Research On The Impact Of The Concept Of Human Rights On British Marriage And Family Legislation

As a basic lifestyle and social unit of human beings,marriage and family involve a variety of groups such as husband and wife,the elderly and children.It has a major impact on social stability and population succession.It is the most important part of private law.It is about the pursuit and realization of happiness for everyone,and it also inevitably involves the demand and protection of human rights.Since the Second World War,international human rights instruments have sprung up.As the country integrates human rights into the rule of law system,rights appeals relentlessly assimilate into families from different angles: marriage rights,divorce rights,reproductive rights,sexual orientation rights,children's rights,parental rights,custody rights,etc.The traditional marriage and family system has collapsed,and the modern marriage and family law,which is full of human rights values,has gradually flourished.As the source of the Anglo-American legal system,British marriage and family law has a long history and continuity,it was one of the most extensive and the most successful implementation of human rights concept and protection in the marriage and family law.Whether in history or in the contemporary,British marriage and family law is representative and extremely valuable.In this paper,the Enlightenment and the World War II divide the transformation of the British marriage and family law into three stages,and comprehensively sort out the British marriage and family law system at all stages.Exploring the human rights dilemma of the British marriage and family law before the Enlightenment;demonstrating the rise of the concept of human rights in the Enlightenment and the influence of the human rights thoughts of the main British philosophers on the British marriage and family law;proving that the impact of the human rights concept on marriage and family law has gone from being ought to being true,from conception to institutionalization and globalization,and analyzing how human rights concept affects modern British marriage and family law in all aspects.