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Article 12 of the European Convention on Human Rights (ECHR) provides for two constituent rights: the right to marry and the right to found a family. [1] With an explicit reference to ‘national laws governing the exercise of this right’, Article 12 raises issues as to the doctrine of the margin of appreciation, and the related principle of subsidiarity most prominent in European Union Law.
The European Union's (EU) Treaty of Lisbon, in force since 1 December 2009, requires the EU to accede to the European Convention on Human Rights (ECHR). Article 6 of the consolidated Treaty on European Union states "The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession ...
Article 12 provides a right for women and men of marriageable age to marry and establish a family. Despite a number of invitations, the court has so far refused to apply the protections of this article to same-sex marriage. The court has defended this on the grounds that the article was intended to apply only to different-sex marriage, and that ...
Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland, Application no. 45036/98 (30 June 2005), was a decision taken by the Grand Chamber of the European Court of Human Rights (ECHR) which held that the Court's role is confined to ascertaining whether the effects of Member States' national adjudications are compatible with the European Convention on Human Rights.
Article 14 and Protocol 12: right to equal treatment, such as ruling against forms of institutional racism against Romani people [121] [122] Protocol 1, Article 1: property rights, including restoration of property illegally confiscated by the state and fair compensation for expropriation [123] [124]
The court further stated that same-sex unions are not protected under art. 12 of ECHR ("Right to marry"), which exclusively protects the right to marry of opposite-sex couples (without regard if the sex of the partners is the result of birth or of sex change), but they are protected under art. 8 of ECHR ("Right to respect for private and family ...
[11] [12] In 2007, the Court ruled that Russia was responsible for the killings of a human rights activist, Zura Bitiyeva, and her family. [13] Bitiyeva herself had filed a complaint against Moscow with the Court in 2000 for abuse while in detention, in the then-second case from Chechnya, but she was murdered in 2003 before the ruling was ...
Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 177) is an anti-discrimination treaty of the Council of Europe. It was adopted on November 4, 2000, in Rome and entered into force on April 1, 2005, after tenth ratification.