Revista de derecho (Valdivia)
ISSN 0718-0950 versión on-line
This work aims to analyze the present conflict in the national legal system whose family law is based solely on the western legal discourse, utterly obscuring the relevance to cultural identity reporting familial forms of the Andean communities of northern Chile. This transgression is presented through two channels, first to leave unprotected situation coexistence stage prior to marriage represented in institutions as "servinacuy"; as to violate current legislation to give indigenous economic status unions with different effects that Andean communities themselves historically assigned to the link on customary laws. Thus, we propose to analyze this issue from a focus on Human Rights and Legal Pluralism approach, question arises as a need for integration, raising the exclusion or the unlawful treatment that has led the process of acculturation in our native peoples.
Palabras Clave: Indigenous family; legal pluralism; Human Rights.
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Facultad de Ciencias Jurídicas y Sociales, Universidad Austral de Chile
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