Abstract
The family is undoubtedly regarded not only as an important focus of society, but also as a basis for the upbringing of the growing generation, an element of cultural, moral, informational and economic development of society. Globalism and the transformation of social relations have also led to changes in the family model. In such circumstances, the study, becomes very important. The researchers mainly investigate the problems of individual principles of civil and family law, as well as analyze state policy in the field of protection and protection of children’s rights. However, the principle of state protection of the family is not well understood.The study found that the principle of state protection of the family is enshrined both at the level of international acts and in national law. It is justified that the content of this principle is revealed due to the positive obligations of the state in the field of family protection. The article analyzes the foreign experience of defining the substantive elements of the principle of state protection of the family. The importance of the principle of state protection of the family in emergency situations, including the protection of the right to family of internally displaced persons, has been investigated.It is established that the principle of state protection of the family envisages a set of rulemaking, law enforcement, organizational, administrative, financial, ideological and educational measures on the part of the state to ensure favorable conditions for the creation and proper functioning of the family, as well as its protection. The legal mechanism of state protection of the family is a system of legal norms that establish guarantees for the realization of a person’s right to the family, as well as institutions that promote the proper functioning and protection of the family, motherhood (paternity) and childhood. It is justified that the content of the principle of state protection of the family is revealed due to the positive obligations of the state in the sphere of family protection, including: to assist in the formation of families and in raising their children; take appropriate measures to ensure equality of spouses and protection of children in the event of divorce; create human conditions for motherhood (paternity), ensure protection of their rights; take special maternity protection measures within a reasonable time before and after childbirth; adopt legislation to protect a person from arbitrary or unlawful interference with family life; to give priority to family upbringing of the child and others.
Published Version (Free)
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.