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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 Court notes that Article 12 grants the right to marry to “men and women”. The French version provides « l’homme et la femme ont le droit de se marier ». Furthermore, Article 12 grants the right to found a family. The applicants argued that the wording did not necessarily imply that a man could only marry a woman and vice versa.
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 ...
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 ...
The right to marry is closely related to the right to family life, however the two rights are not identical. The right to marry is explicitly provided for in all human rights instruments, [12] essentially providing that all people have the right to marry and found a family. The right to family life predominantly refers to an individual's right ...
Hodges, a United States Supreme Court ruling legalising same-sex marriage, [3] which was published just a few days before the ECtHR deliberated in Oliari and Others v. Italy . However, the ECtHR found that, despite the evolution of states in favour of legalising same-sex marriage, there was no violation of Article 12 (right to marry), [ 2 ] and ...
ECtHR found a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights; [3] a violation of Article 12 (right to marry and to found a family); and did not find a violation of Article 13 (right to an effective remedy). It found that no separate issue had arisen under Article 14 (prohibition ...
Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.