The concept of migratory family unit in the proccess of family call in Peru (about same-sex marriages)

Abstract

The concept of family call embraces a migratory alternative that allows a foreigner to stay in another country with his or her spouse. Taking into account Peru’s legal framework, it is possible to ask if a foreigneris able to appeal to the family call if he or she is married to a person of the same sex? Wouldit be legitimate to recognize a foreign law thatallows same sex marriages? In the following paper, the author answers these and other questions, analyzing concepts such as family, public order, collective morality and familiar migratory unit that are acknowledged in our legal system by appealing, furthermore, to the weighting testof principles in collision.

Keywords

• Llamado de familia
• orden público
• parejas homosexuales
• test de ponderación
• discriminación