6.1. Civil Society, Political Society

62. The Church recognizes and supports the State's indispensable duty to defend and promote human rights. Political institutions have the natural responsibility to provide a fair juridical framework so that all the social communities can cooperate in achieving the common good. The principle of subsidiarity itself is a principle of the common good. This common good has to be considered on the broadest level as being universal. Therefore, human rights—and especially the rights of the family—can only develop by acting in conformity with solidarity. "The teaching of the Church has elaborated the principle of subsidiarity, according to which ‘a community of a higher order should not interfere in the internal life of a community of a lower order, depriving the latter of its functions, but rather should support it in case of need and help to coordinate its activity with the activities of the rest of society, always with a view to the common good'⁵²".⁵³

63. The Universal Declaration not only explicitly recognizes the distinction between the society and the State, but it also gives value to the contribution to the common good by many communities that make up what Tocqueville called "civil society" in contrast with "political society". The raison d'être of political society is the exercise of power with recourse to coercion, if necessary. It is for this reason that the exercise of power should be strictly controlled by constitutional rules. The State cannot intervene in the areas where the initiative of individuals, communities and undertakings is sufficient.

64. This distinction confirms the well-grounded principle of subsidiarity. Whereas political society has constant recourse to power, its agents and rules, civil society makes use of affinities, voluntary alliances and natural forms of solidarity. This distinction thus clarifies the rich reality of the family: it is the central nucleus of civil society; it surely has an important economic role but its roles are many and, above all, it is a community of life, a natural community. Moreover, since it is founded on marriage, it presents a cohesion that is not necessarily found in the intermediate bodies.

65. During the last decades, a negative impact has been produced because the family has suffered the same attacks which the State has made on other intermediate bodies by suppressing them and trying to govern them in its own image. When the State claims the power to regulate family bonds and emits laws that do not respect this natural community, which is prior to the State,⁵⁴ it is feared that the State may make use of families in its own interests, and instead of protecting them and defending their rights, it will weaken or destroy them in order to dominate peoples.

66. The Universal Declaration warns about these deviations. It recognizes the right of a man and a woman to marry ⁵⁵ and to found a family. In line with the teaching of the Second Vatican Council, Pope John Paul II recalled that the family is the "first and living cell of society".⁵⁶ The Declaration emphasizes that this "fundamental and natural" ⁵⁷ cell requires the protection not only of the State but also of society. Therefore, the Declaration promotes the development of the family in the midst of other communities, while stressing the unique character of this natural institution.