Woman Defends Her
Rights To Marriage After
Divorce
A woman identified only
by her last name Umaña
has a date with the (Sala
Constitucional
(Constitutional Court
)on February 14,
Valentine's Day, to
defend her right to be
able to marry again
after her divorce and
not have to wait the 300
days that is required by
law.
The Constitutional Court
has agreed to give Umaña
time to present her
appeal based on
discrimination of the
sexes.
Article 16, paragraph 2,
of the Código de Familia
(Family Code), sets out
that a woman can only
marry after 300 days of
a divorce. The same is
not applied to a man,
who can marry
immediately after
divorcing.
The code is to avoid
paternity conflicts.
Umaña argues that there
are now other methods to
determine paternity and
resolve any conflicts
and women are being
discriminated.
The Constitutional Court
will hear Umaña.s
arguments at 9:00am and
then will have the
responsibility to rule
if there exists
discrimination in the
Código de Familia that
is infringing on the
woman's right to
re-marry immediately
following a divorce. |
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