HUMAN RIGHTS AND THE RECOGNITION OF LEGAL SITUATIONS RELATED TO PERSONAL STATUS

This paper analyzes the method of recognition of legal situations in relation to personal status issues. After presenting this method of recognition and the limits to which it is subject, the incidence of the case law of the ECtHR and the CJEU is analyzed in relation to the human rights recognized in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, regarding controversial matters such are surrogacy, same-sex marriage and homoparental filiation. The case law analyzed shows how human rights law is a decisive factor for the recognition of legal situations, in an area where there is a lack of uniform international rules due to the difficulties of reaching an agreement. Thus, human rights contribute to improve the lives of people at the international level and the continuity of their legal relationships.