Juridical Intelligibility: The Limits of Anti-Discrimination Law in Family Relations

Anti-discrimination law addresses unjustified differential treatment but assumes that the subjects and relationships under review are already legally intelligible. This article argues that the framework cannot fully address forms of inequality produced by the legal conditions that determine which family relationships are recognized in the first place. It distinguishes downstream discrimination from upstream inequality and shows how dominant family norms, binary registration systems, and discretionary decision-making can sustain exclusion within formally non-discriminatory frameworks. In response, it develops a post-comparative model of relational justice grounded in self-determination, relational pluralism, care, and co-responsibility, shifting the focus from unequal treatment to the conditions of legal recognition.

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Publication Details

Journal
The Age of Human Rights Journal
Published
2026-10-28
DOI
https://doi.org/10.17561/tahrj.v27.10343
Primary Topic
Discrimination and Equality Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Juridical Intelligibility: The Limits of Anti-Discrimination Law in Family Relations

Fernando Ramos
The Age of Human Rights Journal
Discrimination and Equality Law
article

Juridical Intelligibility: The Limits of Anti-Discrimination Law in Family Relations

Fernando Ramos
article en

Abstract

Anti-discrimination law addresses unjustified differential treatment but assumes that the subjects and relationships under review are already legally intelligible. This article argues that the framework cannot fully address forms of inequality produced by the legal conditions that determine which family relationships are recognized in the first place. It distinguishes downstream discrimination from upstream inequality and shows how dominant family norms, binary registration systems, and discretionary decision-making can sustain exclusion within formally non-discriminatory frameworks. In response, it develops a post-comparative model of relational justice grounded in self-determination, relational pluralism, care, and co-responsibility, shifting the focus from unequal treatment to the conditions of legal recognition.

The Age of Human Rights Journal(27)
Private University of the North (PE)
Reduced inequalities, Peace, justice, and strong institutions
Openalex Percentile: Top 3%
Discrimination and Equality Law
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