31/37 Protection of the family: contribution of the family to the realization of the right to an adequate standard of living for its members, particularly through its role in poverty eradication and achieving sustainable development

Human Rights Council Thirty-first session

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Protection of the family: contribution of the family to the realization of the right to an adequate standard of living for its members, particularly through its role in poverty eradication and achieving sustainable development

Report of the United Nations High Commissioner

for Human Rights

Summary

The present report is submitted pursuant to Human Rights Council resolution 29/22,

in which the Council requested the United Nations High Commissioner for Human Rights

to prepare a report on the impact of the implementation by States of their international

obligations with regard to the protection of the family and on the contribution of families in

realizing the right to an adequate standard of living for their members for presentation to

the Council at its thirty-first session.

The report is divided into five sections. Section I contains a brief introduction, while

the evolution of the current international consensus regarding the role of the family in

sustainable development, including poverty reduction policies is described in section II. An

overview of the international human rights standards pertaining to family life and the

elements of a human rights-based approach to family policies are given in section III, while

concrete examples of measures taken by States in implementing their international

obligations regarding the protection of the family are provided in section IV. Conclusions

and recommendations are put forward in section V of the report.

Contents

Page

I. Introduction ...................................................................................................................................... 3

II. Role of families in poverty eradication and sustainable development:

an international policy framework .................................................................................................. 4

A. Evolution of the international policy framework ..................................................................... 5

B. Status of the family in relation to the 2030 Agenda for Sustainable Development ................. 6

III. Provisions of international human rights law pertaining to the family ............................................. 7

A. Definition of family ................................................................................................................. 7

B. Right to marry and to found a family ....................................................................................... 9

C. Right to privacy and family life ............................................................................................... 10

D. Right to equality in the family ................................................................................................ 11

E. Right not to be subject to violence or abuse within the family ................................................ 13

F. State obligations with regard to the protection of the family ................................................... 14

IV. Implementation of State obligations: a review of comparative practices ......................................... 14

A. Legal instruments ..................................................................................................................... 15

B. Specialized agencies and governmental bodies ....................................................................... 16

C. Family-based approaches to policymaking .............................................................................. 16

D. Family-focused anti-poverty policies ...................................................................................... 16

E. Social security .......................................................................................................................... 17

F. Other social protection measures ............................................................................................. 17

G. Special programmes for vulnerable children ........................................................................... 17

V. Conclusions and recommendations .................................................................................................. 18

I. Introduction

1. In its resolution 29/22, the Human Rights Council requested the United Nations

High Commissioner for Human Rights to prepare a report on the impact of the

implementation by States of their obligations under relevant provisions of international

human rights law with regard to the protection of the family, and on the contribution of

families in realizing the right to an adequate standard of living for their members,

particularly through their role in poverty eradication and in achieving sustainable

development, while giving due consideration to the status of the family in the developments

related to the ongoing work on the future sustainable development goals and the post-2015

development agenda, and to present it to the Council at its thirty-first session.

2. In that same resolution, the Human Rights Council built on its resolution 26/11, in

which it had stated that the preparations for and the observance of the twentieth anniversary

of the International Year of the Family in 2014 would provide a unique opportunity for

increasing cooperation at all levels on family issues and for taking concerted actions to

strengthen family-centred policies and programmes, and decided to convene a panel

discussion on the protection of the family and its members in September 2014 (see

A/HRC/28/40).

3. In December 2014, during its sixty-ninth session, the General Assembly held a

plenary meeting on the observance of the twentieth anniversary of the International Year of

the Family to discuss the role of family-oriented policies in the post-2015 development

agenda.1

4. The 2030 Agenda for Sustainable Development, adopted on 25 September 2015,

identified the potential of families to contribute to the achievement of the Sustainable

Development Goals, including the eradication of poverty and the creation of just, inclusive

and secure societies.

5. The recognition of the role of families in development is not new; international

instruments have long recognized the positive functions that families have the potential to

perform towards the development of their members and the wider community. The

Universal Declaration of Human Rights (art. 16 (3)) and the International Covenant on

Civil and Political Rights (art. 23 (1)) state that the family is the natural and fundamental

group unit of society and is entitled to protection by society and the State. Other human

rights instruments reaffirm that recognition in similar terms. For example, the International

Covenant in Economic, Social and Cultural Rights requires States parties to recognize that:

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 (art. 10 (1)).

6. Recognition of the family as the fundamental unit of society can be found in the

Convention on the Rights of the Child (fifth preambular paragraph), the International

Convention on the Protection of the Rights of All Migrant Workers and Members of Their

Families (art. 44 (1)) and the Convention on the Rights of Persons with Disabilities

(preamble, para. x). Those instruments further highlight the role of families in protecting

1 See General Assembly resolution 69/144 and the press release, “General Assembly, observing

anniversary of international year, stresses essential role of family in socioeconomic development,

argues over its proper definition”, 3 December 2014. Available at www.un.org/press/en/2014/

ga11594.doc.htm.

the human rights of their members and in providing them with an enabling environment for

the enjoyment of those rights.2

7. International recognition of families as relevant actors in sustainable development

and poverty eradication is directly connected to the acknowledgment of the potential of

families to contribute to the realization of the right to an adequate standard of living of their

members, including adequate food, clothing, housing, water and sanitation. Indeed, the very

definition of that right under international law is inextricably connected to a family

dimension.3

8. Prepared pursuant to Human Rights Council resolution 29/22, the present report

provides an overview of the recognition of the role of families in the development process,

as evidenced by the evolution of the international policy framework over the last decades

and the parallel, but interrelated, protection of the family and protection of the rights of

family members under international human rights law. The report also includes an analysis

of the international obligations of States in relation to the protection of the family and aa

comparative review of State practice in that area, as well as conclusions and

recommendations.

9. For the preparation of the present report, a note verbale requesting input was sent to

all Member States and written contributions were received from 24 States. Submissions

were also received from civil society organizations, United Nations agencies and other

intergovernmental organizations, as well as from national human rights institutions.4 The

report has also benefited from inputs from the special procedure mandate holders of the

Human Rights Council.5

II. Role of families in poverty eradication and sustainable development: an international policy framework

10. The 2030 Agenda for Sustainable Development is the most recent expression of an

international policy framework highlighting the relevance of families in the development

process. However, that international consensus has a much longer history and has been

forged in recent decades as part of wider development and social protection debates,

advocating for strong family-focused policies as part of national and international efforts to

ensure the realization of the right to an adequate standard of living, sustainable

development and poverty reduction.

2 See, for example, Convention on the Rights of the Child, art. 18 (2); Convention on the Rights of

Persons with Disabilities, art. 23 (3).

3 The International Covenant on Economic, Social and Cultural Rights (art. 11 (1)) enshrines the right

of everyone to an adequate standard of living for himself and his family. Furthermore, the Committee

on Economic, Social and Cultural Rights, in its general comment No. 4 (1991) on the right to

adequate housing, states that the wording “himself and his family” should not be read as implying any

limitations upon the applicability of the right to individuals or to female-headed households or to

other such groups.

4 All submissions are available from

www.ohchr.org/EN/HRBodies/HRC/Pages/ProtectionFamily.aspx.

5 See joint letter from four special procedure mandate holders to the President of the Human Rights

Council (3 July 2015), available from www.ohchr.org/Documents/Issues/Women/WRGS/

JointLetterPresidentHRCProtectionFamily.pdf; statement by the Chair of the Coordination

Committee of Special Procedures (A/HRC/28/41, annex X); and letter from the Chair-Rapporteur of

the Working Group on the issue of discrimination against women in law and in practice to the

President of the Human Rights Council (1 September 2015), available from

www.ohchr.org/Documents/Issues/Women/WG/ProtectionOfFamily.pdf.

A. Evolution of the international policy framework

11. One of the first policy documents to signal that families had a role to play in

development was the Declaration on Social Progress and Development, proclaimed by the

General Assembly in its resolution 2542 (XXIV), in 1969. Article 4 of the Declaration

affirms that the family, as the basic unit of society and the natural environment for the

growth and well-being of all its members, should be assisted and protected so that it may

fully assume its responsibilities with the community. The Declaration also incorporates a

specific provision on family policies (art. 22) and sets out the means and methods for

achieving the objectives of social progress and development (arts. 23-27).

12. Several initiatives within the United Nations development system subsequently built

on those basic tenets. In 1983, the Economic and Social Council adopted its first resolution

on the role of the family in the development process (resolution 1983/23), in which it called

upon States to formulate and implement measures addressed to the welfare of the family as

a whole, as part of development policies (para. 2).

13. Subsequently, the General Assembly adopted resolutions on the need to enhance

international cooperation in the field of protection of and assistance to families,6 which

eventually led to the unanimous proclamation of 1994 as the International Year of the

Family and to the adoption of resolutions on the preparations for and observance of the

Year.7 The observance of the Year represented recognition of the role of families as major

agents of sustainable development at all levels of society.8

14. The awareness-raising activities for the Year proved essential in ensuring that the

family was taken into consideration by the various international summits and conferences

held under the auspices of the United Nations during the 1990s, including the World

Conference on Human Rights (Vienna, 1993), the International Conference on Population

and Development (Cairo, 1994), the Fourth World Conference on Women (Beijing, 1995)

and the World Summit for Social Development (Copenhagen, 1995).9 Other meetings and

follow-up processes have also addressed the role of the family in development, social

protection and poverty reduction policies.10

15. The internationally agreed texts adopted at those summits and conferences

contributed to the crystallization of an international consensus on the role of families in

development, which is still considered valid today.11 That consensus encompasses: (a) the

need for family-centred measures and approaches as part of development policies;12 (b) the

6 General Assembly resolutions 42/134 and 43/135.

7 General Assembly resolutions 44/82, 45/133, 46/92 and 47/237.

8 See General Assembly resolution 47/237, sixth preambular paragraph.

9 See Vienna Declaration and Programme of Action, available from

www.ohchr.org/EN/ProfessionalInterest/Pages/Vienna.aspx; Programme of Action of the

International Conference on Population and Development, A/CONF.171/13, annex I; Beijing

Declaration and Platform for Action, A/CONF.177/20, annex I; Copenhagen Declaration and

Programme of Action, A/CONF.166/9, annex I.

10 See World Programme of Action for Youth to the Year 2000 and Beyond, General Assembly

resolution 50/81, annex; Istanbul Declaration on Human Settlements and the Habitat Agenda,

A/CONF.165/14, annex I; and Political Declaration and Madrid International Plan of Action, Second

World Assembly on Ageing (Madrid, 8-12 April 2002), art. 15 and paras. 101-105.

11 See General Assembly resolution 68/136, 3rd preambular paragraph, noting that the outcomes of

conferences and summits of the 1990s and their follow-up processes continue to provide policy

guidance in relation to family policies).

12 See Beijing Declaration and Platform for Action, para. 29; Istanbul Declaration on Human

Settlements and the Habitat Agenda, paras. 31 and 40 (k); Programme of Action of the International

recognition of the various forms of family, depending on different cultural, political and

social systems, as well as the changes undergone by the family as a social institution;13 (c)

the recognition of the principle of gender equality and that family policies should be based

on and promote respect for equality between men and women;14 (d) the need for special

protection of family members who may be in a situation of vulnerability, including

children, youth, the elderly or people with disabilities;15 and (e) the integration of universal

access to reproductive health services, including family planning and sexual health, as part

of development efforts.16

16. Despite that consensus, family issues gradually lost saliency in subsequent

development platforms. For instance, neither the Millennium Declaration nor its follow-up

process contained any reference to the family. Nevertheless, the implementation of the

Millennium Development Goals could not be divorced from family policies, particularly

those related to poverty reduction, child and maternal mortality and children’s education.17

17. The year 2014 marked the twentieth anniversary of the International Year of the

Family and coincided with international debates regarding the post-2015 development

agenda, focusing on the three related themes of poverty eradication, work-family balance

and intergenerational solidarity.18 The commemoration of the twentieth anniversary of the

Year returned family policies to the centre of the social protection agenda and highlighted

the need for family-centred interventions as part of an integrated comprehensive approach

to development.19

B. Status of the family in relation to the 2030 Agenda for Sustainable

Development

18. Adopted in September 2015, the 2030 Agenda for Sustainable Development

highlights the role of families as development actors and expressly commits States to

provide children and youth with a nurturing environment for the full realization of their

rights and capabilities, including through cohesive communities and families.20

The

Sustainable Development Goals and targets reflect a broad range of objectives that are

important for the protection of the family and its members, and for the realization of the

right to an adequate standard of living for all families. In addition, families are recognized

as key actors in the transmission of values that are vital for making the sustainable

Conference on Population and Development, principle 9, para. 5.8.; and Copenhagen Declaration and

Programme of Action, para. 80.

13 See also Istanbul Declaration on Human Settlements and the Habitat Agenda, para. 31; International

Conference on Population and Development, principle 9, paras. 5.1-5.6; and Copenhagen Declaration

and Programme of Action, para. 80.

14 Beijing Declaration and Platform for Action, paras. 29 and 113-125; International Conference on

Population and Development, principle 9, paras. 4.1-4.14; and Copenhagen Declaration and

Programme of Action, para. 81(a).

15 Beijing Declaration and Platform for Action, para. 29; Istanbul Declaration on Human Settlements

and the Habitat Agenda, paras. 31 and 40(l); International Conference on Population and

Development, principle 11, para. 5.8-5.13; Copenhagen Declaration and Programme of Action, para.

81(c).

16 Beijing Declaration and Platform for Action, paras. 94-97 and 281(e); Istanbul Declaration on Human

Settlements and the Habitat Agenda, paras. 127 (c) and 136 (f); International Conference on

Population and Development, paras. 3.18 and 7.1-7.28.

17 See A/66/62-E/2011/4, para. 7.

18 See Economic and Social Council resolution 2011/29, para. 4.

19 See General Assembly resolution 66/126, para. 4.

20 See General Assembly resolution 70/1, annex, para. 25.

development agenda a reality, such as gender equality, respect for the environment and

intergenerational solidarity.

19. Of the 17 Sustainable Development Goals, Goal 5, “Achieve gender equality and

empower women and girls”, sets out a number of particularly relevant commitments to help

achieve gender equality within the family. Target 5.4 commits States to recognize and value

unpaid care and domestic work through the provision of public services, infrastructure and

social protection policies and the promotion of shared responsibility within the household

and the family. Also relevant are the specific targets to address equal rights to economic

resources (target 5.a), elimination of discrimination and violence against women and girls

(targets 5.1-5.3) and access to sexual and reproductive health and reproductive rights,

which is expressly linked to the recommendations of previous world conferences (target

5.6).

20. Under the heading, “Promote just, peaceful, and inclusive societies”, Goal 16 sets

out a number of commitments that are relevant for the protection of family members, such

as target 16.1 on ending all forms of violence; target 16.2 on ending abuse, exploitation,

trafficking and violence against children; target 16.9 on providing legal identity and birth

registration for all; and target 16.b on non-discrimination.

21. In a recent report, the Secretary-General underscored that adding families to the

sustainable development agenda would represent a step in the direction of empowerment

and reduction of inequality and contribute to the achievement of sustainable development

goals (see A/69/61-E/2014/4, para. 68). In order to better reflect the role of families in the

implementation of the 2030 Agenda for Sustainable Development, consideration needs to

be given to human rights principles and standards as the foundation of the agenda, in

particular those pertaining directly to family life.

III. Provisions of international human rights law pertaining to the family

22. International human rights instruments have long recognized that the family is the

fundamental unit of society and that it performs valuable functions for its members and for

the community as a whole. For those reasons, States bear the primary obligation to provide

protection and assistance to the family so that it can fully assume those functions. At the

same time, international standards do not prescribe a specific concept of family, which

varies depending on the concrete historical, social, cultural and economic make-up of the

community and of the life circumstances of family members.

23. Moreover, as the following review of international law and practice clearly shows,

protection of the family in international law is indissolubly linked to the principle of

equality, including gender equality, and to the protection of its individual members against

all kinds of discrimination, violence or abuse within the family setting.

A. Definition of the family

24. There is no definition of the family under international human rights law. The

Human Rights Committee notes that the concept of family may differ in some respects

from State to State, and even from region to region within a State, and that is therefore not

possible to give the concept a standard definition.21 Similarly, the Committee on Economic,

21 See Human Rights Committee, general comment No. 19 (1990) on the family, para. 2.

Social and Cultural Rights has stated that the concept of family must be understood in a

wide sense and in accordance with appropriate local usage.22 Other international human

rights mechanisms have expressed similar views.23

25. The concept of family may also differ according to the specific rights and

responsibilities at stake. For instance, in relation to the rights of the child, the concept of

family may include a variety of arrangements that can provide for a young child’s care,

nurturance and development, including the nuclear family, the extended family and other

traditional and modern community-based arrangements, provided these are consistent with

the rights and the best interest of the child.24 Likewise, the notion of “family environment”

may encompass children’s social ties in a wider sense.25 The International Convention on

the Protection of the Rights of All Migrant Workers and Members of Their Families defines

“members of the family” as persons in a relationship that, under applicable law, produces

effects equivalent to marriage, as well as their dependent children and other dependent

persons recognized as such by applicable legislation (arts. 4 and 44 (2)).

26. States retain some leeway in defining the concept of family in national legislation,

taking into consideration the various legal systems, religions, customs or traditions within

their society, including indigenous and minority cultures.26 However, international

standards set forth at least two minimum conditions for the recognition and protection of

families at the national level: first, respect for the principle of equality and non-

discrimination, including the equal treatment of women; and second, the effective guarantee

of the best interest of the child.27 Given those parameters, human rights mechanisms have

found that some forms of relationships, such as polygamy and child marriage, are contrary

to international human rights standards and should be prohibited.28

27. In addition to the above principles, international mechanisms have called upon

States to protect specific forms of the family in view of the vulnerability of their members

in relation to the enjoyment of human rights. For instance, attention has been drawn to the

discrimination suffered by women and children in de facto unions and there have been calls

for the regulation of those unions in domestic law.29 In similar terms, the Committee on

22 See Committee on Economic, Social and Cultural, general comment No. 4 (1991) on the right to

adequate housing, para. 6; and general comment No. 5 (1994) on persons with disabilities, para. 30.

23 See Committee on the Elimination of Discrimination against Women, general recommendation No.

21 (1994) on equality in marriage and family relations, paras. 13 and 18; and general recommendation

No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, para.

24; Committee on the Rights of the Child, general comment No. 7 (2005) on implementing child

rights in early childhood, para. 15; also A/HRC/29/40, paras. 23-24.

24 See Committee on the Rights of the Child, general comment No. 7, para. 15.

25 See Committee on the Rights of the Child, general comment No. 14 (2013) on the right of the child to

have his or her best interests taken as a primary consideration, para 70.

26 See Human Rights Committee, general comment No. 16 (1988) on the right to privacy, para. 5; and

CCPR/C/60/D/549/1993/Rev.1, para. 10.3.

27 See International Covenant on Civil and Political Rights, art. 23(4); International Convention on the

Elimination of All Forms of Discrimination against Women, arts. 2 and 5 (b); and Convention on the

Rights of the Child, art. 18 (1).

28 See Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination

against Women/general comment No. 18 of the Committee of the Rights of the Child (2014) on

harmful practices, paras. 24-26.

29 See Committee on the Elimination of Discrimination against Women, general recommendation No.

29, paras. 30-31; also A/HRC/29/40, para. 74 (c).

Economic, Social and Cultural Rights has called upon States to legally recognize same-sex

couples.30

B. Right to marry and to found a family

28. The Universal Declaration of Human Rights (art. 16) and the International Covenant

on Civil and Political Rights (art. 23 (2)) affirm the right of men and women of full, or

marriageable, age to marry and to found a family. That right is expressly linked to the

principle of non-discrimination and applies to men and women without any limitation due

to race, nationality or religion. The principle of non-discrimination in that context is also

stated in the Convention on the Elimination of All Forms of Discrimination against Women

(art. 16 (1) (a)) and in the Convention on the Rights of Persons with Disabilities (art. 23 (1)

(a)).

1. Right to freely choose a spouse and prohibition of forced marriage

29. The Universal Declaration of Human Rights provides that marriage shall be entered

into only with the free and full consent of the intending spouses (art. 16 (2)). The same

provision is included in the International Covenant on Civil and Political Rights (art. 23

(3)), the International Covenant on Economic, Social, and Cultural Rights (art. 10 (1)), the

Convention on the Elimination of All Forms of Discrimination against Women (art. 16 (1)

(b)) and the Convention on the Rights of Persons with Disabilities (art. 23 (1) (a)).

30. A logical corollary of the right to freely choose a spouse is the prohibition of forced

marriage, which especially affects women and girls. Forced marriages may take various

forms, such as an exchange or trade-off; they may be servile, levirate or contractual; or they

may be contracted through payment or preferment, all of which are considered practices

similar to slavery. Such marriages should not be recognized by the State as legally valid or

subsequently rectifiable.31 Similarly, international norms proscribe the forced dissolution of

the marriage bond, including subjecting the change of legal gender to the requirement of

dissolution of a previous marriage or civil partnership.32

2. Definition of marriageable age and prohibition of child marriage

31. International and regional instruments are unanimous on the minimum age at which

the right to marry or to found a family may be exercised. The Convention on the

Elimination of All Forms of Discrimination against Women (art. 16 (2)), as well as the

Convention on Consent to Marriage, Minimum Age for Marriage and Registration of

Marriages (art. 2) require States to establish a minimum age for marriage in their domestic

legislation. The Committee on the Elimination of Discrimination against Women and the

Committee on Economic, Social and Cultural Rights have stated that the minimum age for

30 See E/C.12/BGR/CO/4-5, para. 17; E/C.12/SVK/CO/2, para. 10; the Committee’s general comment

No. 20 (2009) on non-discrimination in economic, social and cultural rights, paras. 26 and 31; and

A/HRC/29/23, para. 79 (h).

31 See Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and

Practices Similar to Slavery (1956), art. 1 (c); Committee on the Elimination of Discrimination

against Women, general recommendation No. 21(1994) on equality in marriage and family relations,

para. 16; and Joint general recommendation No. 31 of the Committee on the Elimination of

Discrimination against Women/general comment No. 18 of the Committee of the Rights of the Child

(2014) on harmful practices, para. 24.

32 See CCPR/C/IRL/CO/4, para. 7; also A/HRC/29/23, paras. 69-70 and 79 (i).

marriage should be 18 years and that the legal age of marriage should be the same for men

and women.33

32. Correspondingly, child marriages as well as child betrothals — practices that

disproportionately affect girls — are prohibited under international human rights law and

when performed as a source of economic benefit or labour, such practices are considered

analogous to slavery.34 Marriage below the age of 18 should be allowed only in exceptional

circumstances, provided that the child is at least 16 years old and the process is subject to

judicial review.35

3. Right to decide on the number and spacing of children

33. The Convention on the Elimination of All Forms of Discrimination against Women

states that women have the same rights as men to decide freely and responsibly on the

number and spacing of their children (art. 16 (1) (e)). That right is reaffirmed in the

Convention on the Rights of Persons with Disabilities (art. 23 (1) (a)). In order to support

the exercise of that right, international law requires States to provide access to family

planning as part of health-care services.36 All individuals, including adolescents, have equal

rights to access sexual and reproductive health services and information. That requires

particular attention in order to prevent coercion and to remove third-party consent

requirements for women and adolescents to access those services.37

C. Right to privacy and family life

34. The Universal Declaration of Human Rights provides that no one shall be subjected

to arbitrary interference with his privacy, family, home or correspondence (art. 12). Similar

provisions are found in the International Covenant on Civil and Political Rights (art. 17 (1))

and in other United Nations instruments.38 That right has been interpreted broadly to

encompass, inter alia, protection against forced evictions, demolition of homes or property,

destruction of traditional burial grounds and expulsion of foreigners.39 The right to family

33 See Committee on the Elimination of Discrimination against Women, general recommendation No.

21, para. 36; Committee on Economic, Social and Cultural Rights, general comment No. 16, para. 27.

34 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and

Practices Similar to Slavery (1956), arts. 1(d) and 2.

35 See Committee on the Elimination of Discrimination against Women, general recommendation No.

21, para. 36.

36 International Convention on the Elimination of All Forms of Discrimination against Women, arts. 10

(h), 16 (1) (e), 12 (1) and 14 (2) (b); Convention on the Rights of the Child, art. 24 (2) (f); Convention

on the Rights of Persons with Disabilities, arts. 23 (1) (b) and 25 (a).

37 Committee on the Elimination of Discrimination against Women, general recommendation No. 21,

para. 22; and general recommendation No. 24 (1999) on women and health, paras. 17-18 and 23-28;

Committee on the Rights of the Child, general comment No. 4 (2003) on adolescent health and

development in the context of the Convention, para. 24; and general comment No. 15 (2013) on the

right of the child to the enjoyment of the highest attainable standard of health, para. 69.

38 See Convention on the Rights of the Child, art. 16; International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families, art. 14; Convention on the Rights of

Persons with Disabilities, art. 22 (1).

39 See Committee on the Elimination of Racial Discrimination, general recommendation No. 30 (2005)

on discrimination against non-citizens, para. 28; and general recommendation No. 31 (2005) on the

prevention of racial discrimination in the administration and functioning of the criminal justice

system, para. 37; CCPR/C/BGR/CO/3, para. 24; CCPR/C/KEN/CO/3, para. 24; CCPR/CO/78/ISR,

para. 16; CCPR/C/60/D/549/1993/Rev.1, para. 10.3; also Committee on Migrant Workers, general

life also applies to persons deprived of their liberty, who should be allowed to communicate

with their families, subject only to reasonable restrictions established by law.40

35. The right to family life is reflected in the general preference for preserving the

family unit and not separating its members, particularly dependent members. The

Convention on the Rights of the Child affirms the right of children not to be separated from

their parents against their will, except where necessary for the best interest of the child,

such as in cases of abuse or neglect (art. 9 (1)), following a judicial determination to that

effect. Children deprived of their family environment should be provided with alternative

care (art. 20) and, whenever possible, have contact with their parents (art. 9 (3)). According

to the Convention on the Rights of Persons with Disabilities (art. 23 (4)), in no case shall a

child be separated from parents on the basis of a disability of either the child or one or both

of the parents.

36. The International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families requires States to ensure the protection of the

unity of the families of migrant workers, including by facilitating the reunification of

documented migrants with their spouses and dependent children (art. 44). The Convention

on the Rights of the Child urges States parties to deal with such requests in a positive,

humane and expeditious manner (art. 10).

D. Right to equality in the family

1. Equality between men and women

37. Equality between men and women is an essential component of the international

protection of the family. This principle is codified in the Universal Declaration of Human

Rights (art. 16 (1)) and in the International Covenant on Civil and Political Rights (art. 23

(4)), which affirm the equal rights of both men and women as to marriage, during marriage

and at its dissolution, and is also mentioned in the International Covenant on Economic,

Social and Cultural Rights.41

38. Achieving equality between men and women in the family is one of the objectives of

the Convention on the Elimination of All Forms of Discrimination against Women. The

Convention requires States to take measures to modify practices based on stereotyped roles

of men and women, including those based on social and cultural patterns of conduct, and to

recognize the common responsibility of both men and women in the upbringing and

development of their children (art. 5). Moreover, article 16 of the Convention recognizes

the equality of men and women in all matters relating to marriage and family relations,

including entering into marriage, during marriage and at its dissolution, including the right

as parents to decide on the number and spacing of their children, guardianship of their

children, choice of family name, profession and occupation, and ownership, administration,

comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their

families, para. 50.

40 See Convention on the Rights of the Child, art. 37 (c); International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families, art. 17 (5); International

Convention for the Protection of All Persons from Enforced Disappearance, art. 17 (2) (d).

41 Committee on Economic, Social, and Cultural Rights, general comment No. 16 (2005) on the equal

right of men and women to the enjoyment of all economic, social and cultural rights, para. 27.

enjoyment and disposition of property. Those aspects have been the object of detailed

discussion in international jurisprudence.42

39. In recent reports, the Working Group on the issue of discrimination against women

in law and in practice has described the many legal, economic, social and cultural barriers

that prevent women from achieving full equality in the family context. These include

obstacles to economic opportunities for women resulting from reproduction and care

functions, as well as State, religious or customary norms that reinforce patriarchal family

structures.43

40. The principle of equality between men and women connects with the obligation of

States to promote reconciliation between work and family responsibilities.44 The main

international instruments in this area are the International Labour Organization Workers

with Family Responsibilities Convention, 1981 (No. 156), and Workers with Family

Responsibilities Recommendation, 1981 (No. 165). Convention No. 156 requires States

parties to adopt policies aimed at ensuring that persons with family responsibilities can

exercise the right to work without discrimination, and to help them reconcile their

employment and family responsibilities (art. 3).

2. Equality of children

41. International human rights law protects children from being discriminated against

within the family on the basis of gender, disability, family status or any grounds and calls

upon States to recognize children as rights holders.45 In addition, family responsibilities

should be discharged equally for boys and girls, especially in relation to access to

education, food and health care.46

42. Furthermore, States should ensure that children with disabilities enjoy equal rights

as other children in relation to family life, including preventing their concealment,

abandonment, neglect and segregation.47 Children born of de facto unions or out of wedlock

should also enjoy equal rights in relation to those born to married couples, including the

rights to be registered and to have a name.48 The Committee on the Rights of the Child has

called upon States to protect children from discrimination based on their own or their

parents’ or legal guardian’s sexual orientation or gender identity.49

42 Human Rights Committee, general comment No. 28; Committee on Economic, Social, and Cultural

Rights, general comment No. 16; Committee on the Elimination of Discrimination against Women,

general recommendations No. 21 and No. 29.

43 See A/HRC/26/39, paras. 81-97; and A/HRC/29/40, paras. 34-61.

44 Convention on the Elimination of All Forms of Discrimination against Women, art. 11 (2).

45 Committee on the Rights of the Child, general comments No. 5, para. 21; No. 7, para. 3; and No. 14,

para. 16.

46 See Human Rights Committee, general comment No. 28, para. 28.

47 Convention on the Rights of Persons with Disabilities, art. 23 (3).

48 See Committee on the Elimination of Discrimination against Women, general recommendation No.

21, para. 19; and Human Rights Committee, general comment No. 17 (1989) on the rights of the

child, para 7.

49 See Committee on the Rights of the Child, general comment No. 15 para. 8; also A/HRC/29/23, para.

79 (h).

E. Right not to be subject to violence or abuse within the family

1. Violence against women

43. Family or domestic violence is one of the most insidious forms of violence against

women and is prevalent in all societies.50 The Declaration on the Elimination of Violence

against Women (see General Assembly resolution 48/104) states that this form of violence

includes battering, sexual abuse of female children in the household, dowry-related

violence, marital rape, female genital mutilation and other traditional practices harmful to

women, non-spousal violence and violence related to exploitation (art. 2 (a)). In addition,

the Declaration puts forward the notion of State due diligence, which requires the State to

prevent, investigate and punish acts of violence against women committed by private

actors, including in the family context (art. 4 (c)). International mechanisms have also

expressed concern about harmful traditional practices as forms of violence against women

and girls in the family context.51

2. Violence and abuse against children, including corporal punishment

44. The Convention on the Rights of the Child (art. 19 (1)) requires States parties to

protect the child from all forms of physical or mental violence, injury or abuse, neglect or

negligent treatment, maltreatment or exploitation in the family context. This prohibition

includes all forms of abuse of children based on their gender, sexual orientation or

disability.52 According to the Committee on the Rights of the Child, the prohibition

encompasses corporal punishment of children, as well as any other cruel or degrading

forms of punishment within the family .53

45. Under the Convention, protection of the child against violence or abuse also

encompasses sexual abuse (art. 19 (1)). As stated by the Special Rapporteur on the sale

of children, child prostitution and child pornography, the family represents the first layer of

a child’s protective environment and the weakening of family structures put children at

risk.54 At the same time, families confronting poverty or social disruption may promote the

exploitation of their children.55

3. Violence and abuse against persons with disabilities

46. The Convention on the Rights of Persons with Disabilities protects persons with

disabilities from all forms of exploitation, violence and abuse, including within the home

(art. 16 (1)). States parties must put in place effective legislative and policy measures in

order to ensure that these practices are identified and investigated and that perpetrators are

prosecuted (art. 16 (5)).

50 Committee on the Elimination of Discrimination against Women, general recommendation No. 19

(1992) on violence against women, para. 6.

51 See Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination

against Women/general comment No. 18 of the Committee of the Rights of the Child; also Special

Rapporteur on traditional practices, Halima Embarek Warzazi, “Study on traditional practices

affecting the health of women and children” (1991); E/CN.4/2002/83; and A/HRC/4/34.

52 See A/HRC/19/41, para. 24; and A/HRC/29/23, paras. 22, 30 and 45.

53 Committee on the Rights of the Child, general comment No. 8 (2006) on the right of the child to

protection from corporal punishment and other cruel or degrading forms of punishment, para. 5.

54 A/25/48, para. 32.

55 A/22/54, para. 38.

4. Violence and abuse against older persons

47. Older persons are vulnerable to neglect and to physical, psychological, emotional,

sexual or financial abuse within the family.56 The Madrid International Plan of Action on

Ageing recommends specific actions to be taken by States to eliminate such abuse (para.

110). At the regional level, the Inter-American Convention on Protecting the Human Rights

of Older Persons provides for the protection of older persons from any violence “within the

family or household unit,” including abandonment or negligence. States parties undertake

to prevent any form of violence in the family or household unit and to ensure that older

persons are treated with dignity (art. 9).

F. State obligations with regard to the protection of the family

48. Analysis of the evolving standards and practice within the United Nations human

rights system reveals the existence of a clear international normative consensus, built

around the recognition of the family as the fundamental social unit and of the various

educational, nurturing and caring functions families perform for their members. That makes

families relevant actors in promoting the enjoyment of the basic human rights of their

members, including the rights to an adequate standard of living, notwithstanding the

primary obligations of States in that regard. From that perspective, the recognition of the

family as a social institution in international human rights law concurs with and builds upon

the recognition of the role of families in poverty eradication and sustainable development

(see paras. 11-17 above)

49. Derived from this recognition, international norms, starting with the foundational

article 16 (3) of the Universal Declaration of Human Rights, affirm States’ obligations with

regard to the family. The International Covenant on Economic, Social and Cultural Rights

calls upon States to accord the widest possible protection and assistance to families (art.

10), thus signalling that the implementation of State obligations in this area is not limited to

formal recognition or non-interference, but also includes positive measures.

50. In implementing their international obligations, States should adopt a human rights-

based approach that is grounded in international standards, as described above. Family

policies should be guided by basic human rights principles, including equality and non-

discrimination, and by respect for the rights of individual family members, notably those

who might find themselves in a situation of vulnerability. A rights-based approach would

provide substantive guidance for State intervention in priority areas, such as ensuring

universal access to sexual and reproductive health services, including family planning, or

promoting work-family balance.

IV. Implementation of State obligations: a review of comparative practices

51. Family policies may take a variety of forms. However, they are conventionally

divided into two interrelated categories: explicit family policies, which are designed to

achieve specific objectives relating to the family as a social institution; and implicit family

policies, which, while not addressing the family unit directly, may have bearing on it.57 The

56 A/HRC/18/37, paras. 50-51.

57 Department of Economic and Social Affairs, “Family policy in a changing world: promoting social

protection and intergenerational solidarity”, Report of the Expert Group meeting (Doha, 14-16 April

2009), pp. 8-9. Available at www.un.org/esa/socdev/family/meetings/egmreportdoha09.pdf.

responses received to the questionnaire that was distributed for the preparation of the

present report bear witness to the variety of legal and policy measures taken by States with

the aim of providing protection and assistance to the family.58 The responses addressed

several policy areas, ranging from specific measures for families living in poverty, social

security and social protection measures, and measures aimed at the protection of specific

family members.

A. Legal instruments

52. In some States, the family unit enjoys constitutional protection or protection under

special laws. In Hungary, the Fundamental Law of Hungary and the Act on the Protection

of Families (2011) prioritize support to families in the central budget planning. In

Colombia, Law No. 1361 on the Integral Protection of the Family (2009) established the

National Observatory on the Family and provides legal backing to the National Policy to

Support and Strengthen the Family.

53. Other States reported changes to their general legislation aimed at enhancing

protection of the family institution. In 2015, Argentina amended the Civil Code (Law No.

26994). The new Code establishes a system whereby couples can opt for the matrimonial

regime of marital property or separation of property, provides for special protection of the

family home and recognizes equal status to children born of assisted reproduction. Sweden

recently reformed its criminal and civil law, which strengthens protection against forced

marriage and child marriage, including abolition of the exemption to child marriage,

introduction of more stringent criteria for recognizing foreign marriages and criminalization

of unlawful coercion or exploitation to marry.

54. Several States have introduced changes in their legislation to allow for the legal

recognition of relationships between persons of the same sex. In Argentina, the Egalitarian

Marriage Law (No. 26618) expressly allows for same-sex marriages. In Sweden, the reform

of the Marriage Code in 2009 made the definition of marriage gender neutral, thus granting

people the right to marry regardless of the sex of the spouses. In other countries, same-sex

couples are recognized by judicial action.59

55. Other States described legislation that recognizes unmarried couples or de facto

unions. The Swedish Cohabitees Act (2003) provides minimum protection to members of

de facto unions in the event of separation. In Chile, Law No. 20.830 (2015) or the Civil

Union Agreement recognizes civil unions of same-sex and opposite-sex couples. As part of

their domestic legislation regarding the family, many States reported the existence of

special instruments aimed at protecting family members against violence and abuse.

56. In Bosnia and Herzegovina, the Law on Gender Equality affords protection against

gender-based violence, while the territorial entities in the country have adopted legislation

on domestic violence and protection of family members in that context. Similarly, Oman

reported the existence of an overarching set of legislative measures to protect women from

all forms of violence, including sexual and intra-family violence, as well as trafficking and

new forms of slavery (see Royal Decrees No. 74/2007 and No. 126/2008).

57. In 2012, Trinidad and Tobago adopted the Children Act, which enhanced the legal

protection of children against sexual abuse, prostitution and child pornography. The Act

introduced reforms in several areas, including the definition of child; the introduction of

58 Copies of all submissions can be found at www.ohchr.org/EN/HRBodies/HRC/Pages/

ProtectionFamily.aspx.

59 See submissions from Colombia, Mexico and the United States of America.

new statutory sexual offences against children and higher penalties to persons convicted of

crimes against children; and a new minimum age for compulsory or basic education.

B. Specialized agencies and governmental bodies

58. In Azerbaijan, the State Committee on Family, Women and Children serves as a

coordination forum for national efforts in cooperation with civil society organizations. The

National Family Council of Cabo Verde and the National Technical Table on the Family of

Colombia follow a similar multi-stakeholder model.

59. In addition to family councils, a number of States reported the existence of

coordinating agencies at the executive level. For instance, in Mexico, the National System

for Integral Family Development is the federal institution responsible for family welfare. In

the United Arab Emirates, the official body responsible for family affairs is the Supreme

Council for Motherhood and Childhood.

C. Family-based approaches to policymaking

60. In Mexico, the General Law on Social Development (2010) identifies the family as

one of the subjects of development, along with individuals, social organizations and

vulnerable groups. The law requires State authorities to provide families with development

opportunities and to allow for their participation. Since 1993, the National Commission on

Human Rights of Mexico, the ombudsman institution, has implemented the Childhood and

Family Affairs Programme, which encourages the implementation of a human rights-based

approach to national policymaking.

61. In 1996, the Islamic Republic of Iran adopted the policy document entitled “Main objectives and principles and policies to strengthen families”, which defines a common action plan for family policies. All relevant executive agencies and entities are expected to

implement the policy and to report annually on their activities in that area.

62. The Government of the United Kingdom of Great Britain and Northern Ireland

introduced a “family test” in 2014 with the objective of ensuring that the policymaking process takes into consideration the potential impacts of new policies on family

relationships. Among the various issues covered by the test, policymakers are requested to

be aware of the potential direct and indirect impacts that a new policy can have on families

most at risk and to address how to support those families.

D. Family-focused anti-poverty policies

63. Under the programme, “Families in their land”, Colombia supports poverty reduction through myriad measures, which include support for housing, food security and

labour and community support. The programme is tailored specifically to meet the needs of

families affected by the armed conflict in the country, as well as the needs of returned or

relocated families.

64. In Mexico, the Programme on Social Inclusion specifically targets families living in

poverty. The programme aims to break the intergenerational poverty circle through

capacity-building, monthly monetary allowances, scholarships and preventive health care,

including vaccination and sexual education.

65. The Russian Federation has implemented special employment programmes to

support families affected by the world financial crisis through targeted part-time

employment, employment quotas, training and retraining opportunities. A Presidential

decree of 2012 provides for the training of women on extended maternity leave as well as

special employment programmes for women taking care of dependent children.

E. Social security

66. In Argentina, family allowances cover various family situations, such as marriage,

birth or adoption, and an annual child allowance is provided to families with school-age

children. In addition, a universal child allowance is provided to families in certain

circumstances, including to parents who are unemployed, who earn a salary equal to or

lower than the national minimum salary, who work in the informal sector, or who are

domestic or seasonal workers.

67. In Bosnia and Herzegovina, the main social security instruments of the territorial

entities, as well as the Law on Social Protection, Protection of Civilian War Victims and

Families with Children of the Federation of Bosnia and Herzegovina (1999) and the Law on

Social Protection of Republika Srpska (1993) provide maternity allowance to women

during pregnancy and childbirth.

68. In the Russian Federation, under the provisions of the Federal Law on State

Subsidies to Individuals with Children (1995), the State provides a one-time allowance to

women at the birth of a child, as well as monthly child allowances to single-parent families.

69. In Sweden, the Parental Leave Act affords both mothers and fathers the right to

parental leave, as well as extended family leave and reduced working hours. Swedish social

security grants parents economic compensation for income lost in order to stay home with a

child. In addition, the Government grants automatic financial support to all children who

are resident in the country.

F. Other social protection measures

70. In Argentina, the bicentenary credit plan for low-income families, known as

PROCREAR, includes the concession of mortgages for the construction or repair of family

homes. Hungary provides a social housing subsidy to families wishing to buy, build or

expand a house. In the Russian Federation, housing programmes target families with

special needs, such as young families and large families; modalities include access to credit,

affordable mortgages and land allotments. In Sweden, housing allowances are granted to

families with children living at home, as well as to low-income families.

71. As part of the National Plan on Food Security, the “Pro-orchard” programme in Argentina contributes to improving and diversifying family nutrition. In Colombia, the

Food Security Network provides families with access to food and education on healthy

consumption patterns. In addition, the Ethnic Differentiated Focus programme supports

food security through an ethnically differentiated approach. Mexico implements a variety of

programmes to support disadvantaged families under the Integral Social Food Assistance

Strategy. Likewise, Saudi Arabia implements emergency cash and food programmes as part

of wider government efforts to support low-income families and families in crisis

situations.

G. Special programmes for vulnerable children

72. Many States reported on a number of institutional measures aimed at the protection

of children, especially children in situations of vulnerability or risking marginalization, as a

central component of family policies. As indicated in one submission, the family is the first

shield against any form of violation of children’s rights.60

73. In Bahrain, a child protection centre was established in 2007 to provide social,

psychological and legal assessment, treatment and follow-up services for child victims of

ill-treatment, physical and sexual abuse, and psychological neglect. In Cabo Verde, a

network of youth centres, emergency centres and tele-centres provides care, counselling

and psychological support for children at risk. Chile has adopted a similar preventive

approach to its child protection policy with 175 focused prevention programmes aimed at

precluding violations of children rights. In Oman, child protection committees focus on

preventing violence, exploitation and abuse.

74. The national action plan for orphans and vulnerable children of Zimbabwe supports

the implementation of community-based child protection programmes and includes a

central HIV and AIDS mitigation component. Child protection committees are responsible

for the implementation of the action plan.

V. Conclusions and recommendations

75. The review of international human rights law and practice is illustrative of a

broad consensus regarding the potential contribution of families to the well-being and

development of their members and of society as a whole. It further reveals the

convergence of international human rights standards, on the one hand, and of the

universally accepted outcomes of international conferences and summits, on the other,

regarding the recognition of the role of families in ensuring the right to an adequate

standard of living of their members, including by promoting sustainable development

and poverty reduction. The 2030 Agenda for the Sustainable Development is the latest

expression of that international consensus, committing States to promote cohesive

families as part of an integrated and comprehensive approach to sustainable

development.

76. The consensus regarding the role of families in sustainable development is

grounded in a number of common elements, including the need to recognize the

diverse and changing forms of the family institution, in accordance with the different

social, cultural and economic characteristics of every society; the promotion of

equality between men and women; and the effective protection and promotion of the

rights of women, children, persons with disabilities, older persons and all family

members, without distinction. Moreover, ensuring universal access to sexual and

reproductive health services, including family planning, should be an integral part of

development efforts.

77. The submissions received from States and other stakeholders reveal that the

implementation by States of their obligation to protect and support families may take

many forms, ranging from legal measures to a wide range of social protection policies

and programmes, including family-focused policies as well as family-based

approaches to general policymaking.

78. The design and implementation of policies in the context of the 2030 Agenda

should be guided by a human-rights based approach that supports families in

performing their valuable societal functions, while respecting and ensuring the

effective realization of the rights of family members.

60 See submission from Association Pope John 23rd, p. 2.