article 12 echr
Does Article 12 of the Convention apply to family life?
The text of Article 12 of the Convention is relatively narrow and the interpretation by the Court and by the former European Commission of Human Rights (“the Commission”) has not greatly expanded its scope. Article 12 of the Convention does not apply to family life beyond the point of marriage, other than in respect of founding of a family.
Who can access Article 12?
As a right contained in the ECHR, Article 12 is available to anyone within the jurisdiction of a Council of Europe member state, otherwise considered as a contracting party to the Convention.
Is the right to marry enshrined in Article 12 of the ECHR limited?
Having regard to Article 9 of the Charter of Fundamental Rights of the European Union, the Court no longer considered that the right to marry enshrined in Article 12 of the ECHR must in all circumstances be limited to marriage between two persons of the opposite sex.
What does Article 12 say about marriage?
9. The wording of Article 12 implies that the “right to marry” refers to a marriage between one single man and one single woman in accordance with the principle of monogamy adhered to in the member states (Jonhston and Others v. Ireland, 1986, § 52).
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