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Article 12 of the European Convention on Human Rights provides for the right to marry.

Text

Men and women of marrigeable age have the right to marry and to found a family, according to the national laws governing the exercise of this rights

Case law

  • 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

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 978-0-40-690594-9. 


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