Kolektīvā monogrāfija "Radniecība un valsts īstenošana mūsdienu Latvijā"

Permanent URI for this collection

http://hdl.handle.net/123456789/16836

Browse

Browsing Kolektīvā monogrāfija "Radniecība un valsts īstenošana mūsdienu Latvijā" by Subject "ģimenes regulējums"

Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    Satversmīga kopdzīve jeb radniecības un ģimenes tiesību tvērums Latvijas likumkopā
    (Rīgas Stradiņa universitāte, 2024) Plepa, Dita; Rīgas Stradiņa universitāte
    In Chapter 4 of the book "Kinship and State Performance in Contemporary Latvia", lawyer Dita Plepa provides a detailed overview of the legal scope of family and kinship, starting with the founding of the Latvian state in 1918. Plepa shows that the early legal situation was complicated by the fragmented civil legal system inherited from earlier times. Consequently, the understanding of family and kinship and its relation to state structures was far from unambiguous. The democratically minded members of Parliament ranked the family strictly in the private sphere, while in the authoritarian regime of Kārlis Ulmanis, the family arguably becomes the elementary structure of the state. Treating family as a part of state legitimised the interest of state institutions in what happens in this sphere. The Civil Law created in 1938 consolidates the previous legal codes, reduces the role of men in the kinship system (equalising with the role of women) and also introduces some elements of customary law. During the Soviet occupation of Latvia, the authorities continued to interpret the family as the elementary unit of the state and closely monitor it, including family support structures in the USSR Constitution. After the restoration of independence, the interwar legal system was largely restored, although the Civil Law and Satversme (the Constitution of the Republic of Latvia) were at parts changed, specifically regarding marriage and kinship. Paying attention to the current discussion about the boundaries of marriage and family, Plepa analyses the decisions of the Constitutional Court regarding same-sex couples. These discussions demonstrate the conceptual contradiction in the legal environment of Latvia: whether kinship is a social institution independent of the state or, as Emil Durkheim once thought, it is created within the framework of the state and effectively inseparable from it.