Promoting and protecting rights for children | Convention on the Rights of the Child | UNICEF
PDF | A relatively overlooked aspect of trends according relationship rights to Rights and Responsibilities Act in Comparative Civil Rights and Family Law family approaches run directly counter to normative approaches to law such as the. Families have the primary responsibility for raising children, but governments Governments are obliged to recognize the full spectrum of human rights for all. And, how do the putative rights of children stand in relation to the rights The second question broaches the issues of parental rights and responsibilities. .. attention to the quality and nature of the relationships within a family. One way is by the recognition—in law or custom or shared morality—of rights.
The publication was intended for informing same-sex partners and LGBT parents and contains information about life partnership, same-sex couples rights and the possibilities of planning LGBTIQ parenting in Croatia, as well as parenting stories written based on the experience of actual Croatian LGBT parents.
It provides insight into the types and characteristics of family communities, the quality of parenting, family climate and quality of relationships, a psychosocial adaptation of children, as well as experiences of stigmatization and discrimination and support in the contemporary Croatian society. Dugine obitelji gathers LGBT couples and individuals who have or want to have children.
It was formally registered with the Ministry of Public Administration in The picture book depicts thumbnails from the lives of two children girl Ana, who has two dads, and boy Roko, who has two mothers. The aim of the picture book was to strengthen the social integration of children with same-sex parents and to promote tolerance and respect for diversity. It's intended for children of preschool age.
The first edition of copies was printed with the financial support of the French Embassy to Croatia and distributed for free to interested citizens and organizations. Since the entire first edition was distributed almost immediately, the organization started a crowdfunding campaign with an intention to collect funds for publishing new free hardback copies in both Croatian and English, as well as copies of a new coloring book.
Recognition of same-sex unions in Croatia Same-sex relationships have legally been recognized sincewhen the Same-sex community law was passed.
The law granted same-sex partners who have been cohabiting for at least 3 years similar rights to those enjoyed by unmarried cohabiting opposite-sex partners in terms of inheritance and financial support.
Convention on the Rights of the Child
However, the right to adopt was not included, nor any other rights included under family law — instead separate legislation has been created to deal with this point. In addition it was not permitted to formally register these same-sex relationships, nor to claim additional rights in terms of tax, joint property, health insurance, pensions etc.
Furthermore, an informal life partnership is formed if two partners are in a continuous relationship for three or more years. This type of interpersonal relationship grants the same rights a domestic partnership provides to unmarried heterosexual couples. However, a life partner may become a partner-guardian over their life partner's child. A single person regardless of sexual orientation is allowed to adopt. Zakon o medicinski pomognutoj oplodnji limits access to IVF to married heterosexual couples and single women whose infertility has been unsuccessfully treated,  which effectively excludes same-sex couples.
Contrariwise, Article 68 of the Life Partnership Act grants life partners the same rights and obligations married heterosexual couples have concerning health insurance and healthcare, and prohibits "adverse treatment of life partnerships" in the same areas. As part of a "life partnership", the parent or parents of a child can temporarily entrust their life partner who is not a biological parent with parental rights.
If those rights last beyond 30 days, then the decision must be certified by a notary.
The family and humans rights
In case of a dissolution of a life partnership, the partner who is not the biological parent can maintain a personal relationship with the child provided the court decides it is in the child's best interest.
Such a relationship between the non-parent life partner and the child may be continued if the parent-partner dies under the condition that the other parent has also diedis considered unknown, or has lost their parental responsibilities due to child abuse.
However, the non-parent life partner can also ask for the establishment of partner-guardianship while the parent-partner is alive under the condition that the other parent is considered unknown or has lost parental responsibilities due to child abuse. Partner-guardianship is a permanent next-of-kin relationship with all the rights, responsibilities, and legal standing as that of a parent and a child.
Up until June the change of gender always had to be stated on an individual's birth certificate. However, on 29 May it was announced that the government would take extra steps to protect transsexual and transgender people. Under the new rules, the undertaking of sex reassignment surgery no longer has to be stated on an individual's birth certificate, thus ensuring that such information remains private.
This is also the case for people who have not formally undergone sex reassignment surgery, but have nevertheless undertaken hormone replacement therapy. The change in the law was proposed by the Kukuriku coalition while they were in opposition inbut was categorically rejected by the ruling right-wing HDZ at the time. The Declaration gathers up the fruits of humanity's historical heritage. Moreover, the Christian understanding of man makes it possible to arrive at a deeper foundation of this reality by making it known that man is the only being who has worth in himself and not only by reason of the species.
Furthermore, man has been created in the image and likeness of God Gn 1: The human creature is wanted and loved by God as an end in itself. The Universal Declaration begins by affirming that it recognizes the innate dignity of all the members of the human family as well as the equality and inalienability of their rights.
Therefore, this is a reflection of the substantial and spiritual reality of the human person and not a creation of the human will, a concession by public authorities, or a product of cultures or historical circumstances. In the Declaration, the dignity of the human being is put in relation to the reason and conscience with which the human being is endowed 24 and thus to his free will.
The Encyclical Pacem in Terris also expressly emphasizes this. On the other hand, the Declaration affirms and recognizes the full equality of every person 26 and hence prohibits all forms of discrimination or limitations of one's rights on the basis of "race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status".
LGBT rights in Croatia - Wikipedia
Every Human Being Every human being possesses this dignity, as affirmed by the Declaration in which almost every article begins with expressions such as "every human being", "every member of the human species", "every human individual without any distinction", etc.
The enumeration of the rights and duties which the Declaration includes thus offers both juridical and ethical guidelines that make it possible to focus on many human situations, both those which existed at the time the Declaration was written, and those brought about by the subsequent social changes and innovations introduced through the development of technology, the economy, and political institutions within States.
Everything that is stated about the dignity, rights and duties of the human being holds equally for men and for women. The common dignity of men and women and their reciprocity is the authentic basis for affirming their complete dignity. Reciprocity implies in fact that there is neither a static and undifferentiated equality between men and women, nor an inexorable and irreconcilable conflictual distinction.
Work and the Family As both a right and a duty,29 work expresses and fulfills the dignity of human beings. It demonstrates their ability to dominate the world around them; it contributes to the development of their personality,30 and makes the growth of civilization possible. The whole of society and the organizations and policies of the States must generate conditions that will lead to making it possible for everyone to work. We cannot forget that "work constitutes a foundation for the formation of family life, which is a natural right and something that man is called to.
These two spheres of values—one linked to work and the other consequent on the family nature of human life—must be properly united and must properly permeate each other. In a way, work is a condition for making it possible to found a family, since the family requires the means of subsistence which man normally gains through work". The specific contribution that a father and a mother offer through their work to society should be recognized. What a mother contributes to the family and through it to society deserves greater attention; moreover, this has attracted the attention of some of the most distinguished thinkers of our times.
This specifically maternal contribution can be seen more obviously in the area of up-bringing, health, education, religious formation and all the activities that affect the well being of the family and its members.
John Paul II has stressed the importance of this contribution many times. Concretely, in a family, a man and a woman complement one another's work and cooperate with one another for the full realization of their conjugal life and the upbringing and well being of their children. Keeping in mind that motherhood—together with fatherhood—is part of the most excellent gift from the Creator to humankind, namely, the transmission of life, the organization of society and the laws of the States should make it possible for the structure and the remuneration of work to aid women in fulfilling their vocation as mothers, and in the gestation and up-bringing of their children.
The Key to the Other Rights The affirmation of the dignity of every human being has as its immediate and fundamental consequence the fundamental right to life which is recognized in article 3 of the Declaration: Human beings have this right from the very moment their existence begins, i.
From the first instant of his conception, man received his personal reality from God. The person has a dignity in his being that is innate: It does not matter what manifestations man may have during the course of his evolution; from the moment of his conception, he is always a person whose dignity must be recognized in every circumstance of his existential process.
First of all, man has the right to life, the fundamental key to all the other rights as an inviolable right that is guaranteed and protected in every situation, not only by State laws and policies, but also through a real culture of life, "for no offense against the right to life, against the dignity of any single person, is ever unimportant".
A distinction must be made between a fundamental right and its value and nobility. There are other rights that take on a greater height and nobility to the point that it is right and licit to give or risk one's life for them. Protection Before and After Birth Article 3 of the Declaration states that "Everyone has the right to life".
This principle was developed by the Declaration on the Rights of the Child, adopted by the United Nations General Assembly on November 20,whereby "a child, because of its lack of physical and mental maturity, requires special protection and care, including due legal protection both before and after birth". This same statement was later incorporated into the "Preamble" of the Convention on the Rights of the Child, approved by the United Nations General Assembly on November 20, This should be considered a fundamental principle of the system of international protection of human rights ius cogens 36 since it is undoubtedly incorporated into the common conscience of the subjects of the international community.
International Law thereby affirms a principle of the Roman-canonical juridical tradition whereby the unborn human individual exists as a person.
The rights of the unborn and their personality were already formulated by Ulpian, Justinian, Gratian and other teachers of law since ancient times. Judaic, Christian and Moslem thought converge along these lines. On the other hand, any legislative attempt that presumes to encourage the "right" to abortion or other forms of negating unborn life clashes with what has matured in international legislation.
Such legislation is called upon to coherently "guarantee to the unborn the right to come into the world, in the same way to protect the newly born, especially girls, from the crime of infanticide; The Rights of the Unborn Child In coherence with these guidelines of juridical thought reaffirmed by the international community and its juridical system, we state that: From the first moment of his existence through the fertilization of the ovule, a human being is endowed with his own innate, special dignity and enjoys the rights that correspond to him according to the stage of his development; 38 From the beginning of his prenatal life, a human being is an individual who has the right to life and personal safety; From the beginning of his life, a human being has the right to recognition of his juridical personality, with all the consequences derived from such recognition; The unborn person is a "child" in the sense of, and with the attributes set down in the Convention on the Rights of the Child; The unborn child has a right to legislation that guarantees its survival and development to the greatest degree possible; 39 The concrete population planning policies or measures that include or imply threats to the survival or health of the unborn child should be considered contrary to the right to life and human dignity; The unborn child has a right to legislation that protects it from any experimentation on its person, or from being subjected to medical procedures that do not have the protection or improvement of its health as their direct object; moreover, the cloning of humans must be prohibited, as well as any other procedure that threatens the dignity of the unborn child: The family is the primary institution for the protection of children's rights.
For this reason, the child's interest requires its conception to take place in marriage and through the specifically human act of conjugal union. The bond between the mother and the conceived child, and the irreplaceable function of the father make it necessary for the unborn child to be welcomed into a family which assures, as far as possible and in accordance with natural law, the presence of its mother and its father.
The father and the mother, as a couple, with the characteristics proper to them, procreate and raise the child. The child thus has the right to be welcomed, loved and recognized in a family. In this sense, the Convention on the Rights of the Child represents a very significant step forward which must be applied.
The unborn child has a right to be identified by its parents' name, to its heritage, and thus entitled to protection of its identity. The unborn child has a right to a standard of life sufficient for its full psycho-physical, spiritual, moral and social development, even in the event that its parents' marriage bond is broken.
Parents have the primary responsibility of raising and educating their children in order to ensure their integral development and an adequate level of social, spiritual, moral, physical and mental well being in order to achieve this. For this purpose, both the laws and the services of the State are called on to cooperate in giving the family adequate support.
In conformity with the principle of subsidiarity, only when the family is not in a position to protect the interests of the unborn child to a sufficient degree shall the State have the duty to provide special measures for its protection, in particular: Similarly, the State can only intervene in family life when the dignity of the child and its fundamental rights are seriously endangered, taking solely into consideration "the child's higher interest", without any form of discrimination.
By reason of their particular condition and the abuses to which they are exposed, girls and young women require special provisions for their protection. Like all handicapped persons, handicapped children are all the more entitled to the protection and assistance required by their condition. Therefore, the State should help the family to accept the handicapped, favor their integration into society, and to let them benefit from the special provisions for their condition so that they can fully enjoy all their fundamental rights.
The task of deepening the meaning of the right to adoption is very topical, while always keeping in mind that "the best interests of the child shall be the paramount consideration",47 without mixing this with other kinds of consideration, as noble as they may seem.
In the light of this higher interest, the categorical rejection must be confirmed of the alleged right to adoption by "de facto unions", and especially by same sex unions.
In such cases, the child's integral formation would be seriously jeopardized. Participation and Freedom The Universal Declaration of Human Rights exhorts all human beings to act towards one another in a spirit of brotherhood. As fully entitled members of the human family, every man and every woman has the right and responsibility to participate in social, political and cultural life locally, nationally and internationally.
The human person participates in the human family by his very nature. Our humanity is shared and the fact that we are persons binds us to the rest of the human community in an immediate and irrevocable way.
By virtue of the bonds of solidarity and brotherhood, we can speak about a human family, the family of peoples. For participation to achieve its full meaning, it must be consciously practiced and chosen. The social virtue of solidarity is the will to participate in the search for social justice. It should not be forgotten that "the exercise of solidarity within each society is valid when its members recognize one another as persons".
This implies that "those who are more influential, because they have a greater share of goods and common services, should feel responsible for the weaker and be ready to share with them all they possess.
Those who are weaker, for their part, in the same spirit of solidarity, should not adopt a purely passive attitude or one that is destructive of the social fabric, but, while claiming their legitimate rights, should do what they can for the good of all". Solidarity creates a context in which mutual service is favored. Solidarity creates the social conditions for the respect and support of human rights.
The ability to recognize and accept the whole range of rights and corresponding obligations that are based on our social nature can only be exercised in an atmosphere enlivened by solidarity.
This also holds in the light of the growing interdependence which "must be transformed into solidarity, based upon the principle that the goods of creation are meant for all". Commitment to the Weakest Our solidarity with the whole human family implies a special commitment to the most vulnerable and marginalized. They should be a privileged category for the love and care of others.
The natural unity of the human family cannot be fully achieved when peoples are suffering from poverty, discrimination, oppression and social alienation that lead to isolation and detachment from the community at large.
However, our commitment in love must be voluntary if it is to be virtuous. In a special way, solidarity urges us to seek relations that tend toward equality on the local, national and international levels. All the members of the human community should be incorporated in the fullest way possible into the circuits of productive and creative relations.
The peoples of the Third World in particular have suffered the onslaughts of the enemies of life and thus deserve our special attention. Diseases such as AIDS, malaria, etc. These ills impede the peoples' full development and productivity and keep them from joining the rest of the human family on an equal footing. Frequently, production and economic growth in production take place leaving these peoples aside.
Solidarity requires the international community to continue working to achieve global strategies that lead to combating disease and hunger and to promoting authentic human development. The normative dimension of solidarity requires us to make an effort to set up relations with the developing countries that aim at equality.
In this process, however, those who enjoy the privileges of overabundance have a corresponding obligation: However, it is necessary to proceed with caution so that interventions in foreign countries will be respectful of the integrity of local cultures and economies. Too often, in the name of solidarity, foreign aid goes to corrupt governments and does not reach those who need it most.
Moreover, many forms of intervention create local distortions that give rise to dependence rather than equal conditions by destroying the means for self-sufficiency. The aid programs in the name of solidarity should be designed in such a way as to integrate solid economic, cultural and political principles into the logic of solidarity. In this way, solidarity will make a significant unity of peoples possible in the context of human diversity.
Solidarity Between Men and Women As the first natural community, the family is the exemplary place for solidarity. In the family human beings gradually become aware of their dignity, acquire a sense of responsibility, and learn to give attention to others. In the family, solidarity develops beyond the spouses' love relation and extends to the relations between parents and children, siblings, and inter-generational relations.
The true communion of solidarity incorporates and is built on the reciprocity of the genders.
Men and women share the benefits and burdens of solidarity equally. In order to manifest that human beings are the image of the trinitary God, they must unfold their existence according to two complementary modes: Human existence is thus sharing in the existence of a God who is a communion of love.
Equal dignity does not mean undifferentiated uniformity. Having been called by the Creator to live in relations of communion, reciprocity and solidarity, men and women contribute in an original way to the family and to society. A true "culture of equality" is one which accepts and respects the original contributions of both men and women. As persons, men and women share fundamental common dimensions and values.
In each of them, however, the values are different in strength, interest and emphasis, and such diversity becomes a source of enrichment. Therefore, solidarity is fully achieved when women and men cooperate with one another in reciprocal and complementary relations. Civil Society, Political Society The Church recognizes and supports the State's indispensable duty to defend and promote human rights. Political institutions have the natural responsibility to provide a fair juridical framework so that all the social communities can cooperate in achieving the common good.
The principle of subsidiarity itself is a principle of the common good. This common good has to be considered on the broadest level as being universal. Therefore, human rights—and especially the rights of the family—can only develop by acting in conformity with solidarity. The Universal Declaration not only explicitly recognizes the distinction between the society and the State, but it also gives value to the contribution to the common good by many communities that make up what Tocqueville called "civil society" in contrast with "political society".
It is for this reason that the exercise of power should be strictly controlled by constitutional rules. The State cannot intervene in the areas where the initiative of individuals, communities and undertakings is sufficient. This distinction confirms the well-grounded principle of subsidiarity. Whereas political society has constant recourse to power, its agents and rules, civil society makes use of affinities, voluntary alliances and natural forms of solidarity.
This distinction thus clarifies the rich reality of the family: Moreover, since it is founded on marriage, it presents a cohesion that is not necessarily found in the intermediate bodies. During the last decades, a negative impact has been produced because the family has suffered the same attacks which the State has made on other intermediate bodies by suppressing them and trying to govern them in its own image. When the State claims the power to regulate family bonds and emits laws that do not respect this natural community, which is prior to the State,54 it is feared that the State may make use of families in its own interests, and instead of protecting them and defending their rights, it will weaken or destroy them in order to dominate peoples.
The Universal Declaration warns about these deviations. It recognizes the right of a man and a woman to marry 55 and to found a family. Therefore, the Declaration promotes the development of the family in the midst of other communities, while stressing the unique character of this natural institution.
The Family, First Educator The Declaration also recognizes the right to private property not only as individuals but also in association with others.