The family must be especially protected, regardless of the form in which it arises.
The Attorney General of the Nation, Margarita Cabello Blanco, stated that The law that establishes the conditions for establishing non-seizable family assets (Law 70 of 1931) must include same-sex couples established in marriage or in a de facto material union.
This was stated by the head of the Public Ministry in a concept sent to the Constitutional Court, in which she indicated that there is no sufficient reason to grant differential treatment based on the gender or sexual orientation of the spouses and permanent companions in the regulation of unseizable family assets.
He remembered that The Constitution is clear in indicating that the family must be protected in a special way, regardless of the form in which it arises, since all its typologies are protected. by the mandate of comprehensive protection, which includes, among other aspects, the safeguarding of their assets.
The attorney general specified that jurisprudence has held that The norms that establish differential treatment in family matters, to the detriment of same-sex couples, are contrary to the mandate of equality contained in the Political Charter, “because they are unaware that these are bonds comparable to the relationships between a man and a woman, as well as that both unions are family and must assume the same rights and obligations.”
Therefore, he indicated, “legal distinctions between families based on the typology of the bond formed or based on the sexual orientation of its members are inadmissible”whereby requested that the demanded norm be declared in accordance with the Constitution, but with the understanding that the non-seizable family assets equally include same-sex couples in marriage or in a de facto marital union.
The Attorney General warned in her opinion that In a previous ruling (C-029 of 2009) the Constitutional Court itself had extended property protection to same-sex couples. in a de facto marital union, but in this case it is necessary that this equal treatment also protects those who are united in marriage.