Official Bulletin of the Principality of Asturias (BOPA) 125/2002, 31 May 2002
BOE 157/2002, dated 2 July 2002
INDEX
PREAMBLE
FIRST CHAPTER. GENERAL PROVISIONS
Article 1. Object
Article 2. Scope of application
Article 3. Pareja estable
Article 4. Dissolution of the stable wall
CHAPTER II. CONTENT OF THE PAREJA REPORT
Article 5. Regulation of life
Article 6. Watch and visit regime of the minors
CHAPTER III. AFIRMATIVE ACTION MEDICATIONS
Article 7. Public employees of the Administration of the Principality of Asturias
Article 8. Family accommodation for minors
Article 9. Performances and services
Article 10. Lives owned by the Administration of the Principality of Asturias
TRANSITIONAL PROVISION
Disposición Transitoria
DISPOSICIONES FINALES
Disposición Final Primera, Segunda
PREAMBLE
Article 9.2 of the Constitution establishes that it corresponds to public powers to promote the conditions for the freedom and equality of the individual and of groups in which they integrate are real and effective, removing obstacles that impede or hinder their full participation, facilitating the participation of all citizens in political, economic, cultural and social life.
The implementation of public powers in accordance with this precept must be directed towards ensuring that equality recognized in Article 14 of the Constitution is real and effective, eliminating all types of discrimination based on any personal or social condition or circumstance. In this sense, article 39 of the fundamental law imposes on public farms the obligation to ensure the social, economic and legal protection of the family, since in the same case there is any reference to a determined or predominant family model, so that the interpretation of the law will dictate that determination concept in a manner consistent with the actual social reality, in a way that cannot derive discriminatory consequences of the family model that in a free and legitimate way citizens should adopt well.
It therefore corresponds to public farms to ensure that every family group, socially determined by the notes of coexistence and affection, is produced in conditions of real and effective freedom and equality, in such a way that citizens can opt for any medium to form a family that allows them freedom desarrollo of your personality in equal conditions since discriminatory consequences may result from this option.
Hereby the Law, the Principality of Asturias, within its jurisdiction, to the extent of the dispute in Article 9.2, d), which imposes on the institutions of the Autonomous Community the obligation to procure the adoption of measures aimed at promoting the conditions and removing obstacles to that the freedom and equality of the individual and of the groups in which they integrate are effective and real, and in article 10.1.1, 3, 24, 25, which attributes to the Principality of Asturias exclusive competences in matters of organization of its institutions of self-government, living, assistance and social well-being protection and tutelage of minors, and in accordance with the Organic Law 7/1981, of 30 December, whereby the Statute of Autonomy of the Principality of Asturias arose, modified by the Organic Law 1/1999, of 5 December, offers an instrument to favor the non-discrimination of minors united persons of a stable form in a relationship of life and affection similar to the marital one, with independence of their sex, in compliance with the constitutional principles, and of our Statute, of freedom and equality of the individual and of protection of the family, with respect to the Resolution adopted by the Plenum of the European Parliament el 8 February 1994 on the equality of rights of homosexuals in the European Union from the full belief of the equality of all Asturians and Asturians.
FIRST CHAPTER. GENERAL PROVISIONS
Article 1. Object
The present law has the objective of establishing a set of measures that contribute to guaranteeing the principle of non-discrimination in the interpretation and application of the legal order of the Principality of Asturias, so that anyone may be discriminated against by reason of the family group of which they form part, taking into account its origin in the filiation, in marriage, or in the stable union of two people living together in an affectionate relationship similar to the marital one, with independence of their sex.
Article 2. Scope of application
The provisions of this Law will apply to the stable parties in which my members are employed in which contexts of Asturias.
Article 3. Pareja estable
1. For the purposes of the dispute in this Law, a free and public union is considered to be stable, in a relationship of affection similar to the marital one, with independence of one's sex, of two persons older or less emancipated without parentage through consanguinity or adoption in it The straight or side line reaches the second degree, as long as none of them are united by a marital bond or apparently stable relationship with another person.
2. It will be understood that the union is stable when the members of the couple are living together maritally, for at least an uninterrupted period of one year, unless they have joint descent, in which case mere cohabitation will suffice, or unless they have made an effort to establish a stable couple in document public, or if they are registered in the Registro de Uniones de Hecho of the Principality of Asturias.
3. The existence of a stable couple or the passage of the year of cohabitation can be credited to any medium of marriage admitted in the right place.
Article 4. Dissolution of the stable wall
1. If the stable part will be considered as unusable in the following cases:
a) By the death or declaration of bankruptcy of one of its members.
b) By marriage of one of my brothers.
c) Por mutuo acuerdo.
d) By unilateral will of one of the members of the pair, duly notified to the other.
e) For effective cessation of cohabitation for a period exceeding one year.
f) In the sentences agreed upon by my colleagues in public writing.
2. Members of the party are obliged, regardless of whether they are separately, to dejar without effect, in their case, the public document that they have been issued or to cancel their registration in the Register of Unions of those who have promoted it.
3. The dissolution of the stable wall may be credited to any medium of equipment admitted on the right.
4. For the purposes of this Law, the existence of any other stable part will not be recognized while the solution of the previous one cannot be easily produced by means of any of the above described in the first section.
5. The dissolution of the stable agreement implies the revocation of the powers that any of my members have otorgated in favor of the other.
CHAPTER II. CONTENT OF THE PAREJA REPORT
Article 5. Regulation of life
1. The members of the stable couple will be able to validly regulate the personal and financial relationships derived from the partnership, by means of a public or private document, with indication of their respective rights and obligations, in which they will also be able to include the economic compensations that are appropriate for the case of resolution of the matter, and always with observance of applicable legality.
2. You cannot agree on the establishment of a stable pair with temporal characteristics under any conditions.
3. In any case, the agreements that refer to this article will never affect third parties.
Article 6. Watch and visit regime of the minors
In the event of dissolution of the stable parent, in the life of both brothers, the guardianship and custody of the minors and the visitation regime, communication and status will be determined in application of the civil legislation in force regarding paternal-filial relations.
CHAPTER III. AFIRMATIVE ACTION MEDICATIONS
Article 7. Public employees of the Administration of the Principality of Asturias
In all matters relating to permits, licences, employment provision, social action aids and other employment conditions within the Administration of the Principality of Asturias and in relation to public employees of the marriage and partner to partner.
Article 8. Family accommodation for minors
Members of a stable family will be able to accept the same conditions as long as the family accommodation method is simple or permanent, in accordance with the applicable legislation.
Article 9. Performances and services
In all respects of the services and services dependent on the Administration of the Principality of Asturias aimed at family protection and support for the domestic union or those that assume the demands of the family union, stable couples will be considered equivalent to marriage.
Article 10. Lives owned by the Administration of the Principality of Asturias
In the adjudication of lives owned by the Administration of the Principality of Asturias, the relationship established with marriage will be considered equivalent.
TRANSITIONAL PROVISION
The provisions of this Law will apply to those parties constituted prior to its entry into force always complying with the requirements established in Article 3.
DISPOSICIONES FINALES
Disposición Final Primera
The Government Council of the Principality of Asturias has the power to regulate the present law.
Disposición Final Segunda
This Law will come into force on the day following its publication in the Official Bulletin of the Principality of Asturias.
