FAMILY

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(See also “Families”)

 

 

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UN Consensus Language in Context

 

  • The family is the basic unit of society. – ICPD (1994), Chapter II, Principle 9; Social Summit (1995), 80; Social Summit +5 (2000), II 25, III 56; Beijing (1995), 29, 60; Habitat (1996), 31; Habitat +5 (2001), 30; – Children’s Summit +10 (2002), 15.

 

  • The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. – Universal Declaration (1948), Article 16 (3); ICESCR (1976), Article 10-1; ICCPR (1976), Article 23-1; Disabilities (2006), Preamble (x).

 

Overview

 

Multiple binding (marked by an asterisk) and non-binding UN documents call for Member States to protect, preserve, assist, support and strengthen the family as the fundamental unit of society. This is because the family provides a natural environment for the growth, social development and well-being of all its members and particularly children. (based on Universal Declaration, Article 16 (3); ICESCR, Article 10-1;* ICCPR, Article 23-1;* Disabilities, Preamble (x)*; Migrant Workers Convention (Article 44)*; Habitat (1996), 31; Beijing (1995), 29).

 

 

  • The family is the natural and fundamental group unit of society and is entitled to protection by society and the State (Universal Declaration, Article 16 (3)).

 

  • 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 (CRC, Preamble).*

 

  • The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses (ICESCR, Article 10-1).*

 

  • The family is the natural and fundamental group unit of society and is entitled to protection by society and the State (ICCPR, Article 23-1).*

 

  • Convinced that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State (Disabilities, Preamble (x)).*

 

  • Recognizing that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, shall take appropriate measures to ensure the protection of the unity of the families of migrant workers (Migrant Workers Convention (Article 44)).*

 

  • The family, as a fundamental group and natural environment for the growth and well-being of children, should be given all necessary protection and assistance (Children’s Summit (1990), 14).

 

  • Recognize the family as the basic unit of society, and acknowledge that it plays a key role in social development and as such should be strengthened … It is entitled to receive comprehensive protection and support (Social Summit (1995), 26(h)).

 

  • The family is the basic unit of society and as such should be strengthened. It is entitled to receive comprehensive protection and support (Habitat (1996), 31).

 

  • Society should facilitate, as appropriate, all necessary conditions for its integration, reunification, preservation (Habitat +5 (2001), 30).

 

  • The family is the basic unit of society and as such should be strengthened. It is entitled to receive comprehensive protection and support (Beijing (1995), 29).

 

 

Member States are under obligation to protect the following rights related to the family as the fundamental unit of society:

 

NOTE: The following paragraphs are not consensus language, but are compilations based on consensus language.

 

 

  • Men and women, including those with disabilities, have the right to marry and to found a family, with the free and full consent of the intending spouses (based on Universal Declaration (1948), Article 16.1 & 2; ICCPR, Article 23 – 2, 3, 4*; ICESR (1976), Article 10-1*; Habitat (1996), 31, Habitat +5 (2001), 30; Social Summit (1995), 80; Disabilities (2006), 23-1(a)*).

 

  • Men and women are entitled to equal rights as to marriage, during marriage and at its dissolution (based on Universal Declaration (1948), Article 16 1, 2; ICCPR, Article 23-2, 3, 4*; Social Summit (1995), 80; ICPD (1994), Principle 9; Habitat (1996), 31, Habitat +5 (2001), 30); equality and equity between women and men and respect for all family members are essential for family well-being and for society at large (Social Summit +5 (2000), III 56).

 

  • Motherhood and childhood are entitled to special care and assistance (Universal Declaration, Article 25-2) to be provided to mothers during a reasonable period before and after childbirth (based on ICESCR, Article 10-2*; CRC (1990), Article 24-2(d)*) by trained persons, preferably nurses and midwives (based on ICPD (1994), 8.22; Children’s Summit (1990), 14, 17). Governments should enable mothers to breast-feed their infants by providing legal, economic, practical and emotional support (based on ICPD 8.18).

 

  • The social significance of maternity and paternity continue to be inadequately addressed (Beijing +5 (2000), 60). Motherhood and fatherhood and the role of parents and legal guardians . . . must not be a basis for discrimination (Beijing +5 (2000), 60), including the role of women in procreation (based on Beijing (1995), 29).

 

  • Each child has the right to know and be cared for by his or her parents, including children with disabilities, and shall be registered immediately after birth and have the right from birth to a name, and the right to acquire a nationality (based on CRC (1990), Article 7-1*; Disabilities (2006), Article 18-2*; Beijing (1995), 274(b)). This includes the right to be guided and supported by parents, families and society (based on ICPD (1994), II, Principle 11).

 

  • States Parties shall respect the rights, responsibilities, and duties of parents (CRC (1990), Articles 5, 14-2*; based on ICPD (1994), 7.45; ICPD +5 (1999), 73(e)) and other persons legally responsible for children (based on Habitat (1996), 13).

 

  • Parental rights include (i) parents have a prior right to choose the kind of education that shall be given to their children (Universal Declaration (1948), Article 26(3); based on ICPD (1994), II, Principle 10); and (ii) respect for the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions (based on ICESCR (1976), Article 13-3*; ICCPR (1976), Article 18-4*).

 

  • Parental responsibilities include (i) parents or, as the case may be, legal guardians, have the primary responsibility for the protection, upbringing and development of the children rests with the family (CRC (1990), Article 18-1*; based on Children’s Summit +10 (2002), 15, 32(2)), and (ii) parents or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development (CRC (1990), Article 27-2*), and parents, families, legal guardians and other caregivers … must be supported in the performance of their child-rearing responsibilities (Children Summit +10 (1990), 32(2)).Based on the foregoing family rights and responsibilities, Member States are obligated to create family-friendly policies to support the family and should assess such policies and programmes for their impact on family well-being (based on Social Summit (1995), 81(a)). Among other issues, government policies and programmes should:

 

  • Protect the family from the causes and consequences of family disintegration (based on Social Summit +5 (2000), III 56); Beijing (1995), 22; ICPD (1994), 5.4).

 

  • Be family friendly in their design, implementation and promotion (based on Beijing +5 (2000), 82(d); Beijing (1995), 285(a)). Governments should formulate family-sensitive policies in the field of housing, work, health, social security and education in order to create an environment supportive of the family (ICPD (1994), 5.2(a) and 5.9).

 

  • Reaffirm the central role of the family … in reducing vulnerability to HIV (HIV/AIDS (2011), 43) and caring for victims of HIV/AIDS through research, strategies policies, programmes and financial, social and moral support for their parents families and legal guardians (based on HIV/AIDS (2001), 63; HIV/AIDS (2011), 68; ICPD+5 (1999), 21-c).

 

  • Reduce poverty by granting assistance to families in difficult life situations (based on ICPD (1994), 5.4) and increasing the earning power of all adult members of economically deprived families (based on ICPD (1994), 5.4).

 

  • Facilitate the family’s integration, reunification, preservation, improvement, and protection with adequate shelter, access to basic services and a sustainable livelihood (based on Habitat +5 (2001), 30) and ensure the reunification of documented migrants (based on Social Summit (1995), 77 (b)); ICPD (1994), 10.9).

 

  • Recognize 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 (Social Summit +5 (2000), III, 72).

 

  • Make every effort to ensure fathers have opportunities to participate in their children’s lives (Children’s Summit +10 (2202), 24), and . . . emphasize men’s shared responsibility and promote their active involvement in responsible parenthood (ICPD (1994), 4.27), including their support for maternal health and motherhood, and ensuring their financial support for their children and families (based on ICPD (1994), 4.28 & 8.22).

 

  • Ensure access by children to any health related services, including those concerning reproductive and sexual health, is done with the support and guidance of their parents (based on ICPD (1994), 6.15).

 

  • … Respond more effectively to the material and spiritual needs of individuals, their families and the communities in which they live throughout our diverse countries and regions (Social Summit (1995), Declaration, 3), including the religious beliefs and cultural values of documented migrants and their families (based on ICPD (1994), 10.9).

 

  • Support research and develop comprehensive strategies … to enhance the ability of families and communities to care for older family members; the ability of the elderly to care for family members … (ICPD +5 (1999), 21-c; Social Summit (1995), 40(d)); and reinforce the positive role of grandparents in raising grandchildren (based on Ageing (2002), 106(c)).

 

Assist single parent families, and pay special attention to the needs of widows and orphans. All efforts should be made to assist the building of family-like ties in especially difficult circumstances, for example with single parents, making sure there is compatibility between labour force participation and parental responsibilities, payment of at least minimum wages and allowances, credit, education, funding for women’s self-help groups and stronger legal enforcement of male parental financial responsibilities (based on ICPD (1994), 5.3, 5.4, 5.13; Social Summit +5 (2000), 49(c); Ageing (2002), 46).

 

 

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