Friendships are important. Could (or should) they be legally recognised?
For many people, friends play second fiddle to partners and family. Here’s what legal recognition could change, and why getting there is tricky.
Friendships play a crucial role in our lives, providing a sense of belonging, recognition, and care. Despite their importance, friendships often take a backseat to family and romantic relationships, which have enjoyed legal recognition and a higher social status. The fluid nature of friendships, characterized by their choice and flexibility, makes it challenging to define and draw clear boundaries.
Sociologists argue that the historical focus on heterosexuality and the nuclear family has contributed to the devaluation of friendships, which have been seen as more institutionalized and less flexible than romantic or familial bonds.
Research has consistently demonstrated the positive impact of strong friendships on wellbeing and health. A 2023 systematic review of studies found that adult friendship is positively correlated with overall wellbeing, while longitudinal research in Australia has shown that positive relationships, including friendships, are a major predictor of life satisfaction. However, the importance of friendships continues to be overlooked in favor of romantic and familial ties.
Recently, a French member of parliament, Clémence Guetté, introduced a legislative proposal to legally recognize friendships, similar to marriage and family ties. This proposal would grant friendships legal recognition and extend rights related to care-giving, bereavement leave, housing, and inheritance. While the proposal faces challenges in becoming law, it underscores the need for legal systems to adapt to evolving social norms and relationships.
In Belgium and Australia, individuals living together – whether as a couple, friends, or family – have been able to apply for various forms of legal cohabitation, which establish mutual rights around housing, expenses, and inheritance. However, legal recognition of friendships remains limited, and there are challenges in defining and granting legal rights to friendships without undermining their inherent freedom and flexibility.
While there are potential benefits to legally recognizing friendships, such as providing support for kinless individuals, legitimizing non-traditional relationships, and boosting the collective importance of friendship for wellbeing, there are also challenges to consider. These include the difficulty in standardizing a definition of friendship, resolving competing claims within multiple significant friendships, and avoiding the exploitation of friendship's essence.
As societies continue to evolve, the recognition of friendships may become increasingly important, but finding the right balance and addressing the inherent challenges will require careful consideration and thoughtful legislation.
Written by urgent.news from The Conversation AU's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
