PONTIFICAL COUNCIL FOR THE FAMILY
THE FAMILY AND HUMAN RIGHTS
We have recently celebrated the fiftieth anniversary of the Universal Declaration of Human Rights. This Declaration was certainly a conquest for humanity: it is based on the dignity of the person, and promotes and defends respect for peoples and for every one of their members. The Declaration has already been the object of the reflections of the Second Meeting of European Politicians and Lawmakers (Vatican City, October 1998), and the Third Meeting of American Politicians and Lawmakers (Buenos Aires, August 1999), both organized by the Pontifical Council for the Family.
The Declaration has surely not eliminated the many attacks and violations of human rights that have been perpetrated during its 50 years in force. However, there is no doubt that recognition of its principles is always a notable stimulus for the spirit and practice of justice, both within nations and in relations between States, when its true "universality" is preserved and when it is not subject to fragmentation that can take away its original spirit.
Among the fundamental rights, the Declaration recognizes the Family as "the natural and fundamental group unit of society" (Art. 16). We now offer a reflection on the Rights of the Family in the context of the Universal Declaration, the fruit of a seminar in which a large group of experts in different disciplines took part.
For practical reasons and to aid their dissemination and knowledge, we are also offering the texts of the United Nations Universal Declaration of Human Rights itself and the Charter of the Rights of the Family of the Holy See in this publication. The Charter is in itself a deep reflection and development in the light of reason of what is already indicated in the Declaration. These documents are not always readily available.
The reflection we are presenting on the occasion of this fiftieth anniversary is an instrument for dialogue and a scientific exchange of ideas on themes that affect the fundamental values of the person and of society.
Alfonso Cardinal López Trujillo
Most Rev. Francisco Gil Hellín
1.1. A Meeting Point
1. We, a group of experts and other persons committed to the cause of the family and life,1 have met at the invitation of the Pontifical Council for the Family, to reflect for three days (December 14-16, 1998) on the theme: "Human Rights and the Rights of the Family". We join with great hope in the celebration of the fiftieth anniversary of the Universal Declaration of Human Rights, promulgated by the United Nations on December 10, 1948.2
2. With the present document (that is limited to some considerations of particular importance and which we are pleased to offer as the basis for further, deeper considerations), we wish to recognize the Declaration's significance and force, and go forth in the perspective both of its true universality and its complete application. We recognize the Declaration's value and on-going capacity to inspire because we share elements of the one same truth. Sharing the truth is a necessary condition for human coexistence. We certainly do not ignore the reservations to which the Declaration may have given rise: it could favor individualism and subjectivism. In this sense, various critiques have been made of it. However, it is good to stress the great convergence between this Declaration and Christian anthropology and ethics,3 despite the fact that the document makes no reference to God. There is also a conceptual proximity regarding the points admitted as being natural in that they are based on the common conscience of humanity. For this reason, it is certainly not a question of rights created by the Declaration but rather of rights which it recognizes and codifies. "The Universal Declaration is very clear: it recognizes the rights it proclaims, it does not grant them".4 Moreover, the Declaration recognizes "the inherent dignity and the equal and inalienable rights of all the members of the human family",5 and this constitutes a "meeting point" for joint reflection and action.
3. Out of 