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

2021

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 S…

:CIENCIAS JURÍDICAS [UNESCO]cross-border coupleregistered partnershippareja transfronterizadiscriminación. 130 147but which does allow samesex registered partnerships. Downgrading mechanism has an anti-elusive functiondowngradingRoberto The essay focuses on the different mechanisms of marriage downgrading. Given the principle of ?cross-border continuity? of statuseslimits 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 marriagesbut 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 marriagedegradaciónUNESCO::CIENCIAS JURÍDICAScelebrated 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 FamilyFamiliamatrimonio2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113553 Different approaches to marriage downgrading from an anti-elusive measure to an antidiscriminatory claim Garettouniones registradasmarriagediscrimination.
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