Menu
14/09/2005
British in-laws marriage ban ‘breaches human rights’
A British law, which prevents marriage between in-laws, could be scrapped, after the European Court of Human Rights ruled that it was a breach of human rights.
The European Court of Human Rights in Strasbourg made the ruling in a case brought by a Warrington couple, a British father-in-law and daughter-in-law, who had been refused permission to marry by Warrington Registry Office.
The man, identified in court as 'B', who is nearly 60, developed a relationship with L, who is nearly 20 years younger, after her marriage to his son broke down. B, who divorced his first wife in 1987, subsequently remarried, but the marriage ended in divorce in 1997. L had married B’s son from his first marriage – identified in court as C – and the couple had a son – identified in court as W – before their divorce, also in 1997.
The court heard that a relationship developed between B and L, following C’s departure from the marital home in 1995 and that the couple had lived together since 1996. B and L said that they both plan to adopt W, as permitted under UK domestic adoption law, and that he now refers to B, who is his grandfather, as ‘Dad’.
The couple were refused permission to marry, because, under the Marriage Act 1949, the marriage could only go ahead if both parties were over 21 and both former spouses were dead. Amendments made to the Act in 1986 in order to lift the ban were not adopted.
The European Court said that the ban meant that B and L were “ unable to obtain legal and social recognition of their relationship.”
The verdict stated: “The Court observed that the bar on marriage, although pursuing a legitimate aim in protecting the integrity of the family, did not prevent such relationships occurring.
“Furthermore, since no incest, or other criminal law provisions prevented extra-marital relationships between parents-in-law and children-in-law, it could not be said that the ban on the applicants’ marriage prevented the second applicant’s son from being exposed to any alleged confusion or emotional insecurity.”
The court also said that exceptions had been made in Britain in cases where it was believed that “no harm would ensure” from the marriage taking place.
Judges also referred to a similar previous cases, where the UK Parliament had ruled that barring the marriage “served no useful purpose of public policy.”
B and L were awarded nearly £12,000 in costs and expenses.
The ruling means that the UK government will now have to consider changing the law in order to give parents-in-law and children-in-law the automatic right to marry.
(KMcA/SP)
The European Court of Human Rights in Strasbourg made the ruling in a case brought by a Warrington couple, a British father-in-law and daughter-in-law, who had been refused permission to marry by Warrington Registry Office.
The man, identified in court as 'B', who is nearly 60, developed a relationship with L, who is nearly 20 years younger, after her marriage to his son broke down. B, who divorced his first wife in 1987, subsequently remarried, but the marriage ended in divorce in 1997. L had married B’s son from his first marriage – identified in court as C – and the couple had a son – identified in court as W – before their divorce, also in 1997.
The court heard that a relationship developed between B and L, following C’s departure from the marital home in 1995 and that the couple had lived together since 1996. B and L said that they both plan to adopt W, as permitted under UK domestic adoption law, and that he now refers to B, who is his grandfather, as ‘Dad’.
The couple were refused permission to marry, because, under the Marriage Act 1949, the marriage could only go ahead if both parties were over 21 and both former spouses were dead. Amendments made to the Act in 1986 in order to lift the ban were not adopted.
The European Court said that the ban meant that B and L were “ unable to obtain legal and social recognition of their relationship.”
The verdict stated: “The Court observed that the bar on marriage, although pursuing a legitimate aim in protecting the integrity of the family, did not prevent such relationships occurring.
“Furthermore, since no incest, or other criminal law provisions prevented extra-marital relationships between parents-in-law and children-in-law, it could not be said that the ban on the applicants’ marriage prevented the second applicant’s son from being exposed to any alleged confusion or emotional insecurity.”
The court also said that exceptions had been made in Britain in cases where it was believed that “no harm would ensure” from the marriage taking place.
Judges also referred to a similar previous cases, where the UK Parliament had ruled that barring the marriage “served no useful purpose of public policy.”
B and L were awarded nearly £12,000 in costs and expenses.
The ruling means that the UK government will now have to consider changing the law in order to give parents-in-law and children-in-law the automatic right to marry.
(KMcA/SP)
Related UK National News Stories
Click here for the latest headlines.
27 October 2004
New proposals to tackle forced marriage unveiled
New laws and a specialist, cross-government taskforce to promote human rights and protect victims are being proposed to help prevent forced marriages, the Home Office and Foreign Office have announced today.
New proposals to tackle forced marriage unveiled
New laws and a specialist, cross-government taskforce to promote human rights and protect victims are being proposed to help prevent forced marriages, the Home Office and Foreign Office have announced today.
25 November 2008
New Laws To Protect Victims Of Forced Marriages Introduced
New laws that would protect victims of forced marriage and prevent others from the same fate, have been brought into statute today. The Forced Marriage (Civil Protection) Act 2007 will enable courts to prevent forced marriages and order those responsible for forcing another into marriage to change their behaviour or face jail.
New Laws To Protect Victims Of Forced Marriages Introduced
New laws that would protect victims of forced marriage and prevent others from the same fate, have been brought into statute today. The Forced Marriage (Civil Protection) Act 2007 will enable courts to prevent forced marriages and order those responsible for forcing another into marriage to change their behaviour or face jail.
16 June 2014
Forced Marriage Becomes Criminal Offence
Forcing someone to marry against their will is now a criminal offence. New legislation introduced today by the government is designed to help people in England and Wales. It also applies to UK nationals overseas who are at risk of becoming the victim of a forced marriage.
Forced Marriage Becomes Criminal Offence
Forcing someone to marry against their will is now a criminal offence. New legislation introduced today by the government is designed to help people in England and Wales. It also applies to UK nationals overseas who are at risk of becoming the victim of a forced marriage.
12 December 2012
Scotland Gay Marriage Consultation Begins
A consultation has begun today on a draft bill to introduce gay marriage in Scotland. The plans have received cross party support in the Scottish Parliament. The consultation will investigate views on the legislation.
Scotland Gay Marriage Consultation Begins
A consultation has begun today on a draft bill to introduce gay marriage in Scotland. The plans have received cross party support in the Scottish Parliament. The consultation will investigate views on the legislation.
11 December 2012
CofE Gay Marriage Outlawed
Performing gay marriage ceremonies in the Church of England and Church in Wales is to be banned, the government has announced. The move comes as a result of new 'opt-in' laws which will allow some religious institutions to perform marriage ceremonies for same-sex couples.
CofE Gay Marriage Outlawed
Performing gay marriage ceremonies in the Church of England and Church in Wales is to be banned, the government has announced. The move comes as a result of new 'opt-in' laws which will allow some religious institutions to perform marriage ceremonies for same-sex couples.
-
Northern Ireland WeatherToday:A showery start with outbreaks most frequent north of Lough Neagh and through the morning, before dwindling during the afternoon as the northwest breezes ease and brighter spells of weak sunshine prosper. Maximum temperature 8 °C.Tonight:A dry night, save for a few light showers around the coasts, with prolonged clear spells and light winds bringing a frosty dawn for many in central and southern parts. Minimum temperature -3 °C.
