Protection of the family by the state as a constitutional obligation in light of international documents

The study comprises sections from a comprehensive academic work that examines the protection of the family within the framework of constitutional regulations in Turkey and international human rights law. It delves into the concept of family and the provisions related to its protection as outlined in international documents such as the Universal Declaration of Human Rights and the European Convention on Human Rights. By analyzing these definitions and the case law of the European Court of Human Rights (ECHR), the study evaluates the legal structure and protection of the family. Alongside Article 41 of the Turkish Constitution and the decisions of the Constitutional Court, relevant provisions in the Turkish Civil Code and Turkish Penal Code are also reviewed. Furthermore, the relationship between liberal and social state principles and the family is examined. The primary aim of this study is to determine whether the constitutional protection of the family is a necessity and to identify the state's active and passive obligations in safeguarding the family.