A/HRC/28/40
11.
Hiranthi Wijemanne focused her intervention on the Convention on the Rights of the
Child, noting that the protection of the family was of direct and particular importance to
children’s rights. The preamble of that Convention stated that the family was the
fundamental group of society and the natural environment for the growth and well-being of
its members and, as such, should be afforded the necessary protection and assistance. It did
not refer to a single form of family, instead referencing a variety of different forms. The
Convention clearly recognized children as rights-holders, which entailed the right of
children not to be discriminated against on any grounds, including the type of family in
which they grew up; the right to be heard; and the right to preserve their identity, including
nationality, name and family relations as recognized by law without unlawful interference.
12.
Ms. Wijemanne highlighted the fact that, while families could help promote and
protect children’s rights, many faced significant hurdles, including economic crises, job
loss, temporary employment, lack of regular income and deprivation of basic services.
Owing to poverty and other factors, some children were separated from their parents. In
that regard, she highlighted the obligations of States to provide families with protection and
support to prevent separation.
13.
She drew attention to the fact that families could be dangerous places for children,
who could experience and/or witness physical and sexual violence, and harmful traditional
practices such as child, early and/or forced marriage, so-called honour killings and female
genital mutilation. In that context, she underscored the fact that article 19, paragraph 1, of
the Convention on the Rights of the Child obliged States parties to take all appropriate
measures to protect children from all forms of physical or mental violence, injury or abuse,
including sexual abuse, neglect or negligent treatment.
14.
Karen Bogenschneider described her work organizing family impact seminars,
including presentations, briefing papers and discussion sessions that communicated familyfocused, research-based information to policymakers on timely topics, including child and
elder care, parenting, poverty and youth crime. In particular, the seminars encouraged
policymakers to build consensus by focusing on the family’s well-being by asking
questions such as: What might the impact of that policy be on families? Would the policy
be more effective if families were involved? How does the policy affect individuals’
responsibilities towards other family members? How might it impact family stability? She
concluded by suggesting three questions, based on her experiences, for the Human Rights
Council to consider. First, could the Council emphasize those issues on which agreement
and consensus were most likely to be reached? Secondly, if so, would that bring more
countries to the table, and would there then be more potential for strengthening familycentred policies? Third, could the Council involve researchers to help identify which
research-based family policies and programmes existed and the impact they might have on
family well-being?
15.
In her presentation, Rosa Inés Floriano Carrera emphasized the importance of taking
care of the family unit in conflict and post-conflict situations, since it was usually the
family that was most affected by forced migration, disappearances, forced recruitment by
armed groups and, in some cases, by members of the same family fighting on different
sides. Unless the response took into consideration that complexity, it might do more harm
than good, and could bring about further family disintegration. She highlighted the need for
both aggregate and disaggregated approaches that recognized individual needs, and
suggested that the responses should focus on protecting the family and family links, and on
creating a secure base environment.
16.
Zitha Mokomane outlined some of the challenges families currently faced, and ways
to help protect families. The challenges included poverty, the changing structures of
families owing to migration, instability and/or dissolution, the breakdown of traditional
family structures and non-marital childbearing, and family unfriendly workplace conditions
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