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The Human Rights Act 4. Article 12: Right to marry Pages in this section T * The Human Rights Act * Article 2: Right to life * Article 3: Freedom from torture and inhuman or degrading treatment * Article 4: Freedom from slavery and forced labour * Article 5: Right to liberty and security * Article 6: Right to a fair trial * Article 7: No punishment without law * Article 8: Respect for your private and family life * Article 9: Freedom of thought, belief and religion * Article 10: Freedom of expression * Article 11: Freedom of assembly and association * Article 12: Right to marry * Article 14: Protection from discrimination * Article 1 of the First Protocol: Protection of property * Article 2 of the First Protocol: Right to education * Article 3 of the First Protocol: Right to free elections * Article 1 of the Thirteenth Protocol: Abolition of the death penalty Article 12 protects your right to marry 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 Men and women of marriageable age shall have the right to marry and to found a family, according to national laws governing the exercise of this right. 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’. 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Last updated: 15 Nov 2018 Pages in this section * The Human Rights Act * Article 2: Right to life * Article 3: Freedom from torture and inhuman or degrading treatment * Article 4: Freedom from slavery and forced labour * Article 5: Right to liberty and security * Article 6: Right to a fair trial * Article 7: No punishment without law * Article 8: Respect for your private and family life * Article 9: Freedom of thought, belief and religion * Article 10: Freedom of expression * Article 11: Freedom of assembly and association * Article 12: Right to marry * Article 14: Protection from discrimination * Article 1 of the First Protocol: Protection of property * Article 2 of the First Protocol: Right to education * Article 3 of the First Protocol: Right to free elections + Promoting free and fair elections * Article 1 of the Thirteenth Protocol: Abolition of the death penalty * Accessibility statement * Complaint policy and procedure * Contact us * Freedom of Information Act policy * Privacy notice * Cookies policy * Terms of use * Website feedback * Welsh language standards * Sort results: [Language: English] Stay informed Join our email newsletter mailing list to stay up to date with campaigns, news and guidance. 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