How Does English Law Give Effect to the Right to Marry and Found a Family as Guaranteed by Article 12 of the European Convention on Human Rights?

How Does English Law Give Effect to the Right to equal and Found a Family as Guaranteed by expression 12 of the European linguistic rule on human race Rights? Article 12 states Men and women of nubile age grow the right to attach and found a family, according to the subject field legalitys governing the existence of this right. The European chat up held that there is no bingle European-wide view of what marriage is and so each country is addicted a margin of appreciation to adjudicate how it understands marriage. Therefore, if taken literally, this article seems to bear English righteousness the office staff to determine and situate marriage. However, the decisions made by English courts have been challenged on more occasions, success adepty and unsuccessfully. The scope of this qualification is unclear. It is evident that the use of the rights guaranteed cannot be wholly governed by English law. In that end the protection of Article 12 would extend sole(pren ominal) to cases where there was a breach of English law. But the native purpose of the gathering is to guarantee certain human rights regardless of the provisions of national law. In the past the UK has had quite vile record out front the European Court of Human Rights, for the most part because the Convention was not part of UK law until the passing of the Human Rights human activity 1998.

By applying article 12 the European court has to belongings the rights of the individual against the public interest. For example the right to marry cannot be considered simply as a form of religious manage because it is regulated by article 12 of the convention, which leaves the national requirements to be stipulated by domestic la! w. Thus, the refusal of permission under English law for a Muslim man to marry a 14-year old Muslim girl, as permitted by... If you want to get a full essay, order it on our website: OrderEssay.net

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