Law Commons^™

The State, The Udhr, And The Social Construction Of Family In Human Rights: The Case Of The Scarborough 11, Abbey S. Willis, Mary C. Burke, Davita Silfen Glasberg

Societies Without Borders

The Universal Declaration of Human Rights (UDHR) (UN 1947:34) declares in Article 16(3) that “the family is the natural and fundamental group unit of society and is entitled to the full protection by society and the state.” However, the UDHR does not define family, but rather presumes it is defined by traditional heteronormative marriage in a nuclear family. The failure of the UDHR to consider a more expansive view of family leaves the definition of family centrally in the hands of the state, and affects the ability of all but traditional nuclear family forms to access other human rights. We …