HRC26: Suggested Amendments to resolution on Protection of the Family

Please note that three primary amendments are provided, which can be effectively combined.

1. Changing Focus to the Protection of Human Rights: Amendment to Title and OP1

In title, a few suitable proposals have been made by Member States during informal consultations:
a) Protection of [INSERT: Human Rights in] the Family
b) [DELETE: Protection of] The Family and [INSERT: Human Rights]
c) [INSERT: Support for all families; DELETE: Protection of the Family]
d) Protection of [INSERT: human rights in] the family [INSERT: and of its members]

The selected change to the title should be reflected in OP1, for example, corresponding to title option (a):
OP 1. Decides to convene at its Twenty-Seventh session, a panel discussion on the protection of [INSERT:
human rights in] the family to address the implementation of States' obligations under relevant provisions of
international human rights law, and discuss challenges and best practices in this regard;

Rationale:
The focus on protection of the family in the resolution is not consistent with the Councils mandate which is to promote and protect human rights.
International human rights law is primarily about the entitlements and freedoms of individuals; the family in and of itself is not a subject of human
rights protection. Within the resolution, there is no recognition of the need to protect and promote the human rights of individuals within family
contexts. It is the individuals who have human rights entitlements, which can be violated within the family context. For example, it is well known
that families are often a site of violence, especially towards women, children and older persons. According to the UN Secretary General, domestic
violence is the most pervasive form of violence against women. Hence, the focus of this resolution must be the protection of the human rights of
members of families.

2. Recognizing Various Forms of Family: Amendment either adding a phrase on various
forms as PP6 bis or to the end of OP1

[INSERT: PP6 bis. Bearing in mind that in different cultural, political and social systems various form of the
family exist;]
OR

OP 1. Decides to convene at its Twenty-Seventh session, a panel discussion on the protection of [INSERT: human rights
in] the family to address the implementation of States' obligations under relevant provisions of international human rights
law, and discuss challenges and best practices in this regard [INSERT:, bearing in mind that in different cultural,
political and social systems various form of the family exist];

Rationale:
It is problematic that this resolution does not acknowledge that various forms of the family exist in all contexts. This includes child-headed families,
families headed by AIDS orphans or their grandparents, single-parent families, polygamous families, joint families, extended families,
intergenerational families, among others. This must be taken into account for any discussion on the family to be comprehensive, as well as for laws
and policies to effectively respect, protect and fulfill human rights of members of families. This has been recognized repeatedly in UN resolutions
and international agreements, including:
GA resolution 59/147 (Celebration of the tenth anniversary of the International Year of the Family and beyond, 25 January 2005), PP2 -
Recalling also that relevant United Nations instruments on human rights as well as relevant global plans and programmes of action call for
the widest possible protection and assistance to be accorded to the family, bearing in mind that in different cultural, political and social
systems various forms of the family exist;
HRC/RES/7/29 (Rights of the Child) PP10
ICPD POA para 5.1
UNGASS on children (2002) para 15

3. [Delete: OP4. Decides to remain seized of the matter.]
Rationale
This resolution has been brought to the Council as part of a one-off commemoration of the 20 year anniversary of the International Year of the
Family, and therefore does not require the regular or systematic attention of the Council. Further, in omitting reference to the human rights violations
that occur within the family, and the protections required to address them, the resolution as it currently stands does not keep with the mandate of the
Council, which is to promote and protect human rights and address violations. As a result, the purpose of this resolution is not clear, nor the role the
Council and its mechanisms can play on the subject.