Article 12 of the European Convention on Human Rights
Article 12 of the European Convention on Human Rights provides for the right to marry.
|“||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||”|
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.
- 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
Johnson, Paul (2015). 'Is Article 12 of the European Convention on Human Rights applicable to same-sex couples?'. European Courts.
- Convention for the Protection of Human Rights and Fundamental Freedoms
- 1 Crown Office Row, Article 12 - Right to marry/found family, UK Human Rights Blog
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