Diversidad familiar y derecho en Chile: ¿una relación posible?

• Main Author: Javiera Cienfuegos Illanes
• Format: Article
• Language: English
• Published: Universidad de los Andes 2015-06-01
• Series: Revista de Estudios Sociales
• Subjects: Family diversity; family law; recognition; normative ideals; Chile.
• Online Access: http://res.uniandes.edu.co/view.php/995/index.php?id=995

The objective of this article is to formulate some hypotheses regarding the relationship between Family and Family Law in Chile since the second half of the 20th century. It suggests that family laws are extremely out of touch with respect to the current social reality, because they continue to reproduce a normative ideal of the family. First of all, it presents a theoretical background which questions the idea of the family as a unique, stable and immanent context, and raises the questions of social representation, family diversity and (struggles for) recognition as the main issues for analysis. Secondly, it presents demographic trends regarding the family in Latin America, and points out the gaps in information on the subject. Thirdly, it explores the Chilean caset in detail, taking stock of all the main laws on family matters. Finally, the conclusions point to a gap between the family as it is represented in the law, and its empirical reference points.