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Diversity and Integration in Private International Law$
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Verónica Ruiz Abou-Nigm and María Blanca Noodt Taquela

Print publication date: 2019

Print ISBN-13: 9781474447850

Published to Edinburgh Scholarship Online: May 2020

DOI: 10.3366/edinburgh/9781474447850.001.0001

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The Challenges of the New Social and Scientific Realities in Private International Family Law – The Latin American Experience

The Challenges of the New Social and Scientific Realities in Private International Family Law – The Latin American Experience

Chapter:
(p.268) 16 The Challenges of the New Social and Scientific Realities in Private International Family Law – The Latin American Experience
Source:
Diversity and Integration in Private International Law
Author(s):

Nieve Rubaja

María Mercedes Albornoz

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474447850.003.0017

Private International Family Law has been challenged by the impact of recent social changes. Such an impact is shaped by an increasing globalization, new types of families, and, especially, technology and biomedical developments. Some of the new complex situations call for the creation of original solutions. Latin American countries are making efforts to gradually include in their domestic Private International Law provisions that capture this scenario. However, some international treaties still in force in the region were drafted many years ago, reflecting cultural, religious and social conceptions which have been outgrown by new realities and principles nowadays prevailing. This chapter shows some of the difficulties, possibilities and challenges that the most relevant multilateral legal instruments currently face in Latin America. It also explores and highlights the work of several international bodies in order to achieve the international protection of families and, in particular, to guarantee the rights of children.

Keywords:   New social realities, Latin American Private International Law, Family Law, International Family Protection, Children’s Rights

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