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(p. 754) 16. Article 12: The Right to Marry and to Found a Family 

(p. 754) 16. Article 12: The Right to Marry and to Found a Family
(p. 754) 16. Article 12: The Right to Marry and to Found a Family

David Harris

, Michael O’Boyle

, Ed Bates

, and Carla Buckley

Page of

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date: 26 February 2020

This chapter discusses Article 12 of the European Convention on Human Rights, which asserts a relatively narrow right (or possibly rights) to marry and to found a family, subject to a wide power on the part of states to regulate the exercise of the right. Although closely connected with the notions of ‘family life’ and ‘private life’ in Article 8, the Court has not been so receptive to developing the content of Article 12. This has had a particularly inhibiting effect on the right to found a family.

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