CONGRESS ON FAMILY

November 6-7th. 2003, Mexico DF

Español

MEXICO CITY PACT FOR THE FAMILY

As a result of the work done at the “International Congress on the Family: The Family Today, Rights and Responsibilities” held in Mexico City on November 6 and 7, 2003, we the participants invite International Organizations, Governmental Institutions, Civil Society Organizations and Academic Institutions to work toward establishing family- and community-oriented public policies, as laid out in the “Mexico City Pact for the Family”

 

Preamble

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, freedom, justice and peace are based on the recognition of the intrinsic dignity1 and equal, inalienable rights of every individual member of the human family;2

Acknowledging that human nature is essentially social, and thus the inalienable human rights expressed in the Universal Declaration of Human Rights also have a fundamentally communityoriented dimension whose complementary expression must be found in the recognition of the rights of the family;

Recalling that the family is the natural and fundamental3 element of society and thus of the State, which it has preceded historically, and that by virtue of its intrinsic dignity the family has its own inalienable rights;4

Recognizing that, in addition to being a legal, social and economic institution, the family also constitutes a community of natural, blood or legal relationships, assistance, protection and solidarity, irreplaceable in its role as educator and transmitter of cultural, ethical, social, spiritual and religious values from one generation to another – values which are essential for the development and welfare of its own members and society as a whole;

Mindful of the fact that the family and society, which are joined by vital, organic ties, have complementary roles to play in defending and promoting the good of each individual, and of society, the State and humanity;

Convinced that the family, as the first human institution, the fundamental core of society, and the natural environment for the growth and well-being of all its members, must receive the necessary protection and assistance from society and the State in order to fully meet its responsibilities in the community;5

Recalling that the experience of different cultures throughout history has shown society’s need to acknowledge and defend the institution of the family, which finds its fullest expression in marriage, creating a union and giving the couple legal stability and security;

Recalling that serious injustices have been perpetrated by intervention and violation of the special dignity of the family, and that all actions concerning the family, whether carried out by public or private aid institutions, law courts, administrative authorities or legislative bodies, must have as their primary consideration the best interest of the family;

Convinced that society, and specifically the State, the international community and competent international institutions, must, within the limits of their competence, protect the family with political, economic, social and legal measures that contribute to consolidating the unity, stability and development of the family so that it may fulfill its specific functions as the fundamental core of society and the State;

Aware of the fact that men and women of full age are entitled to give their free consent to marry and found a family, without any limitation due to race, nationality or religion, and shall enjoy equal rights under all laws governing marriage;6

 

We hereby agree to the present “Mexico City Pact for the Family”:

ARTICLE 1. The Family.
The family is a group of persons who are related by family, affinity or law, resulting from birth, marriage or adoption recognized by Law, whose purpose consists of solidarity and mutual assistance between its members, for the common good. The family constitutes the basic domestic unit that originates in the bond between a man and a woman, and is characterized by a close and lasting relationship of solidarity between its members, be they ascendants or descendents, natural or legal, sharing practices, customs and values in a stable manner. The family is the foundation of society and the State, since it is within the family that individuals originate and attain their fullest development.

ARTICLE 2. The Intrinsic Values of the Family.
The family has the right to be recognized as a social unit and to progress as such. The State and society must respect the dignity, fair independence, privacy, stability, integrity, solidarity, security and autonomy of each family. Society must also support and promote the family, in solidarity and in a subsidiary manner.7

ARTICLE 3. The Social Values of the Family.
The family is the foundation of society and thus of the State, since it is the basic social unit that gives life to communities and fosters the diversity of cultural, educational, productive and political relationships permitting the political-social organization of the State. The family is the natural source of genomic diversity in society and the State,8 and thus it sustains the inheritance of humanity.9 The family is the first school of fraternity founded in a commitment of solidarity for human development, mutual support, and shared benefits in a stable, permanent manner, where everyone shares family tasks and responsibilities. The family is the first society, the biological generator of life, and therefore forms the organic, vital roots of society and the State.

ARTICLE 4. Free Choice of Marital Status and the Responsibilities of the Spouses.
All persons having reached full age and with the necessary capacity have the right to freely choose their status in life, and thus have the right to choose to marry and found a family, or to remain single. In order to be valid, the marriage of a man and a woman requires the full, free consent of the spouses, with no pressure of any nature. Legal restrictions, whether temporary or permanent, imposed on the exercise of this right may be introduced only when seriously and objectively required by the institution of marriage. All persons wishing to marry and found a family must have access to, and expect from society, the moral, educational, social and economic conditions allowing them to do so with full maturity and responsibility. Within the natural complementarity between men and women, the spouses must enjoy the same dignity and equal rights in marriage. The different, complementary roles of motherhood and fatherhood in the family are essential and irreplaceable.10
Common-law relationships between men and women shall be subject to legislation governing “civil matters.” Children born of such unions shall enjoy the same filial rights as children born of wedlock, and the same rights and obligations of the spouses shall apply. Society and the State have the obligation to instruct the spouses on the purposes of marriage, and on the rights and obligations of the spouses.

ARTICLE 5. Procreation and Parenthood.
The State shall protect the organization and development of the family, and to this end shall establish policies and strategies to ensure that men and women may make free, informed and responsible decisions about the number and spacing of their children,11 without being subject to pressure, discrimination or coercion of any kind.

ARTICLE 6. Protection of the Family Unit.
The family has the right to the promotion of its unity, stability and integrity, and the reconciliation between work and family life. Society and the State must contribute to healthy family coexistence, with special attention to the problems of family dynamics, the social conditions in which they develop, and the legal framework prohibiting physical or psychological violence or abuse, discrimination of any kind, or other problems that are destructive to the union. In the specific case of child protection, the State and society must consider the extended family as the first recourse.12

ARTICLE 7. Respect for the Culture of the Family.
The family has the right to have its customs, tradition, culture, world view and religion respected,13 provided that these do not adversely affect the rights of its members, other families, the applicable legal system14 or public decency.

ARTICLE 8. Family-Oriented Public Policies.
Governments shall implement suitable public policies to promote and create conditions for the strengthening and development of the family.15 The State shall provide guidance, support and assistance for the fulfillment of the functions of the family. Recognizing that the stability of the family is the central pillar of social development, public policies must promote the family’s stability by taking into consideration the principles of solidarity and subsidiarity. Public policies must also be family- and community-oriented, in order to have cross-cutting effects that permeate the economic, social, legal, educational and cultural spheres.

ARTICLE 9. The Social Participation of the Family.
The members of the family have the right to contribute to the social development of their communities and to participate in the planning and development of government programs on family life, either themselves or through associations with other families.

ARTICLE 10. Education and the Family.
Parents have the original and inalienable right and duty to educate their children according to their values and convictions.16 Consequently, they have the right to freely choose their children's schools, cooperate with teachers and school authorities to ensure the optimum education according to their conscience,17 and be part of educational communities. Society and the State must support them in a subsidiary manner, providing the aid and assistance necessary for families to sufficiently carry out their educating function. In the education they give, the State and society must strive to harmoniously develop all human abilities and teach the value and importance of the family unit, the love of homeland, and international solidarity in independence, justice, morals and public decency. The members of the family, especially the youngest ones, have the right to sufficient protection against the negative effects and abuses of the media,18 and to this end families must inform governments of these adverse effects on morals and public decency, and the State must become involved in regulating the media based on a code of ethics, in order to preserve morals and public decency.

ARTICLE 11. Young People and the Family.
The family institution must be a space that is conducive to the comprehensive development of its members, where they obtain the basic elements they need for inclusion in society as citizens. This means encouraging and supporting young members so that they can attain their independence and autonomy, and found new family units in accordance with their values and convictions; it also means developing all of their abilities and training them in the acquisition of the highest moral qualities.1 9

ARTICLE 12. Social and Economic Development of the Family.
The family has the right to be recognized as the fundamental agent of social and economic development, to be encouraged and promoted, and to have access to resources and economic conditions that ensure a decent standard of living and development that is effective, sustainable and equitable. Therefore, economic policy must promote family welfare, focusing on the priorities of family life and the preservation of family unity and the solidarity between its members, considering the reconciliation of work and family life for mothers and fathers as an essential factor in family policy.20

ARTICLE 13. Health, Welfare and Social Assistance.
The family must have access to living conditions that are conducive to the good health and welfare of its members. The State shall promote the social, economic and legal conditions for its development, without promoting its dependence on the State. In this context, the State shall create conditions of access to food, education, housing21 and healthcare services, as well as social protection. It shall particularly promote actions that ensure healthy maternity and safe childbirth; medical attention for the mother as well as the unborn child; full development of children; a full life for the elderly; and care for persons with disabilities. All this shall be done without discrimination of any kind which would adversely affect human dignity or attempt to eliminate or diminish the rights and freedoms of individuals and the family.

ARTICLE 14. Social Security of the Family.
The members of the family must have access to social security22 in accordance with their needs, especially in the event of separation of the spouses, premature death of one or both parents, accident, disease, mental illness, or any case in which the family has extra responsibilities due to old age or physical disability.23

ARTICLE 15. Unity and Integrity of the Family in Case of Forced Separation.
The rights and needs of the family, especially regarding family unity, must be protected in conditions such as migration, exile, and incarceration of one of its members, so that even under these circumstances the members of the family may maintain contact and the family ties may be sufficiently preserved.24

ARTICLE 16. Protection of the Family in Armed Conflict.
The survival and unity of the family must be protected during armed conflict. To this end, the authorities shall adopt the necessary national and international measures to guarantee the family’s safety and unity,25 and the respect for the human rights of its members.

ARTICLE 17. The Vulnerable Members of the Family.
Children born in or out of wedlock,26 persons with a disability and the elderly are recognized as the most vulnerable members of the family. The law shall establish special protective measures for children, guaranteeing opportunities and providing services before, during and after their birth so that they may fully develop physically, morally, mentally, spiritually and socially, with freedom and dignity, protected by the State against all forms of abandonment, cruelty, exploitation and family violence. Children have the right to live in a healthy family environment, free of violence of any kind and able to enjoy the rights enshrined in the corresponding Convention. The elderly must be protected by the family when their health and self-sufficiency decline, and in the family they must enjoy an environment that allows them to live a full life, participating in social life and engaging in activities compatible with their age. Family members with a disability,27 be it mental28 or physical, must enjoy a full life in conditions that ensure their dignity as human beings, and wherever possible and according to available means, they must receive special care from the family, the State or society.

 

Referencias:

  1. Charter of Fundamental Rights of the European Union. Art. 1: “Human dignity is inviolable. It must be respected and protected.”

  2. Convention on the Rights of the Child. Preamble. Considering paragraph 1: “Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”

  3. Universal Declaration of Human Rights. Art. 16. 3: “The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”
    International Covenant on Economic, Social and Cultural Rights. Art. 10.1: “The States Parties to the present Covenant recognize that: 1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.”
    International Covenant on Civil and Political Rights. Art. 23.1: “The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”

  4. International Covenant on Civil and Political Rights. Art. 18. 4: “The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.”

  5. Convention on the Rights of the Child. Preamble. Considering paragraph 5: “Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community.” (November 1989)

  6. Universal Declaration of Human Rights. Art. 16.1: “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.”

  7. Principle of Solidarity: The ability and willingness to bear the burdens of others. This expresses the mutual, essential relationship between human beings and society.
    Principle of Subsidiarity:     The duty of the State to promote the participation of persons, intermediary groups, and itself, in building social order and the common good. Subsidiarity means the ordering of responsibilities, competencies and rights: “that which can be resolved at the local level should be resolved at the local level.”
    1.     Individuals and the smallest groups should be granted all the powers and functions that they can exercise on their own initiative and with their own competence.
    2.     The raison d’être and sole purpose of larger groups is to help individuals and smaller groups, acting on their behalf in that which they cannot do for themselves: they should not replace them, absorb them or destroy them.
    3.     A larger group can and must replace a smaller group when it is clear that the latter is not capable of fulfilling its specific function. This intervention must, at the same time, create the conditions that allow the smaller group to undertake its functions. (Carlos A. Sacheri, El Orden Natural, p. 162)

  8. Universal Declaration On The Human Genome And Human Rights. Art. 1: “The human genome underlies the fundamental unity of all members of the human family….”

  9. Universal Declaration On The Human Genome And Human Rights. Art. 1. “In a symbolic sense, [the human genome] is the heritage of humanity.”

  10. The Convention on the Elimination of All Forms of Discrimination against Women. Preamble: “Bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole.”

  11. The Convention on the Elimination of All Forms of Discrimination against Women. Art. 11.1(f): “States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: […] f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.”
    Universal Declaration On The Human Genome And Human Rights. Art. 11:     “Practices which are contrary to human dignity, such as reproductive cloning of human beings, shall not be permitted.”
    European Convention on Human Rights and Biomedicine. Oviedo Convention.

  12. Geneva Convention relative to the Protection of Civilian Persons in Time of War. Art. 50: “Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend. […] Particulars of their parents or other near relatives should always be recorded if available.”

  13. Universal Declaration of Human Rights. Art. 18: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.” Art. 19: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

  14. International Covenant on Civil and Political Rights. Art. 17: “1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.”
    The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families . Art. 14:     “No migrant worker or member of his or her family shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home, correspondence or other communications, or to unlawful attacks on his or her honour and reputation. Each migrant worker and member of his or her family shall have the right to the protection of the law against such interference or attacks.”
    Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live. Art. 5: “Aliens shall enjoy, in accordance with domestic law and subject to the relevant international obligation of the State in which they are present, in particular the following rights:
    (a) The right to life and security of person; no alien shall be subjected to arbitrary arrest or detention; no alien shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law;
    (b) The right to protection against arbitrary or unlawful interference with privacy, family, home or correspondence;
    (c) The right to be equal before the courts, tribunals and all other organs and authorities administering justice and, when necessary, to free assistance of an interpreter in criminal proceedings and , when prescribed by law, other proceedings;
    (d) The right to choose a spouse, to marry, to found a family;
    (e) The right to freedom of thought, opinion, conscience and religion; the right to manifest their religion or beliefs, subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others;
    (f) The right to retain their own language, culture and tradition;
    (g) The right to transfer abroad earnings, savings or other personal monetary assets, subject to domestic currency regulations.”

  15. Resolution on the Protection of Families and Children. Published in the Official Journal of the European Communities, January 1999.
    Article 1 states that it is necessary to define guidelines for an integrated family policy taking the diversity of family models into account and going beyond the strictly economic approach of policies geared solely to benefits and allowances, and taking into account the promotion of equal opportunities for men and women.

  16. Universal Declaration of Human Rights. Art. 26.3: “Parents have a prior right to choose the kind of education that shall be given to their children.”

  17. International Covenant on Economic, Social and Cultural Rights. Art. 13.3: “The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.” The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Art. 5 (b).

  18. Resolution on the Protection of Families and Children. Published in the Official Journal of the European Communities, January 1999.

  19. Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples. Principle Vl: “A major aim in educating the young shall be to develop all their faculties and to train them to acquire higher moral qualities, to be deeply attached to be noble ideals of peace, liberty, the dignity and equality of all men, and imbued with respect and love for humanity and its creative achievements. To this end the family has an important role to play. Young people must become conscious of their responsibilities in the world they will be called upon to manage and should be inspired with confidence in a future of happiness for mankind.”

  20. Adjustment of the text of the Resolution on the Protection of Families and Children. Paragraph E. January 1999.

  21. Declaration on Cities and Other Human Settlements in the New Millennium.

  22. International Covenant on Economic, Social and Cultural Rights. Art. 9: “The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.”

  23. The Convention on the Elimination of All Forms of Discrimination against Women. Art. 11-1: “States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women,the same rights, in particular: […] e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave.”

  24. Convention on the Rights of the Child. Art. 9. 4: “Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.” Art. 22.1: “States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.”

  25. Convention on the Rights of the Child. Art. 22.2: “For this purpose, States Parties shall provide, as they consider appropriate, cooperation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations cooperating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention.”

  26. Universal Declaration of Human Rights. Art. 25.2: “All children, whether born in or out of wedlock, shall enjoy the same social protection.”

  27. Declaration on the Rights of Disabled Persons. Paragraph 9: “Disabled persons have the right to live with their families or with foster parents and to participate in all social, creative or recreational activities. No disabled person shall be subjected, as far as his or her residence is concerned, to differential treatment other than that required by his or her condition or by the improvement which he or she may derive therefrom. If the stay of a disabled person in a specialized establishment is indispensable, the environment and living conditions therein shall be as close as possible to those of the normal life of a person of his or her age.”

  28. Declaration on the Rights of Mentally Retarded Persons. Paragraph 4: “Whenever possible, the mentally retarded person should live with his own family or with foster parents and participate in different forms of community life. The family with which he lives should receive assistance. If care in an institution becomes necessary, it should be provided in surroundings and other circumstances as close as possible to those of normal life.”