WUNRN
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.