Family and Marriage

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The area of marriage and family is broad and can engage a variety of rights and therefore be relevant to the work of different departments. The rights cover periods prior to and during marriage and also dissolution.

The right to marry and found a family and the right to private and family life are the principal rights engaged, but other aspects of life are closely related. For instance:

  • Essential
  • Family planning

  • Women’s reproductive rights

  • Parental rights

  • Rights of children

  • Circumstantial
  • Property rights

  • Rights related to nationality

  • The right to work

The right to equality and non-discrimination is central in that gender differences must be considered when developing laws and policies. 

 

Domestic Violence 

Laws and policies are required to provide adequate support and protection to victims of domestic violence.

 


Rights Engaged

Right to marry and found a family
  • ECHR/HRA, Art 12
  • ICCPR, Art 23
  • UNCEDAW, Art 16
  • UNCRPD, Art 23(1)(a)

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Right to private and family life
  • ECHR/HRA, Art 8
  • ICCPR, Art 17
  • UNCRPD, Arts 22, 23, 31
  • UNCRC, Art 16

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Right to equality and non-discrimination
  • ECHR/HRA, Art 14
  • ICCPR, Arts 2, 3, 26
  • ICESCR, Art 2
  • ICERD    
  • UNCEDAW
  • UNCRPD             
  • UNCRC 

Learn more about this right

Maternal and reproductive rights
  • ICESCR, Art 12(2)(a)
  • UNCEDAW, Arts 11, 12
  • UNCRPD, Art 23(1)(b)
Parental rights
  • UNCRPD, Art 23(2)
  • UNCRC, Arts 5, 9
  • UNCEDAW, Art 16
Family reunification
  • UNCRC, Art 10
Adoption
  • UNCRC, Arts 20, 21
Nationality
  • UNCEDAW, Art 9
  • UNCRC, Arts 7, 8
Right to protection of property
  • ECHR/HRA, Prot 1 Art 1