The Right To Same-Sex Marriage In The Light Of The Inter-American And European Human Rights Systems, And The Displacement Of The Doctrine Of National Discretion In Mexico
Main Article Content
Abstract
This article examines the scope and limits that the figure of same-sex marriage has had within the framework of the inter-American and European human rights systems in relation to the national discretion of its Member States, and how the Supreme Court of Justice of the Mexican Nation (SCJN) has adopted a doctrine of full recognition of that civil institution as a human right and displacing that margin to the detriment of the democratic principle. The Mexican Court has perhaps been the only court in the world to compel all States of the Federation to recognize through jurisprudence the institution of marriage equally (equal marriage) which has had a number of theoretical consequences that were difficult to overcome, as well as a distortion of the democratic principle in Mexico.
Downloads
Metrics
Article Details
Licensing
TURCOMAT publishes articles under the Creative Commons Attribution 4.0 International License (CC BY 4.0). This licensing allows for any use of the work, provided the original author(s) and source are credited, thereby facilitating the free exchange and use of research for the advancement of knowledge.
Detailed Licensing Terms
Attribution (BY): Users must give appropriate credit, provide a link to the license, and indicate if changes were made. Users may do so in any reasonable manner, but not in any way that suggests the licensor endorses them or their use.
No Additional Restrictions: Users may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
