Initiatives

Ethical Family, Our First Institution

Ethics defined, taught and enforced for the preservation of human rights

Introduction

Humans come into the world, acquire their status as legal persons and learn what will make them distinctive as members of families. When circumstances deprive a child of a family, it is seen as imperative, by law or by custom, to provide it with another family in which to grow up. As proverbs in many languages and cultures put it, one does not choose one’s family, unlike one’s friends. The family is the setting within which choices are made.

At the same time, a family stems from a choice of a marriage partner, with all the infinite variety across space and time of who chooses, how and what the nature of marriage is. The family is not a natural fact, but a profoundly social and cultural construction. From this very familiar observation follows the extensive prescriptive discourse about family matters – again, in all cultures, with a very wide diversity of interpretations and implications. Considering the family as a social construction is never simply describing it: it is stating what it should be.

Modern international law explicitly enshrines the family not just as a fact but as a value. The Universal Declaration of Human Rights identifies the family as “the natural and fundamental group unit of society” and asserts that it is “entitled to protection by society and the State” (art. 16.3). Furthermore, the Declaration sets the family explicitly within the framework of marriage. Paragraphs 1 and 2 of article 16 state respectively that “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” and that “Marriage shall be entered into only with the free and full consent of the intending spouses”.

Thus, the Universal Declaration of Human Rights, read in conjunction with other major legal instruments such as the Convention on the Elimination of Discrimination Against Women and the Convention on the Rights of the Child, recognizes the inherent dignity and of equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world.

However, the 1948 Declaration was inspired by determinedly anchored ethical and anthropological values consolidated by convictions regarding an objective moral order which were well-grounded at that time, and it responded to cultural, socio-economic and political circumstances in a given historical setting. The family today is facing many challenges and crises. Promoting human rights in and with respect to the family thus demands consideration of the many aspects of the present difficulties.

Addressing today’s challenges to preserve the family as a fundamental basis of society is of vital concern for societies around the world. Focusing on the role of the family as the first institution and home, where humans can become ethical beings, is the most effective way to preserve human rights and to provide equal protection and fulfillment to all family members in physical and mental health, in addition to wealth, monetary, intellectual and emotional stability.

The challenges faced by the family – and by families – are very diverse. Some of them stem from clashes between tradition and modernity, whereas others relate to much broader social trends that touch on many social institutions. Challenges such as threats to survival, the “culture of death”, violence, the lack of safety, under-development, unemployment, migrations, distortions by the communications media, etc., can only be tackled successfully based on a conception of human rights that are developed through the family, thereby transforming the society that is generated in and by the family. One aspect of fundamental importance for the promotion of human rights is recognition of the “Rights of the family”. While the language of “family rights” is often used in the context of criticism of supposedly “individualistic” human rights, the objective here is rather the opposite. Human rights are individual, but can be fulfilled only in the social contexts through which ethics unfolds and flourishes. This implies the protection of marriage in the framework of human rights and of family life as an objective of every juridical system. 

Knowing that family has a transformative power, it is broadly recognized that family plays a pivotal role in shaping the values of future generations and creating inclusive, peaceful, just and sustainable societies. To ensure that the next generation is ready to become ethically raised agents of change, the international community, governments and societies must invest in family ethics and preserve its fundamentals.

However, reference to “fundamentals” begs the question what is actually “fundamental” in a context of diversity and of rapid change. It is common, and superficially convenient to equate “fundamental” with “traditional”, but this approach is inadequate for ethical purposes, which require not just the interpretation of traditions but their justification – and thus potentially their rejection or reconfiguration. Several questions thus arise that need careful exploration if the ambition of thinking about the family as an ethical setting and framework is to be fulfilled.

What is family according to the Universal Declaration of Human Rights and other relevant international legal texts: There is no definition of the family under international human rights law. According to the Human Rights Committee, “the concept of family may differ in some respects from State to State, and even from region to region within a State”, and it is therefore “not possible to give the concept a standard definition.” Similarly, the Committee on Economic, Social and Cultural Rights has stated that the concept must be understood “in a wide sense” and “in accordance with appropriate local usage.” Other international human rights bodies have expressed similar views. Nonetheless, as noted above, article 16 of the Declaration is specific on one point, anchoring the family in marriage. But the notion of “marriage” is itself diverse and evolutionary, and in some parts of the world has indeed undergone rapid change – in terms both of practices and social ideals – in the decades since the Declaration was adopted. What is enduring, however, from an international human rights perspective is first the fundamental right to marry on the basis of consent, and secondly recognition of marriage as foundational of a family, even, by implication, when it concerns only two adults.

Also, the Declaration recognizes the inherent dignity and of equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world.

The Declaration was inspired by determinedly anchored ethical and anthropological values consolidated by convictions regarding an objective moral order, within the limits of necessary acknowledgement of diversity across cultures. Whether the idea of an objective moral order is still generally accepted is uncertain. What is clear is that such a moral order, far from being merely abstract, can only come through a long-term commitment towards common and shared goals.

Who are the members of the family? Although there are growing arguments on who consists of a family, it is widely accepted that a married couple with their children are the main members of the family, and extended family are the mother, father, grandfather, grandmother, and the siblings. The Great-aunt, Uncle, and aunt are called members of a family too, and in many cultures the boundaries of the extended family may be drawn very widely. However, an obvious implication of this extensive approach is that each person is a member not of one family but of several.

The family is a unit created by blood, marriage, or adoption ( parents and children) or extended. Our objective is how to have an ethical family to preserve the rights, respects and emotions of each family member and create a safe social institution.

Challenges faced by the Family: The family today is facing many challenges and crises, it has undergone transformation, in many societies the extended family no longer exists, and the nuclear family consisting of married couples with children is decreasing due to therate of divorce and separations and a series of factors introduced through medical and internet technology advances. On the other hand, these social transformations also entail remarriages and family rearrangements, which testify in many cases to the enduring power of the idea of the family in many people’s minds.

 Why do we need to take care of our first institution (family)? To have a safe and vibrant society with respect and dignity of human rights, it is necessary to have a family structure that supports each member’s emotional, physical and economical necessities and facilitates equal opportunities. Otherwise, the consequences of neglect of the first institution to provide the first safety net, will burden many aspects of the society at large, such as, public housing, health, education, pensions, long term care, labour market, public finance, etc.     

This importance was reflected in the adoption of the Sustainable Development Goals on 25 September 2015 of the 2030 Agenda for Sustainable Development broadly identifying the potential of families to contribute to the achievement of the Sustainable Development Goals, including the eradication of poverty and the creation of just, inclusive and secure societies.

The recognition of families’ role in development is not new, as international institutions have long recognized the critical functions that families perform towards their members and the wider community. Article 16(3) of the Universal Declaration on Human Rights and article 23(1) of the International Covenant on Civil and Political Rights state that “[t]he family is the natural and fundamental group unit of society and is entitled to protection by the society and the State.” Other human rights instruments reaffirm this recognition in similar terms, including article 10(1) of the International Covenant on Economic, Social and Cultural Rights, which provides that 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 (…).

A similar recognition of the family as the fundamental unit of society is found in more recent instruments, such as the Convention on the Rights of the Child (preamble, para. 5) the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (art. 44(1)), and the Convention on the Rights of Persons with Disabilities (preamble, para. x). These instruments further highlight families’ role in protecting the human rights of its members and in providing them with an enabling environment for the enjoyment of those rights.

Worth mentioning, the family trust and bond is only built over a long period of time. It is widely believed that nuclear/ ethical families with extended family members and adopted members based on long term emotional and financial codependency is deeply in line with the purpose of the international convention and accords and to realize a healthy nation.

What is the relation between Work and the Family? Work is both a right and a duty, and hence it expresses and fulfills the dignity of human beings. It demonstrates their ability to lead the world around them; it contributes to the development of their personality, and makes the growth of civilization possible. All the society and organizations and State policies must create conditions that will make it possible for everyone to work. Work constitutes a foundation for the formation of family life, which is a natural right and something that at least one spouse takes on. These two ranges of values (one linked to work and the other resulting from the family nature of human life) must be appropriately combined and must properly infuse each other. In a way, work is a condition for making it possible to found a family, since the family involves the means of subsistence which often at least one spouse gains through work. The exact input that a father and a mother offer through their work to society should be recognized. We should give more attention to what a homemaker spouse contributes to the family and through it to the society. 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.

What is an ethical family?The following characteristics constitute the commandments of the Ethical Family:

• To balance the level of commitment and freedom ( establishing a family means to give parts of the freedom in favor of commitments to have a safe shelter for all the members’ survival and fulfillment). 
• To respect all the members of the family and preserve their rights, particularly economic empowerment.

Activities:

1. Roppongi Dialogue: Through monthly webinars, we engage thought leaders to build a philosophical dialogue on ethical family, and how to protect its members human rights. The webinar is hosted on every third Thursday of the month at 20:00 to 22:00 (UT+9) in partnership with UNESCO Management of Social Transformation Program (MOST) and UNESCO Center for Human Sciences (CISH). For program details please see the attached document – Roppongi Dialogue Program.
2. Power of Partnership: We are inviting organizations who are working to promote the protection of members from abusive family situations; Research Institutions and Government and international family advocacy institutions .
3. “I have a Family”: Gathering story by story of family members’ struggles and triumphs and what role the family played or did not play when needed on our website blog/facebook page. 
4. Report/Bulletin: publish a report as the conclusion of each Roppongi Dialogue topic. Create bulletins, such as highlighting statistical data to support the family issues; panelist’s statements, etc.
5. Advocacy Campaigns: regular posts on our social media to increase the public awareness.

Objectives of the “Ethical Family, Our First Institution” project :

1. Raise awareness on the need to revive the definition of ethical family among youth and future generations.
2.   Empower the family members and educate them on their rights and their duties. 
3. Promote family ethics, dialogue and values among public, government and legal institutions.  If the first institution is not there to provide the net for our emotional, physical and financial needs, the government will have to pay for it. This discourse is needed to build support for fundamental changes in law and expectations of the society.

Outputs:

• Build a benchmark for an ethical family, and methods to develop best practices to maintain an ethical family through surveyed examples.

• Develop a training toolkit on a global context addressed to High School and university professors.

1. Develop a training toolkit on a global context addressed to bar associations for ongoing Ethics training.

Outcomes:

1. Bring changes in legal, social and business practices to protect family values.
2. Protect all members, especially the homemaker spouse’s financial standing in the family by advocating for laws that give equal rights and access to all the assets acquired during the marriage.
3. Abolition of Child marriage. Thus raising the marriage age to 21, so that women have enough education and maturity to have financial independence.

Partners:

1. UNESCO Management of Social Transformations Program (MOST)
2. International Center for Human Sciences (CISH-UNESCO), Byblos, Lebanon