UNITED NATIONS: Resolution on 'Protection of the Family' threatens children's rights

The Human Rights Council is holding its 29th session in Geneva from 15th June to 3rd July. A number of thematic panel discussions are organised around issues affecting children’s rights.

‘Protection of the family’

A draft resolution ‘protection of the family’ which originated in 2014 to mark the 20th anniversary of the International year of the family, is back on the agenda of the Human Rights Council. While it appears uncontroversial, the resolution is an attempt by some States to restrict the definition of the family and limit the rights of individuals within the family, in particular women and children. From a child rights perspective, concerns include:

  • The resolution undermines the potential negative impact the family unit can have on an individual, failing to give due consideration to abuses that occur within the family setting, such as child abuse.

  • It institutionalises gender inequality, such as through property or inheritance legislation and incorrectly focusses on the family unit as holder of rights. The family unit cannot be a holder of rights, it is the individuals that are holders of rights, and it is the individuals that may face or commit serious abuses within the family which the State has a responsibility to address.

  • The resolution fails to address the diverse reality of the family unit and focuses on a heterosexual conception of the family structure, ignoring the diversity of family structures. Recognition of the diversity of families is important to help design targeted and tailored policies and measures that address the needs of all families and individuals. This failure to adopt a more nuanced understanding of the family structure ignores approved UN language around the issue which requires that all relevant UN instruments on human rights consider the different cultural, political and social systems of family life.

  • Lastly, the resolution has been undermined by a number of procedural concerns. Little time was provided for states to make amendments to the draft text and it contained no referencing or citations highlighting where the language of the resolution originated. This has made it difficult to ascertain whether approved UN language has been used, and if it has been used, whether it has been taken out of context.

You can find out further information about this resolution through the International Service for Human Rights who have extensively covered this issue.

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