Different approaches to marriage downgrading : from an anti-elusive measure to an antidiscriminatory claim
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Different approaches to marriage downgrading : from an anti-elusive measure to an antidiscriminatory claim

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Different approaches to marriage downgrading : from an anti-elusive measure to an antidiscriminatory claim

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dc.contributor.author Garetto, Roberto es
dc.date.accessioned 2021-12-02T11:23:30Z
dc.date.available 2021-12-02T11:23:30Z
dc.date.issued 2021 es
dc.identifier.uri https://hdl.handle.net/10550/80913
dc.description.abstract The essay focuses on the different mechanisms of marriage downgrading. Given the principle of ?cross-border continuity? of statuses, limits to this continuity are sometimes admitted and they are placed through downgrading mechanisms. That can occour in the case of same-sex marriages transcription in a Member State which does not allow such marriages, but which does allow samesex registered partnerships. Downgrading mechanism has an anti-elusive function, but it is not without problems in terms of discrimination on the grounds of sexual orientation. A different approach is taken in the case of an opposite-sex couple requesting the downgrading of their marriage, celebrated before the Member State allowed access to registered partnerships for all sex couples. The element of voluntariness seems to be the prerequisite for a proper anti-discrimination rule es
dc.source Garetto, Roberto. Different approaches to marriage downgrading : from an anti-elusive measure to an antidiscriminatory claim. En: Actualidad jurídica iberoamericana, 15 2021: 130-147 es
dc.subject 2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113553 Different approaches to marriage downgrading from an anti-elusive measure to an antidiscriminatory claim Garetto es
dc.subject Roberto The essay focuses on the different mechanisms of marriage downgrading. Given the principle of ?cross-border continuity? of statuses es
dc.subject limits to this continuity are sometimes admitted and they are placed through downgrading mechanisms. That can occour in the case of same-sex marriages transcription in a Member State which does not allow such marriages es
dc.subject but which does allow samesex registered partnerships. Downgrading mechanism has an anti-elusive function es
dc.subject but it is not without problems in terms of discrimination on the grounds of sexual orientation. A different approach is taken in the case of an opposite-sex couple requesting the downgrading of their marriage es
dc.subject celebrated before the Member State allowed access to registered partnerships for all sex couples. The element of voluntariness seems to be the prerequisite for a proper anti-discrimination rule Family es
dc.subject cross-border couple es
dc.subject marriage es
dc.subject registered partnership es
dc.subject downgrading es
dc.subject discrimination. es
dc.subject Familia es
dc.subject pareja transfronteriza es
dc.subject matrimonio es
dc.subject uniones registradas es
dc.subject degradación es
dc.subject discriminación. 130 147 es
dc.title Different approaches to marriage downgrading : from an anti-elusive measure to an antidiscriminatory claim es
dc.type info:eu-repo/semantics/article en
dc.type info:eu-repo/semantics/publishedVersion en
dc.subject.unesco UNESCO::CIENCIAS JURÍDICAS es
dc.identifier.doi es

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