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Archive for the ‘Art. 12 | Right to Marry / Found Family’ Category

Can a homosexual person adopt his or her partner’s child? The case of Gas and Dubois v France.

Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Children, Discrimination, Family, In the news, Poor reporting on March 29, 2012 | 2 Comments »

Gas and Dubois v France (2012) (application no 25951/07).  Read judgment (in French). The French government did not violate articles 8 (right to respect for private and family life) and 14 ECHR (right not to be discriminated against in one’s enjoyment of Convention rights and freedoms) in not allowing one partner in a homosexual couple to [...]

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Should gay marriage be legalised?

Posted in Art. 12 | Right to Marry / Found Family, Art. 8 | Right to Privacy/Family, Discrimination, In the news, Margin of Appreciation, Politics / Public Order, tagged on March 15, 2012 | 1 Comment »

The Government has begun its consultation on whether the ban on marriage between people of the same sex should be removed. As suggested by the consultation’s title - Equal civil marriage consultation - the Government is only proposing to remove the ban on civil gay marriage. The consultation document makes clear that it is “limited to consideration of civil marriage [...]

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Gay marriage on the way… but not quite yet

Posted in Art. 12 | Right to Marry / Found Family, Art. 8 | Right to Privacy/Family, European, Family, In the news, Margin of Appreciation, tagged on October 10, 2011 | 3 Comments »

In his Conservative Party Conference speech the Prime Minister David Cameron signalled his strong support for the legalisation of gay marriage. He said: Conservatives believe in the ties that bind us; that society is stronger when we make vows to each other and support each other. So I don’t support gay marriage despite being a [...]

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Squaring equality with religion – Aidan O’Neill QC

Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Features, In the news, Public/Private, Religion, Social Care on March 29, 2011 | 6 Comments »

The relationship between the expression of religious beliefs and practice and equality law is a fraught one, and particular difficulty has been experienced in the matter of the application of the law outlawing discrimination. Equality law, as currently interpreted, treats the six prohibited grounds of discrimination – age, disability, race, religion, sex (including transgender status) [...]

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Will churches really be sued for not allowing civil partnerships?

Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Family, In the news, Religion, tagged , on February 24, 2011 | 7 Comments »

On 17 February the Home Secretary announced that the government was moving ahead with changes to the Civil Partnership Act 2004 which would allow the registration of civil partnerships to take place in religious premises. While welcomed by many, some have voiced concerns that permission will inevitably become coercion. They fear that religious organisations may face [...]

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Policy to prevent forced marriages “arbitrary and disruptive”, says Court of Appeal

Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, Family, Immigration/Extradition, tagged on January 4, 2011 |

Quila & Ors v Secretary of State for the Home Department & Ors [2010] EWCA Civ 1482 – Read judgment A key part of the government’s strategy to combat forced marriages, preventing people under the age of 21 from entering the country to marry, has been heavily criticised by the Court of Appeal. The decision [...]

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UK scheme to police sham marriages slammed by Human Rights court

Posted in Art. 12 | Right to Marry / Found Family, Art. 8 | Right to Privacy/Family, Art. 9 | Thought/Conscience/Religion, Case comments, Case summaries, European, Family, Immigration/Extradition, In the news on December 16, 2010 |

O’Donoghue and Others v. the United Kingdom(application no. 34848/07): The government’s system for preventing sham marriages as an entry ploy for immigrants breached the right to marry and was discriminatory – read judgment. By the time this case was lodged the Certificate of Approval Scheme had been much diluted by a series of amendments, but [...]

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European states will not be forced to allow gay marriage

Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Case summaries, European, Family, Margin of Appreciation, tagged on November 30, 2010 | 3 Comments »

Schalk and Kopf v. Austria (application no. 30141/04) – Read judgment / press release / press release 2 The European Court of Human Rights has refused permission to appeal in a challenge to the ban on gay marriage in Austria. The effect of the decision is to make the court’s rejection of the same-sex couple’s [...]

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Gay marriage rules to be challenged, but courts may say decision is Parliament’s

Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Family, In the news, tagged , on November 1, 2010 |

Campaigners are seeking to challenge the rules against gay marriages and straight civil partnerships in the UK. If they succeed then this would resolve the somewhat jumbled present position, where gay couples can form civil partnerships – which look almost exactly like marriages but aren’t – whereas straight couples are barred from doing the same. [...]

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Little chance of US-style gay marriage ruling here

Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Family, In the news, International, tagged on August 5, 2010 |

A Federal court in California has struck down a ban on gay marriage in the state, marking the first step on a path to a United States Supreme Court decision on the issue. A similar decision is unlikely here, however, given a recent European Court of Human Rights ruling on gay marriage. Ultimately, only Parliament [...]

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Has the time come for gay marriage in the UK?

Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Family, In the news, tagged , on July 21, 2010 |

The deputy leader of the Liberal Democrats has said that gay couples are likely to gain full rights to marriage under the current Parliament. This would represent a revolution for gay rights, but there is still a long way to go before same-sex couples achieve full rights to marriage as they are arguably entitled to [...]

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A good and bad week for gay rights

Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, In the news, Margin of Appreciation, tagged , on July 9, 2010 |

In two recent but separate developments, homosexuals fleeing persecution have been granted a lower threshold for refugee status and the Strasbourg Court has rejected a complaint by a same sex couple that Austria was in violation of the Convention for not granting them the right to marry. We posted earlier on the case of HJ [...]

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Are civil partnerships compatible with human rights law?

Posted in Art. 12 | Right to Marry / Found Family, Art. 8 | Right to Privacy/Family, Family, tagged on March 17, 2010 |

Baroness Deech, the Chair of the Bar Standards Board, has given the second lecture in her series on family law at Gresham College. In this lecture she questions whether the current law of marriage is compatible with human rights law. In particular, homosexual couples cannot legally marry, and hetrosexual couples are disbarred from entering civil partnerships. [...]

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