all the concepts or models of family. Indeed, in General Comment N° 19, the Human Rights
Committee, in the same paragraph in which it notes that :
“…the concept of family may differ in some respects from State to State, and even between regions within
a State, so that it is not possible to give a standard definition of the concept.”
22.
Emphasizes that:
“…when a group of persons is regarded as a family under the legislation and practice of a State, it must be
given the protection referred to in Article 23. Consequently States Parties should report on how the
concept and scope of the family is construed or defined in their own society and legal system. Where
diverse concepts of family, "nuclear" and "extended”, exist within a State, this should be indicated with an
explanation of the degree of protection afforded to each one. In view of the existence of various forms of
family, such as unmarried couples and their children or single parents and their children, States Parties
should also indicate whether and to what extent such types of family and their members are recognized
and protected by domestic laws and practice.” (Cursives added)
23. In other words, it is one of the areas in which it is most essential to allow a national
margin of appreciation. For this purpose it will be necessary to conduct an inquiry, which is
not appropriate to undertake in this case, but should be done whenever the point is raised
in a case brought before this Court and the arguments in that regard presented by the
parties and by any amici curiai are heard.
24. All this reaffirms my conviction that in this case it is not necessary or prudent to
declare a violation of paragraph 1 of Article 17 which could be taken as an implicit
pronouncement on the interpretation of the different provisions of said Article.
Alberto Pérez Pérez
Judge
Pablo Saavedra Alessandri
Secretary
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