Forcing parents to take children does not violate the Constitution – TVI24

The Constitutional Court (TC) believes that men are required to take the children, even against their will, advances the journal public .

The judges who approved the judgment, justify a differentiated treatment between the father and the mother in pregnancy decisions to continue and that the fact that parents do not always participate in this decision “are not freed from the duty to take”.

The decision of the judges is confronted with the master’s thesis of another judge (Jorge Martins Ribeiro) questioning if there is discrimination between genders, fathers and mothers, as women may choose abortion in the first ten weeks of pregnancy without parental consent.

In the thesis elaborates the University of Minho in 2012, the magistrate who leaned on the subject and concluded by “man’s right to reject the child’s paternity born against their will,” and advocated “equality in the decision to procreate “.

“In the same way that women have a legally recognized right to abort or not to abort before a pregnancy man should not planned to decide whether or not being a father, “he holds.

The work was eventually used by a man convicted of the Cascais court to take the paternity of a child. Not satisfied with the court decision, writes the public , appealed in 2013 to the Court of Appeal of Lisbon and then to the Constitutional Court. The judgment is now known the answer to a higher court this feature.

The magistrates of the TC claim that otherwise generate would inequality for “the born”, who has the right to be recognized by a parent.