Spicy Filipino Men SAME-SEX COUPLES COULD GO TO JAIL

SAME-SEX COUPLES COULD GO TO JAIL FOR REFUSING TO SUPPORT EACH OTHER

 
Starting in August, 2008, same-sex couples that live in "common-law" (unmarried) relationships will have the obligation to help each other with support payments that the person that has an income must give to the person that has none.  That is what the Colombian Constitutional Court has decided after analyzing a suit brought by an ordinary citizen against the penal code that established 16 to 54 months of jail and fines from 2500 to 5800 Euros for the crime of non-support.   The court considered that it was discriminatory as it only established the obligation for heterosexual couples.  

 

This is a striking decision, as until now, no law or jurisprudence has clarified the right to sue for support; nevertheless, now, the person that does not comply can go to jail, that is to say, that one can sue for support before a family court judge or a criminal court judge.

 

With this new decision, the path of "hetero-regulation" or "hetero normalization" of same-sex couples continues on its way; in deciding family make-ups to be the same as those that already exist, which constitutes, without any doubt, an advance in democracy, at the same time that they lose their secret or underground nature.  Power schemes become normal.

 

Emotional, erotic and sexual expressions of same-sex persons are an example and a possibility of findingo neself spiritually–emotionally and erotically with several persons at the same time.  Nonetheless this reality is still invisible in the discourse of human rights, in the traditional model, over which we can give enormous support by presenting  other ways of living, (that already exist, even if not mentioned) and of family make-up, whether biological, social, or emotional.

German Humberto Rincon Perfetti

Lawyer – Bogota – Colombia

Board International Lesbian and Gays Law Asocciation www.ilglaw.org

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