polyfidelity in the field of law. Then, it will be investigated in our jurisprudence the different pronouncements that the Court has had regarding this neologism, and it will be determined if the polyfidelity relationships are covered under the normative recognition; likewise, the advances of other legal systems in family law regarding polyfidelity will be examined. Finally, the possible challenges for the future acceptance and recognition of polyfidelity unions in our legal system will be established.
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    Ítem
    Más allá de dos : filiación y derechos de los niños en uniones poliamorosas
    (Universidad EAFIT, 2024) Koegler Suárez, Vanessa; Urrego Márquez, Daniela; Alzate Tobón, Laura Daniela
    This document analyzes the rights of minors and adults and their obligations within poliamorous unions in Colombia, approaching legal difficulties and lack of regulations for this kind of families. Even if both the Colombian Constitution and legislation have made steps towards the recognition of family diversity, there still is a major legal gap when it comes to poliamorous families. These gaps directly affect the rights of children, since it is only legally allowed for their recognition from two parents, limiting their access to law based protection, legal parentage, child support and parental authority. Also, it is suggested that a necessity exists for a reform in Colombian legislation to include poliamorous families within legal frames following the examples of other countries where significant steps have been taken towards the recognition of multi-parenthood. These reforms should be centered around the principle of the superior interest of the child, guaranteeing that all the adults that perform a parental role in a child’s life can be legally recognized and assume equal responsibilities. It is proposed that mechanisms such as the widening of the concept of family to include more than two parents within it, the legal recognition of cohabitation agreements and the creation of inclusive laws that adapt to new family realities. The study concludes that legal adaptation is fundamental to guarantee the protection of minor’s rights in Colombia, recognizing the diversity of family structures and ensuring that all children receive the support and protection that they deserve, independently to the family type that they grow up in.