Publication date: 10.06.2024
Legal Aspects of Protecting Women's Rights in Family Relations
Introduction
Protection of women's rights in family relationships is an important component of modern legal regulation. In Ukraine, this issue is regulated by a number of legal acts, including the Constitution of Ukraine, the Family Code of Ukraine, the Law of Ukraine "On Prevention and Counteraction to Domestic Violence" and others. In this article, we will examine the main legal aspects of protecting women's rights in family relationships, including rights and obligations, protection from domestic violence, and legal remedies.
Rights and responsibilities of women in family relationships
Equality of rights and obligations
Ukrainian law provides for equal rights and responsibilities for men and women in family relationships. The main principles include:
- Equality in marriage: A man and a woman have equal rights and responsibilities in marriage, including the right to freedom of choice of profession, place of residence, and the right to equal upbringing of children.
- Equality in property rights: Property acquired by the spouses during the marriage is their joint property, regardless of which spouse owns it.
Women's rights in divorce proceedings
When divorcing, women have the right to:
- Division of property: Equal division of joint property acquired during the marriage.
- Alimony: The right to receive alimony for the maintenance of minor children and, in some cases, for one's own maintenance.
- Protection from domestic violence: The right to be protected from any form of violence during and after a divorce.
Protection from domestic violence
Legislative mechanisms
Ukraine has a developed legal framework for preventing and combating domestic violence:
The Law of Ukraine "On Preventing and Combating Domestic Violence":
- Defines the concept of "domestic violence" and its types (physical, psychological, sexual, economic).
- Establishes protection measures, including urgent restraining orders, restrictive orders, programs for offenders, etc.
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The Criminal Code of Ukraine:
- Liability for domestic violence, including imprisonment.
Practical protection measures
Women who suffer from domestic violence have the right to:
- Appealing to the police: Calling the police in case of violence.
- Urgent restraining orders: Immediate removal of the offender from the victim's place of residence.
- Restraining orders: Court orders prohibiting the perpetrator from approaching or contacting the victim.
- Assistance centers: Contact social and psychological assistance centers for support and counseling.
Mechanisms of legal protection
Legal defense
Women have the right to go to court to protect their rights in family relationships:
- Lawsuits for divorce: Filing a lawsuit for divorce demanding the division of property and determination of the place of residence of children.
- Lawsuits for the recovery of alimony: Applying to the court to recover alimony for the maintenance of children and/or for your own maintenance.
