The Family in the Mexican Socio- Legal Reality: Concept, Evolution and Contemporary Challenges

Abstract

This article analyzes the process of constitutional regulation of the family in Mexico, emphasizing the absence of an express definition in the country’s Magna Carta. It studies the normative and jurisprudential evolution of the concept of family, as well as the existing challenges of a traditional interpretation that does not reflect the postmodern diversity of family structures; from an approach based on human rights, equality and non-discrimination, the need to incorporate an inclusive constitutional definition that recognizes all forms of family, in accordance with the principles of Article 1 of the Constitution and international treaties, is expressed. A reform is proposed to strengthen legal protection, to harmonize local legislations to guarantee effective protection; a fundamental change to guarantee equality, prevent structural discrimination and advance towards effective, progressive and protective family law.