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http://www.awid.org/publications/protection-family-human-rights-response
“PROTECTION OF THE FAMILY:” A HUMAN RIGHTS
RESPONSE
24 March 2015 | By AWID and Sexual Rights
Initiative
Recent moves at the UN for ‘protection of
the family’ conflict with established principles of international human rights
law, including universality and indivisibility. Equality and respect for all
human rights and fundamental freedoms of all family members is essential to
family well-being and to society at large. We must recognize the
centrality of the human rights of individuals within family contexts and
condemn and effectively act on abuses of human rights that take place in family
contexts.
International human rights law clearly sets
out the entitlements and freedoms of individuals in family contexts, whereas
the ‘family unit’ is not in and of itself a subject of human rights protection.
All individuals have equal rights to a family life, which must be realized by
the State.
- The rights of individuals of full
age to found a family must be recognized, on a basis of equality and in
keeping with the principle of non-discrimination. ICCPR Articles 3, 23 and
26
- Individuals of full age, without
any limitation, have the right to marry and to found a family. They are
entitled to equal rights as to marriage, during marriage and at its
dissolution. Universal Declaration of Human Rights, Article 16 (2)
All over the world, various forms of the
family exist. While founding a family is every individual’s right, it is a
well-founded principle that the family is diverse. A standardized approach
to ‘the family’ will exclude, discriminate against and stigmatize many forms of
families.
- Given the diversity of family
structures and relationships, policies should not focus on one type of
family, but take into account all types - including single-parent,
compound, extended and recomposed families - and make provision for the
different needs and particular circumstances of each. UN Secretary-General
Report A/59/176
- Around the world, in different
cultural, social and political systems, various forms of the family exist.
GA Resolution 65/277, HRC Resolution 7/29.
All members of a family have an equal right
to safety and the right to participate in family life on a basis of equality
without fear of violence. Women and girls worldwide continue to experience
violence most frequently in family contexts. Child abuse, including sexual
abuse, is most commonly perpetrated by family members. Persons with
disabilities also experience coercion and abuse in the family.
- States must exercise due diligence
to prevent, investigate, and punish acts of violence against women,
including where these acts are perpetrated by private persons, such as
domestic or family violence. Declaration on the Elimination of Violence
against Women, article 4(c); CEDAW General Recommendation No. 19.
- States must take all appropriate
measures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parent(s) or
any other person who has the care of the child. CRC Article 19; see also
CRC General Comment 13.
- States Parties must protect the
child from all forms of sexual exploitation and sexual abuse. CRC Article
34.
- States must undertake to ensure
the child protection and care necessary for his or her well-being. CRC
Article 3.
Families must be free of coercion. All
women and girls have the right not to be coerced into a family unit through
forced marriage and all children have the right to protection from child and
early marriage. Every individual must have the right to choose the kind of
family they wish to be a part of and the way they enter into the family set up.
- No marriage shall be entered into
without the free and full consent of the intending spouses, and on a basis
of equality. ICCPR Article 23; CEDAW Article 16
- Child, early and forced marriage
constitutes a violation of human rights, prevents individuals from living
their lives free from violence, and has adverse consequences on the
enjoyment of the right to education and to the highest attainable standard
of health, including sexual and reproductive health. GA Resolution
A/RES/69/156
Family members must not impose harmful and
discriminatory practices on women and children. Families are made up of
individuals, any of whom may hold biases that mirror harmful and/or
life-threatening social stereotypes. All individuals have the right to be
protected from harmful practices and families must not be treated differently
from other social institutions or commit violations with impunity.
- States must fulfill their
obligations to prevent, respond to and eliminate all harmful practices
(such as FGM and dowry-related violence), wherever and in whichever form
they occur, including within the family. CRC and CEDAW Joint General
Recommendation (31) and General Comment (18)
- States should take all necessary
measures, including enacting and enforcing legislation to prohibit FGM,
protect girls and women from this form of violence, and end impunity. GA
Resolution A/RES/67/146 and CSW 2008 Resolution 52/2
Individuals have the right to equality in
family relations. The experiences of all women and girls in the family must
align with universal principles of equality and justice.
- Whatever the form of the family,
and whatever the legal system, religion, custom or tradition within the
country in question, the treatment of women in the family must accord with
principles of equality. CEDAW General Recommendation 21
- States shall take all appropriate
measures to eliminate discrimination against women in all matters relating
to family relations and shall ensure, on a basis of equality, the right to
enter into marriage, to freely choose a spouse, the same rights during
marriage and at its dissolution, and the same rights to decide freely and
responsibly on the number and spacing of their children. CEDAW Article 16