Породична права као људска права
Family Rights as Human Rights

Summary/Abstract: Family rights have been recognized as human rights in the International Covenant on Civil and the Political Rights and the International Covenant on Economic, Social and Cultural Rights. Individual and social aspects of the family have been separated, and protection is fragmented. The family has been recognized just in words as the basic cell of society, with its aspect of community being overlooked. Excessive individualization of rights has had the effect of disintegration of the family and contributed to its crisis. Incomplete families have become so numerous that it assumed the nature of social pathology. The traditional pattern of protection under family law still remains as a standard, but with no support in real social relationships. Different forms of common life are being mechanically subsumed under the existing pattern, thus bringing the basic notions in question. The family is an anthropological category, but this protective aspect of it has not been sufficiently recognized. Family rights have been either reduced to social functions, or the individual will of family members has been over-stressed. The aspect of community and the responsibility for individual decisions have been ignored. Some important aspects of the attitude towards others, values of common life, and responsibility for posterity have not been recognized as rights and do not enjoy adequate legal protection. Some universal values of community should be recognized as rights, including the right to the identity of family, right to integrity, right to home, right to maintain family relationships, right to found a family, right to family life. It requires a different interpretation of rights in the case of conflict of internal laws, as well as the recognition of special rights, unless we wish the human aspects of human rights to remain abstract, and legal standards just phrases in books.

• Details
• Contents