THE RIGHT TO FORM A FAMILY BETWEEN BINDING INTERNATIONAL TEXTS AND LOCAL CULTURAL CONTEXTS: A CRITICAL ANALYTICAL STUDY

Abstract

The right to form a family is a fundamental human right that has undergone significant transformations in recent decades, driven by shifting social, economic, and cultural contexts. Despite its recognition as a universal human right, the concept of family and the right to form one remain culturally relative, influenced by diverse traditions, values, and beliefs. This research explores the complex interplay between the universality of human rights and the relativity of cultural contexts, with a focus on the right to form a family.

The study analyzes the global legal framework governing the right to form a family, including international treaties and conventions that affirm the importance of family as the basic unit of society. It also examines the impact of cultural diversity, globalization, and Western cultural imperialism on the exercise of this right, highlighting the tensions between universality and relativity.

The research reveals that the concept of family is multifaceted, encompassing diverse forms, structures, and relationships, and that the right to form a family is shaped by a complex array of factors, including cultural norms, traditions, and values. It argues that the universality of human rights must be balanced with the recognition of cultural relativity, to ensure that the right to form a family is exercised in a manner that respects the diversity of human experiences and contexts