6. THE RIGHT TO FAMILY LIFE
Article 10
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.
2. Special protection should be accorded to mothers during a reasonable period before and
after childbirth. During such period working mothers should be accorded paid leave or leave
with adequate social security benefits.
3. Special measures of protection and assistance should be taken on behalf of all children
and young persons without any discrimination for reasons of parentage or other conditions.
Children and young persons should be protected from economic and social exploitation.
Their employment in work harmful to their morals or health or dangerous to life or likely to
hamper their normal development should be punishable by law. States should also set age
limits below which the paid employment of child labour should be prohibited and
punishable by law.
6.1 Understanding the Right to Family Life
6.1.1 Concept and Content
Article 10 of the ICESCR is premised on the notion that family is “the natural and
fundamental group unit of society,” especially insofar as it is responsible for the upbringing
and wellbeing of children. As such, Article 10(1) emphasizes that “[t]he widest possible
protection and assistance should be accorded to the family, […] particularly for its
establishment and while it is responsible for the care and education of dependent
children.”182 Article 10 also stipulates that marriage must be entered into with the free
consent of intending spouses.
Article 10(2) is concerned with the well-being of women before and after childbirth,
including the provision of paid leave or leave with social security benefits for working
mothers during this period. Finally, Article 10(3) requires special measures of protection and
assistance to all children and young persons, with no discrimination based on parentage or
other factors. It also secures the rights of children to be “protected from economic and
social exploitation.” Specifically, any employment likely to “hamper their normal
development” and paid child labour in violation of set age limits must be prohibited and
punishable by law.
48
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents