Submitted by ssaliba on
During the 29th session of the Human Rights Council last year, a controversial resolution on the ‘protection of the family’ was adopted by the Human Rights Council, despite considerable discussion and opposition by States and civil society organisations. The Council also requested the 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.
Proposed by Egypt, the resolution seeks to divert the Council’s institutional mandate, focused on the effective promotion and protection of the human rights of the individual, towards protecting the purported rights of a social institution, namely, “the family”. It puts the focus on the protection of the family rather than on the protection of individuals within a family and the primary responsibility of States to protect these individuals.
During the 31st session of the Council, the High Commissioner for Human Rights presented his report on the Protection of the family, recalling the lack “definition of the family under international human rights law” and 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 any other family member, without distinctions. Moreover, ensuring universal access to sexual and reproductive health services, including family planning, should be an integral part of development efforts.”
The report notes that “international standards set forth at least two minimum conditions for the recognition and protection of families at the national level: first, the 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”, adding that “the Committee on Economic, Social and Cultural Rights has called upon States to provide legal recognition of same-sex couples.”
Regarding children’s rights, the report highlights that “Children should be recognized as rights holders.” “International human rights law protects children from being discriminated against within the family on the basis of gender, disability, family status or any grounds.” The reports adds that “According to the Committee on the Rights of the Child, [the] prohibition [of violence] encompasses the corporal punishment of children, as well as any other cruel or degrading forms of punishment within the family.”
In a joint statement, child rights organisations noted that it “is critical that the foundation for all debates and decisions in this Council be the respect for the individual rights of children in all forms of families or other caring environments”.