Journal article Open Access

Comparative socio-legal study of the family and marriage in Ecuador and Peru [Estudio socio-jurídico comparado de la familia y el matrimonio en Ecuador y Perú]

Vélez C., Manuel

This paper presents a comparative study between international law regulations and the Ecuador and Peru constitutions on family and marriage in relation to the recognition of rights. Thus, in four sections, I will present: 1) the theoretical foundations of these institutions, 2) the Ecuadorian and Peruvian legal framework on family and marriage, 3) the legislation compared between these two countries and 4) the differences and similarities between the comparative law on family and marriage. One of the main results of this study is that, although Peruvian legislation "protects the family and promotes marriage", recognizing these "as natural and fundamental institutes of society", Article 4 of the Constitution Politics of Peru does not contemplate the constitution of families "by legal or de facto ties" in "equality of rights and opportunities of its members", which in turn are established in the Constitution of the Republic of Ecuador (Article 67), that it is in accordance with article 15 of the Additional Protocol to the American Convention on Human Rights; this difference occurs because the Peruvian Constitution adopts the regulations of the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights

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