Family: The Nuclear Family as an Ideal

Abstract

This chapter deals with problems derived from the institutionalization of the family in Latin America. It discusses various aspects related to the recognition of rights and the equality of women in the family showing a discouraging scenario for women. The Chapter analyses the rights of concubines, as well as child custody and the treatment given to domestic and sexual violence within the family. The decisions covered by the book in this area show that there are some relationships deserving of state’s protection and others that are left out as inexistent. For example, courts regularly deal with property division for cohabiting partners. Some of these decisions present a conflict between different societal values. Should a court recognize cohabitation and distribute property when the woman claiming property rights has unknowingly cohabited with her own father? Courts tend to side with the protection of societal values grounded in moral or religious criteria to the detriment of protecting the weakest or innocent party to the conflict.