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A Draft Resolution on Protection of the Family, the second time now as such a Resolution was presented in 2014, at the Human Rights Council in Geneva. The Draft is pasted below after the Statement via ARROW that Calls for Sign-On to reflect:

 

“We therefore call on governments and the international community to recognize and respect the differences and diversity that exist among families all around the world so that laws and policies may adequately address their concerns, and services and interventions may be directed to prevent and eliminate discrimination and violence irrespective of their diversity.”

 

If you would like to endorse this, please send the name of your organisation and country (if national) or region (if regional) by 3 July 2015, at 5pm Colombo time to azra@arrow.org.my.

 

 

 

Statement on the Resolution on the Protection of the Family at the Human Rights Council, 29th Session, Geneva

 

Asian-Pacific Resource & Research Centre for Women (ARROW), a non-governmental organisation in consultative status with the Economic and Social Council

 

At ARROW, an NGO based in Malaysia, we have been working to advance women’s health and rights, empowering women through information and knowledge, monitoring international commitments, advocacy and mobilisation along with our national partners across the Asia-Pacific region, regional partners from the global South and allies from the global North.

 

ARROW notes the resolution on the protection of the family presented on June 15, 2015, led by Egypt with the support of Bangladesh, Belarus, Cote d'Ivoire, People’s Republic of China, El Salvador, Mauritania, Morocco, Namibia, Saudi Arabia, Sierra Leone, Tunisia, Uganda, Qatar, and the Russian Federation.

 

Firstly, we commend the acknowledgement of human rights treaties and laws that oblige states to ensure human rights of all. Further, the recognition of the Beijing Platform for Action and the Convention on the Elimination of All Forms of Discrimination Against Women in the Resolution recognizes the essentiality of ensuring gender equality and the empowerment of women and girls.

 

We reiterate that the family needs to be discussed beyond narrow ideas of ‘marriage’ or ‘marriage between a man and woman’ alone so as not to exclude all other families that may not have their origins in marriage (including single-parent families, child-headed families, extended families, families of divorced individuals, same-sex families, intergenerational families, families headed by children orphaned by AIDS or their grandparents, among others) thus implying that these families are not entitled to similar protection. Therefore, efforts towards ensuring necessary protection and assistance to families must ensure that all forms of families are recognised, protected and provided for without coercion and exclusion. We also believe that narrow formulations will marginalise people including sexual and gender minorities, single-headed households, child-headed families, families of HIV orphans amongst others.

 

PP2: We call for the inclusion of the Programme of Action of the International Conference on Population and Development (ICPD) into the list of recognized and cited obligatory mechanisms. Additionally, we Principle 9 in CPD 1994, which upheld the family as the basic unit of society that is entitled to receive comprehensive protection and support and must be strengthened, should be considered.

 

PP4 and PP11.3: We remind State parties the calls for recognition of diversity amongst families in form and function in different countries and regions, the inclusion of individual preference and societal conditions during the International Year of the Family in 1994. We also state that any commemorations should promote basic human rights and fundamental freedoms as set out in international instruments in whatever status of individuals and in whatever form of the family. It recognises the caregivers’ role and fostering of equality between women and men within families, to bring about a fuller sharing of domestic responsibilities and employment opportunities.

 

PP7: While we commend that there is recognition of responsibilities of the family, in order for this to happen gender equality for women and girls has to be ensured throughout the life cycle, including the recognition and realisation of their sexual and reproductive health and rights (SRHR). Women and girls have to have choices and be able to realise their full human rights, within an atmosphere of safety and security in the family, where they are free from violence, abuse and coercion.  

 

PP11: While we welcome the focus on gender equality and empowerment including maternal health, it is insufficient to ensure meaningful equality and empowerment for women. Some of the main causes of maternal mortality and morbidity include abortion-related injuries, restrictive and inadequate abortion policies, unavailability of safe, legal and unconditional abortion services. These issues must be considered in order to  break out of the cycle of poverty and have opportunities to improve overall wellbeing such as quality education, including comprehensive sexuality education. Gender equality thus cannot be achieved without ensuring SRHR of all women and girls and must be considered a fundamental right.

 

PP11.2: Discussions related to the Post-2015 development agenda should uphold and ensure the full realisation of human rights for women and girls, protection against violence, including that brought about by all forms of extremisms and practices brought on by extreme interpretations of religion as well as ensuring the realisation of SRHR for all. Additionally, they must address  inequalities within the family and practices that are brought on by such inequalities addressed.

 

PP11.3: In calling for the strengthening of national capacities to address national priorities relating to family issues, the resolution uses a narrow definition, thus ignoring sexually diverse groups and their rights related to cohabitation and having children. The fact that sexual diversity continues to be criminialised in many countries is further proof of the refusal to recognize that in different contexts, various forms of the family exist and should be protected and upheld.

 

PP11.5: At the same time, State parties should not interpret the preservation of cultural identity, traditions, morals, heritage and value system of the society in a manner that limits the potential of women and girls within the family and society, entrenching inequalities and gender biases within the family and society at large. Furthermore, a focus on preserving these helps to conceal human rights violations and abuses such as marital rape, child abuse, early marriages, incest and honour killings that occur within families. Individuals within the family have to be seen as right holders in their own right.

 

PP11.6: We call attention towards reductions in social expenditure in the Resolution that affects social sectors such as health, including reductions in expenditure on women’s health services. Overall health care and access to good health care including sexual and reproductive health care are essential for women and girls empowerment.

 

PP11.10 and 11.11: The Resolution calls for placing the choice of education in the hands of parents but this leaves room for decisions regarding the exclusion of Comprehensive Sexuality Education (CSE) in formal or informal curricular development and delivery. This is noted particularly in relation to protecting the health and wellbeing of girls who are often seen as the guardians of family honour. In relation to such views, CSE would be considered inappropriate for boys and girls within notions of corrupting young minds and encouraging sexual activity rather than a means to empowering them with much needed information to make decisions about their own bodies and sexual choices.

 

We therefore call on governments and the international community to recognize and respect the differences and diversity that exist among families all around the world so that laws and policies may adequately address their concerns, and services and interventions may be directed to prevent and eliminate discrimination and violence irrespective of their diversity.

 

 

SIGNATURES

 

______________________________________________________________________________________________________________________________________

 

DRAFT RESOLUTION PRESENTED TO UN HUMAN RIGHTS COUNCIL SESSION 29

Version 15.06.2015

Human Rights Council

Twenty-ninth session

Agenda item 3

Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development

                   Protection of the family

       The Human Rights Council,

PP1 Guided By the purposes and principles of the Charter of the United Nations,

PP2 Reaffirming by the Universal Declaration of Human Rights, the Vienna Declaration and Programme of Action and Beijing Declaration and Platform for Action, and recalling the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women and other relevant human rights instruments,

PP3 Recalling Human Rights Council resolution 26/11 of 16 July 2014 titled “Protection of the family”,

PP4 Recalling General Assembly resolutions 44/82 of 8 December 1989, 47/237 of 20 September 1993, 50/142 of 21 December 1995, 52/81 of 12 December 1997, 54/124 of 17 December 1999, 56/113 of 19 December 2001, 57/164 of 18 December 2002, 58/15 of 3 December 2003, 59/111 of 6 December 2004, 59/147 of 20 December 2004, 60/133 of 16 December 2005, 62/129 of 18 December 2007, 64/133 of 18 December 2009, 66/126 of 19 December 2011, 67/142 of 20 December 2012, 68/136 of 18 December 2013, and 69/ 144 of 18 December 2014 concerning the proclamation of, preparations for, observance, and commemoration of the International Year of the Family and its tenth and twentieth anniversaries,

PP5 Recognizing that the preparations for and observance of the twentieth anniversary of the International Year of the Family provide a unique opportunity to draw further attention to the objectives of the International Year for increasing cooperation at all levels on family issues and for undertaking concerted actions to strengthen family-centred policies and programmes as part of an integrated comprehensive approach to the advancement of human rights and development,

PP6 Reaffirming that States have the primary responsibility to promote and protect the human rights and fundamental freedoms of all human beings,

PP7 Recognizing that the family has the primary responsibility for the nurturing and protection of children and that children, for the full and harmonious development of their personality, should grow up in a family environment and in an atmosphere of happiness, love and understanding,

PP8 Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,

PP9 Reaffirming that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State,

PP10 Notes with concern that the contribution of the family in the society and in the achievement of development goals continues to be largely overlooked and underemphasized, and recognizing the potential of the family to contribute to national development and to the achievement of major objectives of every society and of the United Nations, including the eradication of poverty and the creation of just, stable and secure societies,

PP11 Conscious that the majority of the Internationally agreed Development Goals especially those relating to the reduction of poverty, education of children and reduction of maternal mortality would be difficult to attain unless the strategies to achieve them focus on the family, which can contribute can contribute positively, interalia, to eradicating poverty and hunger, achieving universal primary education, promoting gender equality and empowering women, reducing child mortality, improving maternal health, combating HIV/AIDS, malaria and other diseases,

1.     Welcomes the panel discussion on the protection of the family and its members held by the Human Rights Council on 15 September 2014 during its 28th session, and takes note of the report of the High Commissioner for Human Rights on the summary of the Human Rights Council panel discussion on the protection of the family[1];

2.     Welcomes also the holding of a plenary meeting during the sixty-ninth session of the General Assembly, in December 2014, on the observance of the twentieth anniversary of the International Year of the Family, in order to discuss the role of family-oriented policies in the elaboration of the post-2015 development agenda, and welcomes all other international and regional initiatives in the context of celebrating the twentieth anniversary of the international year of the family;

3.     Acknowledges the efforts made by Governments, the United Nations system and civil society to fulfil the objectives guiding the preparations for the twentieth anniversary of the International Year at the national, regional and international levels, and urges States to continue to identify the factors that lead to decreased resilience and increasing vulnerability of the family to disintegration, and also to continue to make every possible effort to realize the objectives of the International Year and its follow-up processes and to develop strategies and programmes aimed at strengthening national capacities to address national priorities relating to family issues;

4.     Reaffirms that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State;

5.     Recognizes that the family is a strong force for social cohesion and integration, intergenerational solidarity and social development, and that the family plays a crucial role in the preservation of cultural identity, traditions, morals, heritage and value system of the society;

6.     Conscious that families are sensitive to strains caused by social and economic changes, and expresses deep concern that conditions have worsened for many families owing to economic and financial crises, lack of job security, temporary employment, lack of regular income and gainful employment as well as measures taken by Governments  seeking  to  balance their budget by reducing social expenditures;

7. Recognizes that the family unit is facing increasing vulnerabilities, including single-parent families headed by women,  poor families with elderly members or those with disabilities, refugee and displaced families and family members, and families with members affected by HIV/AIDS or other terminal diseases, substance dependence and unhealthy life styles and incidents of child abuse and domestic violence, while also bearing in mind that increased labour migrations and refugee movements are an additional causes of family tension and disintegration and are contributing in certain instances to increased responsibilities for women, and that in many urban environments, millions of children and youths are left to their own devices as family ties break down, and hence are increasingly exposed to risks such as dropping out of school, labour exploitation, sexual exploitation and sexually transmitted diseases

8.     Underlines that the family has the primary responsibility for the nurturing and protection of children from infancy to adolescence, and that introduction of children to the culture, values and norms of their society begins in the family, and that in order to better ensure the full and harmonious development of their personality, children should grow up in a family environment, in an atmosphere of happiness, love and understanding, and accordingly, all institutions of society should  respect and support the efforts of parents and other care-givers to nurture and care for children in a family environment;

9.     Urges States to ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such a separation is necessary for the best interests of the child, and also ensure that in no case shall a child be separated from his or her parents on the basis of a disability of either the child or one or both of the parents;

10.   Reaffirms that parents have a prior right to choose the kind of education that shall be given to their and have the primary responsibility for the upbringing and development of the child while also bearing in mind that the best interest of the child shall be the guiding principle of those responsible for his or her education and guidance;

11.   Highlights the role of family members, especially parents and other legal guardians, in strengthening the self-image, self-esteem and status and in protecting the health and well-being of girls should be enhanced and supported;

12.   Stresses the equal rights, opportunities and access to resources, equal sharing of responsibilities for the family by men and women, and that a harmonious partnership between them are critical to their well-being and that of their families;

13.   Regrets that women’s social and economic contributions to the welfare of the family and the social significance of maternity and paternity continue to be inadequately addressed and that women continue on many occasions to bear a disproportionate share of the household responsibilities and the care of children, the sick and elderly, and in this regard emphasizes the need to consistently address such imbalances and ensuring that maternity, motherhood, parenting and the role of women in procreation must not be a basis for discrimination nor for restricting the full participation of women in society;

14. Stresses that equality between men and women, women’s equal participation in employment and shared parental responsibility are essential elements of policy on the family;

15.   Resolves to pay particular attention to family units headed by women and girls, while bearing in mind that a considerable proportion of households worldwide are headed by women and many other households are dependent on female income even where men are present, and that female-maintained households are very often among the poorest because of wage discrimination, occupational segregation patterns in the labour market and other gender-based barriers;

16.   Reaffirms that States should ensure that children with disabilities have equal rights with respect to family life with a view to realizing these rights, and to prevent concealment, abandonment, neglect and segregation of children with disabilities, and that States should undertake measures to provide early and comprehensive information, services and support to children with disabilities and their families;

17.   Recognizes the positive impact that policies and measures to protect the family can have on protecting and promoting the human rights of its members including through contributing to decrease drop out rates from educational institutions, achieving equality between women and men and girls and boys, empowering women and girls, protection, interalia, and enhancing the protection against violence, abuses, sexual exploitation, harmful practices and the worst forms of child labor, while bearing in mind that violations and abuses against the human rights and fundamental freedoms of the family members can result in negative consequences on efforts aimed at protecting the family and preserving its cohesion;

18.   Stresses that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities, and that States should, where the immediate family is unable to care for a child with disabilities, undertake every effort to provide alternative care within the wider family, and failing that, within the community in a family setting;

19.   Underlines the importance of strengthening intergenerational partnerships and solidarity among generations, and calls upon States in this regard to promote opportunities for voluntary, constructive and regular interaction between young people and older generations in the family, in the workplace and in society at large;

20.   Notes that single-headed households, child-headed households and intergenerational households are particularly vulnerable to poverty and social exclusion;

21.   Recognizes that stable, supportive and nurturing family relationships, supported by communities and, where available, professional services can provide a vital shield against substance abuse, particularly among minors;

22.   Urges States, in accordance with their respective obligations under international human rights law to provide the family, as the natural and fundamental group unit of the society, with effective protection and assistance and to undertake measures including:

a) Creating family friendly-policies to support the family and assess such policies and programmes for their impact on family well-being;

b) Designing, implementing and promoting family-sensitive policies in the field of housing, work, health, social security and education in order to create an environment supportive of the family including affordable, accessible and quality care services for children and other dependants, parental and other leave schemes, campaigns to sensitize public opinion and other relevant actors on equal sharing of employment and family responsibilities between women and men;

c) Analysing policies and programs, including those relating to macroeconomic stability, structural adjustment programmes, taxation, investments, employment, markets and all relevant sectors of the economy with respect to their impact on family well-being and conditions;

d) Supporting research and develop comprehensive strategies to enhance the ability of families and communities to care for older family members and reinforce the role of grandparents in raising grand children;

e) Protecting the family from the causes and consequences of family disintegration;

f) Facilitating the family’s integration, reunification, preservation, improvement, and protection including through providing adequate shelter, access to basic services and a sustainable livelihood;

g) Reduce poverty by granting assistance to families in difficult life situations and increase the earning power of all adult members of economically deprived families;

h) Assisting single-parent families and paying special attention to the needs of widows and orphans through means including health insurance and social security, cash and in-kind transfer programs, day-care centres and facilities for breast-feeding mothers within the work premises, kindergartens, part-time jobs, paid parental leave, paid maternity leave, flexible work schedules and reproductive and child health care services;

i) Strengthening or, if necessary, establish relevant national agencies or governmental bodies responsible for the implementation and monitoring of family policies;

23. Recognizes the important role of civil society, including research and academia, in advocacy, promotion, research and policymaking and, as appropriate, policy evaluation, in respect of family policy development and capacity-building;

24. Recognizes also that the family plays a key role in social development and as such should be strengthened, and invites States, the organizations of the United Nations System as well as all other relevant stake holders to take into account the role of the family, as a contributor to sustainable development, and the need to strengthen family policy development in their ongoing efforts to achieve the internationally agreed development goals;

25.   Urges States to pay due consideration to the role and status of the family in the context of the ongoing negotiations of the post-2015 development agenda, and invites States to consider mainstreaming the promotion of family-oriented policies as a cross cutting issue in the proposed goals and targets of the post-2015 agenda;

26.   Encourages States to support the United Nations Trust Fund on Family Activities;

27.   Invites the High Commissioner for Human Rights, the Treaty Bodies, the relevant Special Procedure mandate-holders, and other relevant international and regional human rights mechanisms, within their respective mandates and competence, to pay due attention in their work to States’ obligations under international law to provide protection and support to the family as the natural and fundamental group unit of society;

28.   Requests the High Commissioner for Human Rights to prepare a report on the positive impact of States’ fulfilment of their obligations under international law with regard to the protection of the family on the contribution of the family in realizing the right to adequate standard of living for its members, particularly through its role in poverty eradication and in fostering sustainable development, while paying due attention to the status of the family in the ongoing work on the future Sustainable Development Goals and the post-2015 development agenda, and to present the report to the Human Rights Council at its thirty-first session;

25.   Decides to remain seized of the matter.

                                      

 




[1] A/HRC/28/40.