p. 74515. Article 12: The Right to Marry and to Found a Family
- David Harris, David HarrisEmeritus Professor in Residence, and Co-Director, Human Rights Law Centre, University of Nottingham
- Michael O’boyle, Michael O’boyleDeputy Registrar of the European Court of Human Rights (2006–2015)
- Ed Bates, Ed BatesAssociate Professor, School of Law, University of Leicester
- Carla M. Buckley, Carla M. BuckleyInternational Human Rights Lawyer
- KreŠimir Kamber, KreŠimir KamberRegistry Lawyer, European Court of Human Rights
- ZoË Bryanston-Cross, ZoË Bryanston-CrossRegistry Lawyer, European Court of Human Rights
- Peter CumperPeter CumperProfessor of Law, University of Leicester
- and Heather GreenHeather GreenIndependent Researcher
Abstract
This chapter discusses Article 12 of the European Convention on Human Rights, which protects the right to marry and to found a family, subject to a wide power on the part of states to regulate the exercise of the right. National law may regulate the form and capacity to marry, but procedural or substantive limitations must not remove the essence of the right. The right to marry does not extend to same-sex marriage and there is no right to divorce. However, persons who are transgender are guaranteed the right to marry persons of their now opposite sex.
