The CGPJ draft report on the new Family Law warns that the 20 types of family that it contemplates do not fit into the Constitution and can generate “confusion, legal uncertainty and inequality”. This is stated in the paper that will be submitted to the plenary vote this Thursday and that it arrives late, because the Council of Ministers plans to send it to the Congress of Deputies today.
“Although the Constitutional Court starts from a broad concept of family, the atomization that the law carries out […] exceeds the constitutional framework and creates confusion, legal uncertainty and inequality among the recipients of the protection measures included in the Draft” the report states. The text indicates that there may be “cases of overlapping of two or more categories” of family, to which is added the equalization of single persons, “without explaining the reasons.”
The legal text promoted by the Ministry of Social Rights headed by the leader of Podemos Ione Belarra contemplates about twenty types of family, according to the count made by the General Council of the Judiciary. Namely:
1.- familia biparental
2.- single-parent or single-parent family
3.- young family (a person under 29 years of age and their children)
4.- homoparental and homoparental LGTBI family
5.- family with the greatest need for parenting support (current large families)
6.- family in which there is only one parent
7.- family in which there are people with disabilities and/or in a situation of dependency
8.- Multiple family (in which there are multiple births, adoptions or fostering)
9.- family in which adoptions or fostering take place
10.- reconstituted family (with children from previous relationships)
11.- family residing in rural areas
12.- immigrant family
13.- transnational family
14.- intercultural family
15.- family abroad
16.- returned family
17.- family in a situation of vulnerability
18.- single people
19.- people united in marriage
20.- civil partnership
The report written by the members Juan Martínez Moya and Pilar Sepúlveda considers that the draft contains a regulation “at least confusing in terms of the concepts of family unity and family”, at least in terms of the effects of applying the protection measures that behold.
Despite the criticism of the proliferation of families, the text that must now be ratified or modified by the Plenary Council offers a “positive” assessment of most of the regulation. Of course, it highlights that although in many cases it is limited to declarations of intent that need a subsequent regulatory development to be effective.
“The Preliminary Draft contains a large part of its articulated provisions of a programmatic nature, some of which are reduced to merely descriptive normative statements, without legal content as such […]. And in other cases, the normative statement lacks true virtuality and substantiation, limiting itself to reproducing in its propositions faculties or rights that are already recognized in other norms”, says the text. In the rapporteur’s opinion, “a true global framework for the protection of the family with effective legal content” is not appreciated.
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