Lessons 4 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
4
Personal rights and duties of spouses
Textbook: pp. 19–22
GoalKnow when the rights and duties of spouses arise, what the personal non-property rights are (surname, occupation, residence, upbringing of children) and the grounds for deprivation of parental rights.
New words
the rights and duties that arise between spouses on registration · Er-xotinlik huquqlarithe set of parents’ rights and duties towards a child · Ota-onalik huquqilegal representative, e.g. a parent acting for a minor · Qonuniy vakilguardianship and trusteeship body protecting those without parental care · Vasiylik va homiylik organi
Explanation
The rights and duties of spouses arise from the moment the marriage is registered at the civil registry office. From then their relations are governed by law and not only by moral rules. Their personal non-property rights are equal: spouses freely choose occupation, activity and residence and settle family matters by agreement, and they decide on a surname by taking one spouse’s surname or keeping their own; after divorce a person may also keep the chosen surname. Parents are equally responsible for raising their children and for their health, education and moral development, and they are the legal representatives of a minor child. If parents treat a child cruelly, harm upbringing through alcohol or drug abuse or abuse their rights, a court, with the participation of the prosecutor and the guardianship body, may deprive them of parental rights; this does not release them from paying maintenance. A court may also remove a child from the parents (restriction of parental rights) without depriving them of those rights.
Worked examples
Surname: Malika married, but because she is known professionally under her name she chose to keep her surname. This is her right and her husband cannot force a change. If they later divorce she may remain in whichever surname she prefers.
Legal representation: 15-year-old Sardor wants to sign a mobile phone contract. Because he is between 14 and 18, such a transaction usually needs his parents’ consent; if a dispute arises, his parents also protect his interests as his legal representatives. A child cannot yet fully defend his rights alone.
Class activity
Role play: “Family council”. Three students play father, mother and teenager who decide by agreement which club the child should attend; observers assess whether the decision serves the child’s interests.
Practice
1
From which moment do spouses’ rights and duties arise?
From the moment the marriage is registered at the civil registry office.
2
What do personal non-property rights include? Name three.
Choice of surname, choice of occupation and residence, and deciding on the upbringing of children and family life.
3
Who takes part, and which body decides, in cases on deprivation of parental rights?
A court decides; the prosecutor and the guardianship and trusteeship body take part in the case.
4
Why is a parent deprived of parental rights still not released from paying maintenance? Justify your view.
Because material support is the child’s right; the duty to support a child follows from parenthood, while deprivation is a measure to protect the child, not a way for parents to escape the duty.