{"title":"The Received View about the Right to Marry: A Critique","authors":"Bartosz Biskup","doi":"10.1093/hrlr/ngae003","DOIUrl":null,"url":null,"abstract":"This article reconstructs a Received View of the right to marry in the European Convention on Human Rights and provides its philosophical interpretation. According to the Received View, the right to marry is a right to a legal institution of marriage. Recent case law from the European Court of Human Rights is analysed, with a focus on the protection and recognition of personal relationships under the law. According to the Fedotova case, the rights pertaining to the protection of conjugal relationships stem from the right to family life. The problem of non-distinctiveness of the right to marry is being discussed. If substantial rights protecting conjugal couples stem from the right to family life, then the right to marry does not offer any additional protection for the couple. The Received View addresses this issue. However, it is politically and morally unjust.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"6 1","pages":""},"PeriodicalIF":1.6000,"publicationDate":"2024-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Human Rights Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/hrlr/ngae003","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
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Abstract
This article reconstructs a Received View of the right to marry in the European Convention on Human Rights and provides its philosophical interpretation. According to the Received View, the right to marry is a right to a legal institution of marriage. Recent case law from the European Court of Human Rights is analysed, with a focus on the protection and recognition of personal relationships under the law. According to the Fedotova case, the rights pertaining to the protection of conjugal relationships stem from the right to family life. The problem of non-distinctiveness of the right to marry is being discussed. If substantial rights protecting conjugal couples stem from the right to family life, then the right to marry does not offer any additional protection for the couple. The Received View addresses this issue. However, it is politically and morally unjust.
期刊介绍：
Launched in 2001, Human Rights Law Review seeks to promote awareness, knowledge, and discussion on matters of human rights law and policy. While academic in focus, the Review is also of interest to the wider human rights community, including those in governmental, inter-governmental and non-governmental spheres, concerned with law, policy, and fieldwork. The Review publishes critical articles that consider human rights in their various contexts, from global to national levels, book reviews, and a section dedicated to analysis of recent jurisprudence and practice of the UN and regional human rights systems.
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