The National and International Legal Framework Related to Family Relations Seen from the Perspective of Gender Equality

Abstract

Gender-based discrimination is a long-standing problem of society and of the family in particular. While the possibilities of identifying the phenomenon of discrimination in public life are more tangible, discrimination in the family remains mostly in the shadows and not easily evident. It is about the relationships that are built between spouses, children, and other family members. This study aims to analyze the factual and legal situation of the dimensions of (lack of) equality between family members from a gender perspective. Seen through the lens of family relations in particular, this study will reflect in general terms the trend and society's approach to gender equality. This is because of imagining and not only the family as the basic and most important cell of society, the one that transmits values and principles to society. Healthy family and marital relations are an important contribution to the elimination of gender stereotypes not only between family members but also in society in general. Although family relations mainly belong to the sphere and private interest, the legislator has always put a strong emphasis on the special protection of the family and marriage, providing for it in the most important normative acts, such as the Constitution and the Family Code, but also in other acts which indirectly regulate family relations. There are also numerous international legal instruments that mainly protect the institution of the family and mainly the sphere of equality in the rights and obligations of its members. See these in the consideration of equality between men and women in several main directions such as equality and non-discrimination between men and women to the relationship that originates from marriage as an act, equality and non-discrimination of men and women to the rights and obligations towards children, equality, and non-discrimination in the consequences of ending a marriage. The elaboration and legal basis of the situations cited above will be the purpose of this paper, seen from the perspective of domestic and international legislation, as well as judicial practice. Legal reforms in the aspects of legal equality and non-discrimination in family and marital life have been and will remain a dynamic and continuous process as long as the dominant elements is human nature. This is reflected in internal normative acts such as the Family Code, but also in ratified international instruments and the jurisprudence of the ECHR. While the facts and results show that there is still significant gender inequality between family members, this should be taken as an incentive not only for other legal reforms but also for social policies in the future.

Received: 19 February 2024 / Accepted: 21 March 2024 / Published: 23 March 2024