Alliance between the right to identity and the right to family life as a constitutional/conventional basis to rethink adoption in a contemporary key
In this essay we propose to rethink the centrality of the right to identity as the base human right or backbone of the adoptive legal system in Argentine law. It happens that the right to identity, although always in a relational context such as that contained in filiation, focuses on the satisfacti...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2025-02-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1940 |
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| author | Marisa Herrera |
| author_facet | Marisa Herrera |
| author_sort | Marisa Herrera |
| collection | DOAJ |
| description | In this essay we propose to rethink the centrality of the right to identity as the base human right or backbone of the adoptive legal system in Argentine law. It happens that the right to identity, although always in a relational context such as that contained in filiation, focuses on the satisfaction and protection of people as such, would encounter certain limitations when delving into all interactions – beyond the binarism. relational – that involve certain contemporary problems of adoption. For the purposes of this interpellative task, we are encouraged to get into the ring and thus dispute this centrality in light of the development of the right to family life, taking arts as a starting point. 17 of the ACHR and 8 of the ECHR with the consequent dynamic interpretation carried out by the Inter-American Court of Human Rights and the European Court of Human Rights.
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| format | Article |
| id | doaj-art-12599b4361ea48b892311b11b08e098a |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2025-02-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-12599b4361ea48b892311b11b08e098a2025-02-03T09:36:40ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712025-02-0115110.35295/osls.iisl.1940Alliance between the right to identity and the right to family life as a constitutional/conventional basis to rethink adoption in a contemporary keyMarisa Herrera0Universidad de Buenos Aires/CONICETIn this essay we propose to rethink the centrality of the right to identity as the base human right or backbone of the adoptive legal system in Argentine law. It happens that the right to identity, although always in a relational context such as that contained in filiation, focuses on the satisfaction and protection of people as such, would encounter certain limitations when delving into all interactions – beyond the binarism. relational – that involve certain contemporary problems of adoption. For the purposes of this interpellative task, we are encouraged to get into the ring and thus dispute this centrality in light of the development of the right to family life, taking arts as a starting point. 17 of the ACHR and 8 of the ECHR with the consequent dynamic interpretation carried out by the Inter-American Court of Human Rights and the European Court of Human Rights. https://opo.iisj.net/index.php/osls/article/view/1940Right to family lifeadoptionright to identityregional human rights system |
| spellingShingle | Marisa Herrera Alliance between the right to identity and the right to family life as a constitutional/conventional basis to rethink adoption in a contemporary key Oñati Socio-Legal Series Right to family life adoption right to identity regional human rights system |
| title | Alliance between the right to identity and the right to family life as a constitutional/conventional basis to rethink adoption in a contemporary key |
| title_full | Alliance between the right to identity and the right to family life as a constitutional/conventional basis to rethink adoption in a contemporary key |
| title_fullStr | Alliance between the right to identity and the right to family life as a constitutional/conventional basis to rethink adoption in a contemporary key |
| title_full_unstemmed | Alliance between the right to identity and the right to family life as a constitutional/conventional basis to rethink adoption in a contemporary key |
| title_short | Alliance between the right to identity and the right to family life as a constitutional/conventional basis to rethink adoption in a contemporary key |
| title_sort | alliance between the right to identity and the right to family life as a constitutional conventional basis to rethink adoption in a contemporary key |
| topic | Right to family life adoption right to identity regional human rights system |
| url | https://opo.iisj.net/index.php/osls/article/view/1940 |
| work_keys_str_mv | AT marisaherrera alliancebetweentherighttoidentityandtherighttofamilylifeasaconstitutionalconventionalbasistorethinkadoptioninacontemporarykey |