A/HRC/28/40
families, and the provision of protection for children, persons with disabilities and older
persons as members of the family. She noted the importance of accepting the diverse forms
and functions of families among and within countries, including married couples with or
without children; cohabiting couples and their children; single parents and their children;
families headed by grandparents or including grandparents; older children caring for
siblings and other children; registered partnerships with or without children; and same-sex
parents and their children.
6.
Ms. Connors observed that, despite international legal obligations, women continued
to experience discrimination within the family, largely because of stereotypical gender roles
that envisaged women as caregivers and men as breadwinners. Consequently, women were
often denied equal rights in respect of issues related to marriage, divorce and distribution of
marital property, inheritance, custody and adoption. Other serious human rights concerns
affecting women, children, the elderly and persons with disabilities included violence
within families that often went unreported or was accepted and remained unpunished.
7.
She stressed that the family was the very first unit in which the idea that every
individual was entitled to human rights should be fostered and promoted, and accordingly
States were required to provide it with the widest possible protection and assistance.
Ms. Connors recognized that protection was linked to rights, such as the rights to work, an
adequate standard of living, social security, health, education and cultural rights. As such,
one key issue was the burden of unpaid and undervalued care responsibilities within the
family. Predominantly undertaken by women, those responsibilities could hamper women’s
ability to participate in education and work on an equal basis with men. Consequently,
women were economically and socially disadvantaged in both the family and the wider
community, and, together with their family, were at heightened risk of poverty.
8.
Of particular concern was the situation of single-parent families, usually headed by
women. Ms. Connors noted that such women carried a double burden of care
responsibilities and were frequently employed in precarious jobs without adequate social
security coverage.
B.
Presentations of the panellists
9.
Aslan Abashidze outlined the relevant international standards, including article 16,
paragraph 3, of the Universal Declaration of Human Rights, which stipulated that “the
family is the natural and fundamental group unit of society and is entitled to protection by
society and the State”, and article 10, paragraph 1, of the International Covenant on
Economic, Social and Cultural Rights, which provided 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. Marriage must be entered into with the free
consent of the intending spouses”. He highlighted the fact that article 10 specified that the
protection of families included providing assistance to families, and special care to mothers
and children, without any discrimination for reasons of parentage or other conditions.
10.
Mr. Abashidze also highlighted States parties’ obligations under article 2, paragraph
1, of the International Covenant on Economic, Social and Cultural Rights, including the
need to take steps to progressively achieve economic and social rights. That should include
preventing retrogressive measures that could negatively affect the family, such as
cancelling child benefits. He further highlighted the fact that States must protect individual
family members from violence and forced separation, and ensure that social assistance was
available to families, including affordable housing and where necessary, special measures
for mothers and infants.
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