Family rights are based on regulations and laws that have to do with the personal and family ties of each individual that makes up the family, these rules are part of civil law, due to their legal appearance, since most of the processes that are treated They are family law.
What does family rights mean?
It can be defined as the set of issues that, if they occur, will affect an individual or a family group. Currently, the universal population sadly experiences an endless number of problematic situations such as: divorce, separation, child custody, child support, alimony, adoption and abuse in marriage, these are some of all the points that are tried to be solved and are based on the family rights.
The laws are part of the Civil Law, whose purpose is to go to all the issues that are legally related to the family, although we know that the areas may vary depending on the state where you are. Aspects of the law go hand in hand with child custody laws and these are governed by federal law.
What are family rights?
Surely you wonder what are the rights of the family ? Well I will explain, family rights are a set of regulations, laws and resolutions that are framed in the code of civil law are those principles that are responsible for normalizing human behavior inside and outside the family in order to achieve the common good , safety for children and justice.
The word legal nature of this right is part of the regime through the rules of public order, which are totally different from those of the State but are disclosed by it. Among them we have:
- “The right of every man to found a family to have the appropriate resources to maintain it.”
- “The right to exercise their responsibility in the field of the transmission of life.”
- “The right to the intimacy of conjugal family life.”
- “The right to marriage one and indivisible.”
- “The right to believe and profess one’s faith, and to spread it.”
- “The right to educate children in accordance with their own traditions and adequate institutions, provided that the rights of others and, especially, the rights of God, are not harmed.”
- “The right to physical, social, political and economic security.”
- “The right to adequate housing, for a decent family life.”
- “The right of expression and representation before public, economic, social, cultural authorities and before inferior ones, both by itself and through associations.”
marriage and divorce
The right of every man to found a family and to have the appropriate resources to maintain it covers a variety of aspects that have a lot to do with marriage and divorce. Situations such as: marital problems due to lack of communication, separation, divorce and even a pre-nuptial agreement are also arguments for founding a family.
When two individuals decide to go through a legal separation or divorce, it is the court that is responsible for the separation of their assets and this actually varies depending on the place or residence in which the couple is. Just as the court deals with pensions or spousal maintenance, they are such delicate matters that they can be dealt with even in a trial in which the rights of that particular family are dealt with, there is also the option that is carried through the mediation process. .
In the pastoral constitution Gaudium Et Spes who makes mention of the church in the present world, in his article nn. 26, 42 and 52; John XXIII, Pacem in Terris, 15; Pius XII, rm 1- VI-1941, talks about Right to marriage and the family
The human being has the right to freely contract marriage and found a family, in which men and women have equal rights and duties
“The family, founded on one marriage and indissoluble freely contracted, must be considered as the first seed v natural of human society. From which arises the duty to attend to it with great diligence both in the economic and social aspect as well as in the cultural and ethical sphere; All these measures have the purpose of consolidating the family and helping it fulfill its mission” (John XXIII, Ibid, 16).
The right to privacy of family conjugal life, this can also refer to when 2 people decide to be together without getting married and are understood through a long-term relationship.
This type of relationship in some jurisdictions is taken as a common law marriage, which allows the spouses to have some of the rights that people get when they are married. What if you get along whether or not you have a legal marriage is the issue of paternity and all the issues that have to do with this. All of these cases are handled in family court.
It is so much so that a person outside the family, such as a family judge, can, through a trial, request a DNA test to prosecute the case of child support in the home.
The pastoral constitution Gaudium Et Spes who mentions the church in today’s world, in its article n. 52, tells us that there is the right of parents to procreate:
Spouses have the right and the duty to transmit life.
“the right of the spouses, of the father and of the mother, to lead their conjugal and domestic life” (Pius XII, rm 1-VI-1941).
The right to exercise their responsibility in the field of transmission of life. This right is very important to mention in child custody situations. We must make both parties understand that all the responsibilities must be included in which they are included: visits and child support, there are even cases that decide to give their children up for adoption, what is interesting to know is that this type of case is It goes through the family court.
The court when it comes to handling cases like custody, child support, and visitation, are usually all dealt with at the same time. In addition to these, the family court is constantly in charge of the reforms regarding these cases and all types of orders, so that these are evidenced according to the legal agreement and state law.
The issue of adoption, as we already mentioned, is also handled by the family court. And this is forced to work in collaboration and assistance with the body that is authorized by the state so that it can ensure that the interests of the minor and the state are met.
When we talk about interests, we mean that studies are carried out to verify the home where the minor will be, the background of the adoption applicants is verified, among other requirements that are handled as established by state law.
The pastoral constitution Gaudium Et Spes who mentions the church in today’s world, in its article no. 50 points out to us the Right to decide the number of children and the Right to the education of one’s own children:
“In the duty of transmitting human life and educating it, which must be considered as their own mission, the spouses know that they are cooperators of the love of God the Creator and as its interpreters. For this reason, with human and Christian responsibility they will fulfill their mission and with docile reverence towards God they will both strive, in common agreement and common effort, to form a right judgment[…] This judgment, ultimately, the spouses must form personally before God. ”
“This right of parents is specified in three primary duties: the duty to educate their children in a Christian way, the duty to educate them religiously and morally, and the duty to educate them humanly and culturally, providing them, in addition to the education imparted at home, adequate means for their formation.
Abuse and domestic violence
The right to physical, social, political and economic security. This is one of the rights that has reference to issues that have to do with abuse and domestic violence. Although these are considered criminal acts, they are still handled by the family court since he must study all the aspects and then go to the criminal court.
Among the aspects that must be studied we have the fact of whether the family should be reunified or if the custody of the minor should be taken away from the parents, in all cases of domestic violence, it is the family law that is responsible for making comply with the rules of protection against the abusive spouse.
These situations in family law are quite delicate. It is for this reason that advocates are advised to study and learn the state and federal laws for these types of cases. Well, it is the lawyers who work in defense of family law who have a certain power to help and facilitate the process. They are in charge of exhibiting their vision of the case, and may or may not require the court: negotiation if it is a mediation case, and work on the progress of the difficulty that arises.
The pastoral constitution Gaudium Et Spes who mentions the church in today’s world, in its article cfr Pius XII, rm 1-VI-1941, tells us that there are the Right to the inviolability of the home:
It is the right to develop domestic life. Without unfair intrusions that come from outside and disturb the intimacy of the home.
family bill of rights
Letter Gratisimam Sane from the Supreme Pontiff John Paul II to families, February 2, 1994:
It is a letter with a new initiative of the Church to try to promote in the family bed, to raise awareness of the functions of parents and how necessary it is to constitute the family, what is really wanted is to guide families and make them unite in favor of their defense and the promotion of their rights.
It was in this document that former Pope John Paul II himself wrote to defend the family institution and that it be published to all governments, organizations and authorities interested in the family role. Some of the points covered in the letter are:
- “Every person has the right to establish a family.”
- “Marriage requires the free consent of the spouses.”
- “No to contraception, sterilization and abortion.”
- “Equality of all children in the right to social protection.”
- “Parents’ right to choose and control educational centers.”
- “No to divorce that threatens the family.”
- “Right to religious freedom of family members.”
- “Families have the right to associate.”
- “Right to family property and social security.”
- “Right to a fair family wage.”
- “Right to state aid.”
Duties and rights of the home
As a family constitution we must also have laws or rules as they want to call them that are not only based on rights and not also on duties, I recommend 12 to start:
- 6 Duties:
- Comply with universal values.
- Practice and invigorate moral principles.
- Collaborate in a distributed way with household chores.
- Rules and regulations of the family must be respected.
- Strengthen all the positive relationships that occurs between family members.
- Accept and respect different opinions.
- 6 Rights:
- Live in a decent home.
- Have the respect of all family members.
- Enjoy basic services (electricity, water, gas) at home.
- To a job and education.
- To health and good nutrition.
- Comment, Decide and Choose.
These duties and rights must be fulfilled by all members of the family, it is an obligation for parents to ensure that they are carried out within their homes, always remember that:
“Civic education started at home and expanded at school, tends precisely to achieve the formation of useful members of society.”
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