A/HRC/31/37
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
59
Copies of all submissions can be found at www.ohchr.org/EN/HRBodies/HRC/Pages/
ProtectionFamily.aspx.
See submissions from Colombia, Mexico and the United States of America.
15
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