家庭是人们生息繁衍、感情交流的重要场所,也是构成社会的基本单元和细胞。中国家庭法对儿童、妇女权利的保障体现在权利的享有和实现两方面。以中国加入的联合国《消除对妇女一切形式歧视公约》和《儿童权利公约》为标准,中国儿童、妇女普遍享有平等的家庭权利,但在儿童姓氏权、知晓父母权、免受家庭暴力权、离婚妇女财产权实现方面还存有障碍,需以国际公约确立的儿童最佳利益原则、实质平等理念,检审现行法律、法规和司法解释,推动制定家庭暴力专门法并修改现行相关规定。
<<Family is the basic unit of society,in which people live,procreate,and make emotional contact. The protection by the Chinese family law of the rights of children and women is embodied in the enjoyment and realization of rights. An assessment based on the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child,to both of which China is a state party,shows that currently children and women in China generally are able to enjoy equal family rights. However,China is still faced with many obstacles in realizing some rights of women and children,including children’s rights to a family name and to know their parents,the right to be free from domestic violence,and the property right of divorced women. The Chinese government needs to review its current laws,administrative regulations and judicial interpretations to see whether they conform to the principle of the best interest of the child,the principle of substantive equality,and other principles established by international conventions and promote the adoption of the Law against Domestic Violence and the revision of other relevant laws and regulations.
<<Keywords: | Children’s Family RightsWomen’s Family RightsConvention on the Right of the ChildConvention on the Elimination of All Forms of Discrimination against WomenFamily Law |