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- Title
EL PRINCIPIO DE NO DISCRIMINACIÓN EN LAS RELACIONES DE FILIACIÓN.
- Authors
RODRÍGUEZ MORATA, FEDERICO A.
- Abstract
The recognition of the principle of formal equality (art. 14 and 39.2 CE) in filiation relationships imposed that the old discriminatory treatment that, mainly, extramarital or adoptive children received before the 1978 Constitution has been corrected in the current Civil Code and in special legislation. However, since equality is a relational and incomplete concept, so that equality cannot be identified with identity or the obligation to treat all people exactly the same and in the same way, filiation relationships have to be understood in terms of the concurrent circumstances in each specific case in relation to which the anti-discrimination principle is invoked. Therefore, strictly speaking, the prohibition of discrimination is not violated when a differentiated treatment is introduced between filiation by nature, be it marital or extramarital, and filiation by adoption.
- Subjects
EQUALITY; CONSTITUTIONS; PATERNITY
- Publication
Derecho Privado y Constitución, 2021, Issue 38, p157
- ISSN
1133-8768
- Publication type
Article
- DOI
10.18042/cepc/dpc.38.05