Soraia Marques, a partner at JLA, has co-authored an article on the unconstitutionality of the legislative omission of civil registration in Timor-Leste, in the renowned journal of the Brazilian Institute of Family and Succession Law (IBDFAM).
“The aim of the article is to demonstrate that the legislative omission of civil registration, in addition to restricting civil marriage, consequently implies that only traditional marriage or Catholic marriage is allowed, and that this constitutes a gross violation of fundamental rights, namely the right to found a family,” says Soraia Marques.
According to the author, it is indisputable that Family Law is a multidisciplinary branch by nature and permeable to the historical changes suffered by the political, social and cultural structures of each society, and exposed to influences of various kinds, namely those of a religious and ideological nature. “Therefore, as well as being a natural institution, the family is a variant and mutable social and cultural construction.”
“The fact that the lack of a civil registry makes civil marriage impossible means that only traditional or Catholic marriages can take place, which is beginning to generate social protest and unrest, starting with those who do not profess any religion or profess a religion other than Catholicism. We are thus faced with the impossibility of realizing a constitutional right, since the Timorese Constitution makes the right to a family and to start a family a fundamental right, which is being restricted.”
The article discusses the possibility of raising unconstitutionality by omission of civil registration, given the violation of fundamental rights. “More than pointing out criticisms, it is also important to bring solutions, especially in the face of political and legislative inertia, we believe that the court can play a key role and be a driving force for development.”
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