[FamilyProtection] A response from human rights

The movements recently emerged in the United Nations (UN) in favor of the 'protection of the family' are in conflict with the principles established by international human rights law, including the principles of universality and insecurity.

Equality and respect for all human rights and fundamental freedoms of all members of the family are essential for the well-being of the family and of society as a whole. We must recognize the centrality of the human rights of individuals within family contexts and condemn and act effectively on the abuses of human rights that take place in family contexts.

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International human rights law clearly establishes the rights and freedoms of individuals in the context of the family, although the 'family unit' is not in and of itself subject to the protection of human rights. All the individuals have equal rights to a family life, which must be guaranteed by the State.

• The rights of individuals in adulthood to raise a family must be recognized, on the basis of equality and maintaining the principle of non-discrimination. Articles 3, 23 and 26 of the ICCPR
• Individuals in adulthood, without limitation, have the right to marry and to found a family. They enjoy equal rights for marriage, during marriage and in case of dissolution. Universal Declaration of Human Rights, Article 16 (2)

Throughout the world there are several forms of family2 The formation of a family is a right of every individual, once the principle of family diversity is consolidated. A standardized 'family' approach will exclude, discriminate against many other family forms.

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 - as well as taking into account the different needs and the specific circumstances of each of them. Report of the Secretary General of the UN A / 59/17.

• Throughout the world, in different cultural, social and political systems, there are several forms of family. Resolution AG 65/277, Resolution CDH 7/29.

All the members of a family have the same right to safety and to participate in family life on a basis of equality of conditions and without fear of violence. Throughout the world, women and girls continue to experience violence, most often in family contexts. Child abuse, including sexual abuse, is more commonly perpetrated by family members. People with disabilities also experience coercion and abuse within the family.

• States must exercise due diligence to prevent, investigate and punish acts of violence against women, even when these acts are perpetrated by private persons, as in the case of domestic or family violence. Declaration on the Elimination of Violence against Women, article 4 (c); General Recommendation of CEDAW No. 19.

• States must take all appropriate measures to protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while they are at care of your parent (s) and mother (s) or any other person in charge. CRC, Article 19; see also CRC, General Commentary 13. Member states should protect children from all forms of sexual exploitation and sexual abuse. CRC Article 34.

• The States must proceed taking measures to ensure the protection of the girl or child and the necessary care for their welfare. CRC Article 3.

Families must be free of coercion. All women and girls have the right not to be coerced into entering a family unit through forced marriage, and all girls have the right to be protected from child marriage and early marriage. Each individual must have the right to choose the type of family he wishes to be part of and the way to enter the family.

• Marriage can not be celebrated without the full and free consent of the contractors, in equal rights. ICCPR Article 23, CEDAW Article 16

• Child, precocious and forced marriage constitutes a violation of human rights, is an obstacle for girls to live their lives free of violence, and has adverse consequences for the enjoyment of the right to education and the highest standard of possible health, including sexual and reproductive health. AG, Resolution A / RES / 69/156

The members of the family should not impose harmful and discriminatory practices on women and girls. Families are composed of individuals, and any of them can maintain prejudices corresponding to harmful social stereotypes and / or that threaten life. All individuals have the right to be protected from harmful practices and families should not be treated differently than other social institutions, nor can they commit violations of rights with impunity.

• States must fulfill their obligations to prevent, respond to and eliminate all harmful practices (such as female genital mutilation and dowry violence), wherever and however they occur, including within the family. Committee on the Rights of the Child (CRC) and CEADW, Joint General Recommendation (31) and General Comment (18)

• States will do everything necessary, including the adoption of legislation and appropriate measures to ensure compliance in order to prohibit FGM, protect girls and women from this form of violence and end impunity. AG, Resolution A / RES / 67/146 and CSW 2008, Resolution 52/2

Individuals have the right to equality in family relationships. The experiences of all women and girls in the family should be aligned with the universal principles of equality and justice.

• Whatever the form of the family, and whatever the legal, religious, customary or traditional system within the country in question, the treatment of women in the family must correspond to the principles of equality. CEDAW, General Recommendation 21

• States should take all appropriate measures to eliminate discrimination against women in all matters relating to family relations, and should ensure, on the basis of equality, the right to enter into marriage and to choose freely. - a spouse, the same rights during the marriage and in case of dissolution of the same, and the same rights to freely and responsibly decide the number of children and the interval between births. CEDAW Article 16

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