Characterisation and function of the legal concept of family in the Chilean Supreme Court’s case law

Authors

  • Susan Turner Saelzer Universidad Austral de Chile
  • Yanira Zúñiga Añazco Universidad Austral de Chile

DOI:

https://doi.org/10.18042/cepc/aijc.28.09

Abstract

The paper adresses the difficulties of legally conceptualising the family considering the current confluence of different legal frameworks (civil, constitutional and international), which have an impact on the matter and which, in addition, operate in a context of social change. It delves into the Supreme Court’s understanding of the family in its case law, concluding that, like the European Court of Human Rights, it has opted for a dynamic interpretation that is functional to the specific case’s peculiarities, the subject matter of the conflict and the person seeking judicial protection. In doing so, it takes distance from any attempt to establish a single, all-encompassing concept of family.

Published

2024-07-04