[FamilyProtection] The importance of protecting the family and its relationship with the protection of the person
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These functions not only cover the material aspects (food, housing, medicines, among others) of the needs of its members, but also the spiritual aspects (education, solidarity, affection, security, communication, attention, security, socialization, etc.) . It is above all in relation to the latter, that the family becomes more than a conglomerate of people with purely welfare functions, in a community of love and life in which each of its members feels welcomed, supported and safe.
In this sense, the family environment provides the human being with the necessary goods to develop properly and prevents or corrects situations that may affect said development. In this way, it is the parents who hold the primary responsibility for the upbringing, guidance and protection of children, who, in order to fully develop, need the family environment and the environment of happiness, love and understanding that is lived within it; being, consequently, the first ones obliged to protect the respect and primacy of the best interest of the child in the situations that involve it.
The family is, therefore, the first social unit in which each human being becomes aware of the value of their existence and, therefore, of the importance of respecting their dignity as a human person. In the family, one learns to become aware of the inalienable rights of each one of its members, promoting per se a true culture of Human Rights and protection towards the weakest.
In this way, in a family that can adequately fulfill its functions, the protection of the rights of its members and access to adequate living conditions is guaranteed. Therefore, taking into account the solidarity and care of its members among themselves, minimizes the appearance of negative situations, such as: school dropout, infant mortality, lack of access to health services, violence and sexual exploitation, addictions and juvenile delinquency .
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In contrast, the family helps its members to achieve a higher level of schooling, to distribute equally the burdens to eliminate exploitation, to protect women, the elderly and children from dangerous situations, to access better living and housing conditions, to improve the use of money, to educate them in virtues and recognition of their affections in such a way that they are not victims of abuses or deadly vices.
That is, the family as an intermediate institution between the individual and society, is the community that through solidarity as a way of life, protects and educates its members for their projection into social life. And this conjunction of functions is a task that can only be fulfilled naturally by it and that can not be replaced without carrying with it an affectation for its members.
In this sense, the family as a fundamental unit of society contributes to social cohesion and development, education in Human Rights, preservation of identity and values. In other words, it plays a major role in maintaining the culture of a nation.
It is based on the recognition of its importance that the main international documents on Human Rights highlight the importance of their protection. Taking some examples, Article 16, Paragraph 3, of the Universal Declaration of Human Rights, stipulates that "the family is the natural and fundamental element of society and has the right to be protected by society and the State"; and Article 10, Paragraph 1, of the International Covenant on Economic, Social Rights recognizes that "The family, which is the natural and fundamental element of society, should be granted the widest possible protection and assistance, especially for its constitution and while responsible for the care and education of the children in their care. Marriage must be contracted with the free consent of the future spouses. "
In this way, the interest manifested in the protection of the family institution is closely related not only to the human being considered individually, but also to the influence of that institution in society and the State. Since, the family by providing an environment conducive to the proper development of the human being contributes directly to social development.
In those societies that comprehensively protect the families that comprise it and allow it to fully assume its role in the community, a greater degree of wellbeing will be manifested for its members. Because, the people that conform it obtain a greater degree of satisfaction of their needs on the part of their closest surroundings and this means: education of citizens prepared for the challenges that life represents in modern societies; and on the other hand, a lower degree of state concern to provide solutions to material and spiritual needs in the presence of people without families that accept them.
In that sense, the State has the fundamental obligation to protect the family to which every human being belongs under its jurisdiction; since, that is the community that will respond more satisfactorily to their requirements as a human person throughout the course of their existence, and this protection not only benefits the human being as an individual (isolated) but, primarily, represents a guarantee for the State to achieve its objectives regarding the achievement of the common good.
The relationships lived within the family and the interaction of the family with similar groups tend to produce a degree of development for its members and the community that can not achieve subsidies and state programs for the improvement of social conditions.
Therefore, the States, in compliance with their commitments and in accordance with the values of the societies they represent, are obliged to provide the necessary comprehensive support for the family and its members, through a legislative framework and preventive public policies. and of relevant solutions in areas such as: promotion of employment and economic stability, access to education and health services, equitable distribution of work and family responsibilities between women and men, empowerment and protection of the weakest, improvement of conditions of housing and social security, protection against violence and forced separation, special measures for mothers and newborns, among others.
Based on the foregoing and consistent with the international commitments assumed by the vast majority of States at present, it is imperative to look back on the family institution as a fundamental factor to achieve a greater degree of well-being for the human being and higher rates of social development.
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