Adoption In Homoparental Families And The Construction Of New Social Paradigms In Colombia

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Adoption in homoparental families and the construction of new social paradigms in Colombia

Colombia has within its current discussion themes the possible adoption by homoparental couples. This issue has resulted in positions that have considerably divided society, both for and against. This essay aims to analyze the increase that constitutional jurisprudence, judgment C-683 of 2015 which allows adoption by homosexual couples. The foregoing presented a significant change in the argumentative line that the Constitutional Court had developed, although it argues the disputes surrounded around this issue.

Homoparental adoption is a new historical innovation tied to two primary transformations of Western culture. On the one hand, since the 21st century, children are educated with other new values ​​such as the derivation of the modern concepts of home that have manifested and, on the other, that within the scientific authority for several years homosexuality was revoked from be considered as a pathology, disorder or as a perversion for psychology. Homoparental adoption generates so many questions because it redefines the traditional father-madre-child triangle on which the traditional family model had been based until now.

Homoparental adoption has been one of the most important aspirations in the agenda of the entire world LGBTI groups as part of a process of inclusion and recognition of rights. Although the advances in this front have been very significant, there is strong opposition to homoparental adoption among those who consider that the true subject of law is not adopting parents but the minors in addition to questioning the ability of homosexual couples for the raising and education of their children. The discussion has transcended the philosophical terrain and has become an additional ingredient in the permanent political debate between liberal ideas (favorable to homoparental adoption) and the most conservative (defenders of the historical family model).

The constitutional principles of homoparental adoption

The expedition of the 1991 Constitution deduces for Colombia a deep adaptation in the conception of the State and in the way of how relations between this and the common of people follow, even the way you have been regulating private relations. In the initial part of the Constitution, a series of principles, an extensive list of fundamental rights and its treated mechanisms of protection is established and the fundamental task of providing the dignity and well -being of all the people surrounding the surroundings were given to the Colombian State territory.

One of the most important chapters within the catalog of rights incorporated in the Constitution was the integral protection of children and adolescents. The integral nature of protection is the structuring axis in this matter and is the guiding principle in the regulations that deal with the subject. From the science of integral protection, children are recognized as sovereign people, subjects of responsibilities, that is, not only the problems that affect them are recognized. Article 7 of Law 1098 of 2006 (Code of Children and Adolescents) says that this principle of integral protection such as the recognition of the rights of children, and the fulfillment of them; In addition, it materializes in the set of policies, projects, and actions that are carried out in national, departmental, district and municipal fields.

Family concept

Family, according to article 16.3 of the Universal Declaration of Human Rights of 1948, it is a natural and fundamental element of society, it must be protected by this declaration and by the State. On the other hand, article 42 of the Colombian Political Constitution decrees that the family is the fundamental center of society and is also constituted by natural or legal links, for freely choosing a couple of men and women (heterosexual) to marry.

The previous principles have had a noticeable and important transformation, the Constitutional Court has expressed, Judgment C-577 of 2011 (Constitutional Court of Colombia, 2011) and the T-070 of 2015 (Constitutional Court of Colombia, 2015a) that is expressed By family, “that community of people related to each other by natural or legal links, which founds its existence in love, respect and solidarity, and that is characterized by the unity of life or destination that intimately links its most members of its members next ".

Homosexualism and religion

The discussion regarding the concept and conformation of families is not limited to the legal field. The notion of family is one of the most deeply rooted foundations in the content bodies of many religions, especially of the Catholic religion that is still majority in Latin America and some countries of Western Europe, Africa and Asia.

In the Catholic tradition, the recognition of certain rights claimed by homosexuals is rejected, particularly that of adoption. The livelihood of this position is the thesis that homosexuals "are made, they are not born", so accepting gay marriage would be to create "an environment prone to homosexuality".

There are authors who go back to see a perception from another time as Gracly R. (2016) who indicates that:

If we return to ancient Greece, homosexuals were socially and culturally accepted. Recognized philosophers of the time used passion between teachers and apprentices to form hierarchies in different scholarships. On the other hand, the period of Christianity leads to the confusion between the Church and the State and, therefore, the laws of that time tend to follow guidelines and principles of Catholicism. This is why homosexuality is transformed into a crime called sodomy, punished by divine law and persecuted by law and human authorities.

Araos San Martín (2003) indicates that for Aristotle ethics is defined as a relationship between the common good of citizens and the happiness that the latter can achieve through the practice of virtue. The greatest possible, which results from reflection and a moderate attitude towards life, allows you to choose virtues such as the common good and generate in the system a republic where it is treated to generate an coupling and understanding of the subject. Within this logic, in the search for the common good, as a maximum purpose of our actions, the prevalent interest should be the search for the well -being of abandoned children.

On the other hand, conclusive scientific evidence is very limited that the raising of a child in same -sex couples generates alterations in the sexual identity of minors. In fact, the evidence strongly points in another direction because there are many more cases of homosexual people raised in heterosexual homes. When the possible negative incidence of homoparental parenting on the formation of their children’s sexual preferences is discard mechanism to allow abandoned children to grow in the environment of protection and care from which they were private.

Allowing homoparental adoption is undoubtedly a transformation of deep draft in our legal system and the structure of values ​​of our society. This decision has multiple repercussions as a greater acceptance of difference and minorities, the protection and effective guarantee of rights, all of the above focused on social transformation as a fundamental pillar of the well -being of others.

For all the above it is necessary to question about the need to generate both conceptual and constitutional change against the recognition of homoparental families and the acceptance of the guarantee of their social rights, with the objective, to reduce discrimination and separation rates social that have their origin in different religious perspectives. Today the LGBTI community demands a reform for the right to family formation, as well as the decrease in equity barriers and the execution of actions attached to the common good, since, this population is wrapped today as a of the most excluded minorities today in terms of equity and guarantee of rights.

Although article 42 of the Political Constitution of Colombia expresses that: “The family is the fundamental core of society. It is constituted by natural or legal links, by the free decision of a man and a woman to marry or by the will responsible for forming.”(Artº 42, Political Constitution of Colombia 1991). According to article 13: “All persons are born free and equal to the law, will receive the same protection and treatment of the authorities and enjoy the same rights, freedoms and opportunities without any discrimination for reasons of sex, race, national origin or family, language, religion, political or philosophical opinion ”(Artº 13, Political Constitution of Colombia 1991).

Therefore, the right to guarantee of these is high legal entity regarding family formation by same -sex couples, propagates social breakdown and excludes the LGBTI population regarding the free and autonomous development of the desire to form a legally accepted family, as well as the full development of their life.

Likewise, from the Aristotelian posture in relation to happiness and the common good, in which, the point of reference in this text is mentioned, the importance of looking at ourselves, with autonomy and freedom, which are, which are, which are, which are, which are, which are, which are, which are, which are, which are considered as a reference point. The framing of happiness by politics, as concepts related to the topic to be discussed, since, it is here, where the denial and discrimination by the legal entity, proposes the social rupture of joint positions for all its inhabitants and The importance of structuring these regulatory entities as the main objective for the framing of happiness together, that is, for the population excluded and fully providing the development of their lives. 

Free Adoption In Homoparental Families And The Construction Of New Social Paradigms In Colombia Essay Sample

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