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29 - Natural Law, Rights of the Family, and International Human Rights Instruments

from Part V - Rival Interpretations and Interpretive Principles

Published online by Cambridge University Press:  03 November 2022

Tom Angier
Affiliation:
University of Cape Town
Iain T. Benson
Affiliation:
University of Notre Dame, Australia
Mark D. Retter
Affiliation:
University of Cambridge
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Summary

This Chapter argues that natural law philosophy gives the best conceptual resources for understanding the rights of the family in seminal international human rights instruments. The expression, ‘rights of the family,’ includes a broader discussion about marriage and the right to married life, rights of parents and children, the human person and his or her dignity. The interpretation of the texts is based on a good faith reading of the ordinary meaning of the words in their context taking into consideration the text’s object and purpose. Various challenges to the said interpretation are considered and responses to them are provided.

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Publisher: Cambridge University Press
Print publication year: 2022

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