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The Convention on the Rights of the Family - international guarantee in defence of families

Published: 01.10.2018

Ordo Iuris

The Convention on the Rights of the Family is an opportunity to treat families fairly and with dignity and to stop harmful ideologies. Lawyers of the Ordo Iuris Institute have prepared the world's first draft international agreement guaranteeing the fundamental rights and freedoms of the most discriminated social group - the family. The solutions adopted in the Convention are a response to contemporary problems and threats faced by many families for many years.

DRAFT TEXT OF THE CONVENTION ON THE RIGHTS OF THE FAMILY (DOWNLOAD HERE)

WHY DO WE NEED THE CONVENTION ON THE RIGHTS OF THE FAMILY? (DOWNLOAD HERE)

Commentary to the draft Convention of the Rights of the Family, prof. David Forte, Ph.D. (DOWNLOAD HERE)

Official statement of the Polish Ministry of Foreign Affairs regarding the draft Convention - translation (DOWNLOAD HERE)

What is the Convention on the Rights of the Family?

The Convention on the Rights of the Family codifies the fundamental values underpinning all civilised societies, only some of which are currently protected by international law and national constitutions. These values include the protection of human life from conception to natural death, the recognition of family as the best environment for child's development, and the protection of the identity of marriage. Unfortunately, although many of these values are expressed in acts of international law, they often remain empty declarations. It is therefore necessary to adopt a new global agreement that will raise current standards and provide real guarantees for families that their rights will be protected.

 ‘The aim of the Convention is to create a legal guarantee of the identity and autonomy of the family, which have been increasingly undermined in recent years, including by international institutions with no mandate to do so. The family can no longer, contrary to facts, be shown as a source of pathology and violence. In order to prevent this, we need a coalition of states based on a treaty that clearly protects family and marriage,’ comments Dr. Tymoteusz Zych from the Board of the Ordo Iuris Institute.

What can we find in the Convention on the Rights of the Family?

It defines the notions of marriage, family, gender, child's welfare and violence. The Convention also regulates the general principles of family protection. It also guarantees the most important rights of spouses, parents and children. It protects the family from excessive state interference. In addition, the Convention lays down rules to combat all forms of violence, including domestic violence.

Importantly, the document provides for the establishment of an International Committee on the Rights of the Family, an institution whose task will be to monitor the activities of States Parties with regard to their implementation of the Convention.

‘The document is to be an alternative to the Istanbul Convention, often confusingly called the "anti-violence convention". This act, under the guise of combating domestic violence, weakens the family, shown in it as a source of pathology. In fact, it is a strong family that most effectively protects all its members against violence,’ says Karina Walinowicz, an expert of the Ordo Iuris Institute.

Draft Convention has so far been presented during:

- Press conference at the seat of the Polish Press Agency in Warsaw,

- Conference in the European Parliament in Brussels,

- Human Dimension Implementation Meeting in Warsaw,

- Agenda Summit in Vienna.

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