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The Human
Rights Act’s 1998 UK Article 12: Right to marry and start a family Demeanour Article 12 protects the right of men and women of
marriageable age to marry and to start a family. See also Respect for your private and family
life. Are there any restrictions to this right? Your right to marry is subject to national laws
on marriage, including those that make marriage illegal between certain types
of people (for example, close relatives), Although the government is able to restrict the
right to marry, any restrictions must not be arbitrary and not interfere with
the essential principle of the right. How does this right apply to transsexual people? The European Court of Human Rights ruled in
2002 that this right extends to transsexual people. They are able to
marry or enter civil partnerships in their acquired gender because of
the Gender Recognition Act 2004, the Marriage (Same Sex Couples) Act 2013 and
the Marriage and Civil Partnership (Scotland) Act 2014. What the law says; Article 12: Right to marriage Example case - B & L v the United Kingdom [2005] English law prevented a parent-in-law from marrying
their child-in-law unless both had reached the age of 21 and both their
respective spouses had died. B was L’s father-in-law, and they wished to
marry. L’s son treated his grandfather, B, as ‘Dad’. The court accepted the
Government’s argument that the law had the valid aim
of protecting the family and any children of the couple. But it held that
their right to marry had been violated. The law was based primarily on
tradition, and there was no legal reason why a couple in this situation could
not have a relationship. There had also been several cases where couples in
the same circumstances had obtained exemptions by personal Acts of Parliament
(laws for the benefit of individuals). This showed that the objections to
such marriages were not absolute. (Case summary taken from ‘Human rights, human
lives: a guide to the Human Rights Act for public authorities. Download the
publication for more examples and legal case studies that show how human
rights work in practice.) |