INSTITUTION OF FAMILY IN THE INTERNATIONAL BILL OF HUMAN RIGHTS: ITS UNDERSTANDING AND USE
release_zmneseqxx5fq5ctizclkoej6fu
by
Aslan Abashidze,
Peoples' Friendship University of Russia (RUDN University), Moscow, Russian Federation
Abstract
The purpose of the research. The article examines the main international legal acts of the universal level that form the International Bill of Human Rights (UDHR, ICCPR and ICESCR), which contain articles that enshrine the right of men and women to marry and found a family. The article contains the comprehensive study of views of the relevant treaty bodies (Committees), established on the basis of two International Covenants, on the understanding of the institution of family in a human rights context, which were set out by the HRC and CESCR in their general comments and concluding observations on the periodic reports of the States parties. Results. The article provides an almost exhaustive list of those aspects that are raised by the views of the HRC and the CESCR in relation to the relevant provisions of the ICCPR and ICESCR on the family, which they understand as the union of a man and a woman on the basis of marriage. Thus, the author tries to achieve the main purpose of the research: a family as a natural social basis of society and as a legal institution widely used in the international human rights law has nothing to do with LGBT+ issues.
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Date 2021-08-28
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