Article 75 The State protects the family as a natural union of society and as a fundamental space for the integral development of persons. Family relations are based on equality and duties, solidarity, common effort, mutual understanding and mutual respect among its members. The State guarantees the protection of the mother, father or those who exercise the head of the family. One of the fundamental institutions of family law is marriage, which is the legal union of two people called cónyuges who agree to achieve a community of life, to help each other and to make free, responsible, voluntary and informed reproductive choices that correspond to their life project. including©the possibility of reproduction or adoption. The law stipulates that food must be proportional to the possibilities of the one who must give it and the needs of the one who must receive it. The maintenance debtor fulfils his obligation by paying maintenance or integrating the maintenance creditor into the family, but taking into account the circumstances of the case, the court may determine provisional measures and the maintenance obligation, which may be modified if the factual circumstances it has determined change. The obligation to provide food may be suspended or withdrawn if the cases provided for by law occur in the case. Article 40 The State shall protect mothers, fathers and heads of household in the exercise of their functions. It will encourage the joint responsibility of father and mother and supervise the fulfilment of mutual duties and rights between parents and children. Children have the same rights, regardless of their filiation or adoption. PANAMA ARTICLE 52: The State shall protect marriage, maternity and the family.
The law determines matters related to marital status. The article was also a response to Nazi laws that prohibited interracial marriages, the right to marry, and granted a family between “adult men and women without restriction on the basis of race, nationality, or religion.” Equality is guaranteed “during marriage and at its dissolution”. This softer term for “divorce” had provoked heated debates during the drafting process. Some argued that it would even send a signal to the general public that the UN “approves divorce under the same conditions as marriage.” GUATEMALA Article 47: Protection of the family. The State guarantees the social, economic and legal protection of the family. It will promote its organization on the legal basis of marriage, equality of spouses, responsible paternity and the right of individuals to freely determine the number and distance of their children. The law regulates the formalization, recognition and dissolution of marriage, as well as the rights and obligations arising from these acts. Article 49: Marriage. The marriage may be approved by mayors, councillors, sitting notaries and ministers of culture authorized by the competent administrative authority. Section 4. The community and the State protect in particular children, adolescents, mothers and the elderly in situations of neglect. They also protect the family and promote marriage.
They recognize the latter as natural and fundamental institutions of society. A Bolivian activist highlights how indigenous women who identify as lesbian or bisexual face triple discrimination that forces them to migrate from their communities and away from their families, cultures and even their own identities. The law proclaims that everyone has equal legal rights to marry, but this guarantee is not legitimate in the following cases: Article 57: Elderly persons Every elderly person has the right to comprehensive protection. The family, society and government promote their well-being through social services that meet their food, health, housing, cultural and recreational needs. Marriage is considered a legal institution of relevant importance in today`s societies, allowing the development of families with all rights and obligations through a legal act. Procedure in family matters Procedure: Eduardo Couture: “the sequence or series of actions that take place gradually, with the aim of resolving the conflict subject to its decision by means of a judgment of authority”. Article 81 Everyone with disabilities or special needs has the right to the full and independent exercise of his or her abilities and to the integration of the family and the community. The State, with the solidarity of families and society, guarantees respect for their human dignity, equal opportunities, satisfactory working conditions and promotes their education, training and access to employment in accordance with their conditions and in accordance with the law.
