Right to Family Life

A primary guiding text on the right to family life is the International Covenant on Economic, Social and Cultural Rights which provides in article 10:

The States Parties to the present Covenant recognize that:

1. 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.

2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period, working mothers should be accorded paid leave or leave with adequate social security benefits.

3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

The United Nations Human Rights Committee has clarified in its General Comment Number 28 that, “in giving full effect to the recognition of family in the context of (International Covenant on Civil and Political Rights) article 23, it is important to accept the concept of the various forms of family, including unmarried couples and their children and single parents and their children, and to ensure the equal treatment of women in these contexts ... “

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rightsbear non-derogable core obligations with respect to the right to family life. States are obligated to ensure:

• the right of men and women of marriageable age to marry;
• free and full consent of intending spouses;
• right to found a family as a result of the marriage;
• right of family to protection of society and state;
• equal rights of both spouses;
• protection of children of a marriage in the event of its dissolution; and
• participation in cultural life (See Module 17 of Circle of Rights on “Cultural Rights”).

One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to family life is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights.

Right to Family Life Dossier

• Article 10 of the International Covenant on Economic, Social and Cultural Rights
• Article 23 of the International Covenant on Civil and Political Rights
• Article 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms , and 7 (5) of its Protocol
• Article 17 of the American Convention on Human Rights
• Article15 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights; “Protocol of San Salvador”
• Articles 18(1), 18(2), 27(1), 29(1) of the African Charter on Human and Peoples’ Rights
• Articles 16, 11(2), 11(1)f of Convention on the Elimination of All Forms of Discrimination Against Women
Convention on Consent to Marriage, Minimum Age for Marriage and Registration of MarriagesArticle11(c) of the Convention Concerning Forced Labour
• Article16 of the Universal Declaration of Human Rights
• Article 5 of the Cairo Declaration on Human Rights in Islam
• 5(2) of the Declaration on the Basic Duties of Association of Southeast Asian Nations (ASEAN) Peoples’ and Governments
• Articles I(1-17), II (16-17) of the European Social Charter
• Article 4 of the Declaration on Social Progress and Development
• III (1)(a)(b)(c) of the Conference on Security and Cooperation in Europe

Potential Right to Family Life Violations

Some potential right to family life violations include:

• Marriage restrictions based on health;
• Forced sterilizations; and
• Child labor

Key Right to Family Life Developments and Sample Best Practices

The following case summary illustrates how human rights defenders have used the ESC rights approach to promote and protect the right to family life:

• African Commission on Human and Peoples’ Rights Decision on Communication 155/96 The Social and Economic Rights Action Center and the Center for Economic and Social Rights / Nigeria Case Summary
• Sandra Lovelace v. Canada