The Importance of Being Constitutional Judge, Recognizing the Rights of LGBTI Families

Authors

  • Rocío del Pilar Peña Huertas Universidad del Rosario, Bogotá
  • María Mónica Parada Hernández Universidad del Rosario, Bogotá

DOI:

https://doi.org/10.18042/cepc/aijc.20.11

Keywords:

Rights, democratic inclusion, same-sex parent families, inclusive legislation, judges

Abstract

This article discusses the inclusion of the rights of the LGBTI community in Colombian democracy and the role of the judges in such inclusion. The question we ask is whether the judges in their rulings create or apply rules that recognize rights that the lawmakers have not developed through the enactment of laws, even though such rights may be found in the Constitution. To analyze the problem, we review the rules created and applied by judges in decisions involving litigation over the rights of citizens who belong to the LGBTI (lesbian, gay, bi-sexual, trans-gender and inter-sex) community, specifically when they voluntarily decide to establish a family.

Issue

Section

STUDIES