The Right to Found a Family and the Right to Parenthood. Remarks on Articles 2 and 3 of the Charter of the Rights of the Family
The Right to Found a Family and the Right to Parenthood. Remarks on Articles 2 and 3 of the Charter of the Rights of the Family

Summary/Abstract: Family is a basic social unit, a subject of rights and duties. This enunciation, included in no. 46 of the post-synodal Apostolic Exhortation Familiaris consortio — never ageing and still the most important post-conciliar document of the papal de matrimonio ac familia Magisterium — precedes a well-known announcement: The Holy See will undertake the work of deepening the issues in question and will prepare the Charter of the Rights of the Family (CRF). Analyses of this study, assuming a very broad doctrinal range, refer not only to the “title” of articles 2 and 3 of the CRF, but also to points B, C, D of the document’s preamble, which harmonize with their normative overtone. Therefore, the structure of the study is as follows: 1. The origins of the family: “the free and full [matrimonial] consent”; 2. Exclusiveness of the “the mission of transmitting life”: the responsible parenthood; 3. Sovereignty of the family: protection/promotion of its “inherent rights which are inalienable.”

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