Abstract: The issue of social and legal recognition of LGBTQ families is of high importance when exploring the possibility of a family. Of equal importance is the fact that both society and the individual contribute to the overall recognition of LGBTQ families. This paper is a conceptual discussion, by methodology, of both sides; it uses a method of constructive analysis to expound on this issue. This method’s aim is to broaden conceptual theory, and introduce a new relationship between concepts that were previously not associated by evidence. This exploration has found that LGBTQ realities from an international perspective may differ and both legal and social rights are critical toward self-consciousness and the formation of a family. This paper asserts that internalised and historic oppression of LGBTQ individuals, places them, not always and not in all places, in a disadvantageous position as far as engaging with the potential of forming a family goes. The paper concludes that lack of social recognition and internalised oppression are key barriers regarding LGBTQ families.
Abstract: The main purpose of this paper is to determine the
applicability of the constitutional social rights in the so-called
horizontal relations, i.e. the relations between private entities.
Nowadays the constitutional rights are more and more often violated
by private entities and not only by the state. The private entities
interfere with the privacy of individuals, limit their freedom of
expression or disturb their peaceful gatherings. International
corporations subordinate individuals in a way which may limit their
constitutional rights. These new realities determine the new role of
the constitution in protecting human rights.
The paper will aim at answering two important questions. Firstly,
are the private entities obliged to respect the constitutional social
rights of other private entities and can they be liable for violation of
these rights? Secondly, how the constitutional social rights can
receive horizontal effect? Answers to these questions will have a
significant meaning for the popularisation of the practice of applying
the Constitution among the citizens as well as for the courts which
settle disputes between them.