Article 12 of European Convention on Human Rights
Share
Article 12 of the European Convention on Human Rights (ECHR) addresses the right to marry and the right to found a family. This article recognises the importance of individuals' freedom to marry and establish a family without undue interference from the state.
Article 12 – Right to Marry and Found a Family
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Right to marry: Article 12 establishes the right of men and women who have reached marriageable age to marry. The exact age at which an individual is considered "marriageable" may vary between countries and is determined by national laws.
Right to found a family: In addition to the right to marry, Article 12 also recognises the right to found a family. This encompasses the right to have children and raise a family, as well as to enjoy family life.
Subject to national laws: While Article 12 recognises these rights, it explicitly states that they are subject to national laws. This means that the exercise of the right to marry and found a family must be in accordance with the legal framework of the member state in question.
Gender equality: Article 12 emphasises that both men and women have equal rights to marry and found a family, promoting the principle of gender equality.
Protection against forced marriage: Article 12 is also relevant in cases involving forced or arranged marriages, as individuals have the right to enter into marriage voluntarily, without coercion.
Interference with family life: Interference with the right to marry and found a family can constitute a violation of Article 8 of the ECHR, which protects the right to respect for private and family life.
Article 12 of the ECHR is a fundamental provision that safeguards the right to marry and establish a family. It protects the personal autonomy and freedom of individuals in deciding whom they wish to marry and whether they wish to have children. However, as with other human rights, this right is not absolute and may be subject to limitations imposed by national laws, provided such limitations are in accordance with the principles of legality and proportionality.
Article 12 – Right to Marry and Found a Family
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Right to marry: Article 12 establishes the right of men and women who have reached marriageable age to marry. The exact age at which an individual is considered "marriageable" may vary between countries and is determined by national laws.
Right to found a family: In addition to the right to marry, Article 12 also recognises the right to found a family. This encompasses the right to have children and raise a family, as well as to enjoy family life.
Subject to national laws: While Article 12 recognises these rights, it explicitly states that they are subject to national laws. This means that the exercise of the right to marry and found a family must be in accordance with the legal framework of the member state in question.
Gender equality: Article 12 emphasises that both men and women have equal rights to marry and found a family, promoting the principle of gender equality.
Protection against forced marriage: Article 12 is also relevant in cases involving forced or arranged marriages, as individuals have the right to enter into marriage voluntarily, without coercion.
Interference with family life: Interference with the right to marry and found a family can constitute a violation of Article 8 of the ECHR, which protects the right to respect for private and family life.
Article 12 of the ECHR is a fundamental provision that safeguards the right to marry and establish a family. It protects the personal autonomy and freedom of individuals in deciding whom they wish to marry and whether they wish to have children. However, as with other human rights, this right is not absolute and may be subject to limitations imposed by national laws, provided such limitations are in accordance with the principles of legality and proportionality.
