Article 5

Official text

The State recognizes, without any discrimination whatsoever, the primacy of the inalienable rights of the individual and protects the family as the basic institution of society.

Legal commentary

Interpretation

This article recognizes the primacy of individual rights and family protection. The term 'inalienable rights' echoes natural law tradition (cf. US Declaration of Independence). The Constitutional Court has progressively interpreted 'family' to include same-sex couples (C-577/2011), departing from traditional definitions. This evolution mirrors trends in European Court of Human Rights jurisprudence on Article 8 of the European Convention.

Consulted sources

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