Article 12 of the European Convention on Human Rights provides for the right to marry. [1 ]
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right
Application [ edit ]
Article 12 has not been as widely used as Article 8 in arguments for rights regarding family and relationships, but it has played in a role in counter-arguments to sham marriage accusations and it is playing a growing role in challenges to laws regarding same-sex unions.
Case law [ edit ]
Limitations on marriage found permissible:
Limitations on marriage found impermissible:
F v Switzerland (1987) — ban of marriage before three years after divorce in which the applicant was found responsible
B and L v UK (2005) — ban of marriage between a man and the former wife of his son during son's and son's mother's lifetime
Draper v UK (1980) — lack of opportunity to marry for a prisoner
Christine Goodwin v UK (2002) — lack of opportunity to a transsexual to marry a person of now-opposite sex, Rees overturned
Literature [ edit ]
Harris, David; O'Boyle, Michael; Warbrick, Colin (2009). Law of the European Convention on Human Rights (2nd ed.). New York: Oxford University Press. pp. 549–556. ISBN 978-0-406-90594-9.
References [ edit ]