This article discusses the inclusion of the rights of the LGBTI community in Colombian democracy and the role of the judges in such inclusion. The question we ask is whether the judges in their rulings create or apply rules that recognize rights that the lawmakers have not developed through the enactment of laws, even though such rights may be found in the Constitution. To analyze the problem, we review the rules created and applied by judges in decisions involving litigation over the rights of citizens who belong to the LGBTI (lesbian, gay, bi-sexual, trans-gender and inter-sex) community, specifically when they voluntarily decide to establish a family.
|Translated title of the contribution||The importance of being constitutional judge, recognizing the rights of LGBTI families|
|Pages (from-to)||315 - 333|
|Number of pages||19|
|Journal||Anuario Iberoamericano de Justicia Constitucional|
|State||Published - 2016|
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