El poliamor a debate

Authors

  • Alejandro Martínez Torío

Abstract

This paper aims to introduce a new model of family life, the polyamory relationship, and its place in the different legal systems of the European Union. To do this, the definition of polyamory will be provided from the positive and negative standpoints, taking as a context the evolution of the traditional form of family life into the current forms of family life that coexist in Western societies. Likewise, in order to clarify whether or not the polyamorous personal relationship could hold a place in the concept of family that regulates both the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, on which the Courtshave had the occasion to rule, we will proceed to its analysis, reflecting on whether polyamory can be included in this concept. We also make reference to the specific case of Spain through a study of the 1978 Constitution and of the jurisprudence that the Constitutional Court has built around the concept of family. Lastly, as a brief conclusion, some legal issues posed by polyamorous families as a new form of family life are presented.

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Published

2017-05-30

Issue

Section

Studies