Right to marry (Article 12 of the ECHR)
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Article 12 of the ECHR guarantees the right to marry and to found a family for persons who meet the requirements for entering into a marriage and founding a family. This human right does not relate to the right to divorce.1698 Furthermore, Article 12 of the ECHR does not require that States take actions aimed at encouraging people to found a family, such as, for example, medical assistance or treatment of infertile couples free of charge. This right does not provide that married prisoners are permitted conjugal visits. Finally, this right does not impose an obligation on a State to ensure, upon a request, a reunion of spouses in BiH in cases where one spouse is living abroad and does not have BiH citizenship.1699
However, a prohibition of remarriage for three years after a divorce is in contravention of Article 12 of the ECHR, as the mentioned prohibition is disproportionate to the legitimate aim that is sought to be achieved – the protection of the institution of marriage.1700 In addition, a legal provision prohibiting a person to enter into a marriage while serving a prison sentence is in contravention of the right to marry under Article 12 of the ECHR.1701
Footnotes
AP 2647/05, paragraph 11, in conjunction with the ECtHR, Johnston et al. v.
Ireland, 18 December 1986, Series A No. 112, paragraph 51 et seq. AP 2647/05, paragraph 11, in conjunction with the ECtHR, Hammer v. the United Kingdom, Application No. 7114/75 of 13 December 1979, DR 24, and Abdulaziz, Cabales and Balkandali v. the United Kingdom, 28 May 1985, Series A No. 94.
AP 2647/05, paragraph 11, in conjunction with the ECtHR, F. v. Switzerland, 18 December 1987, Series A No. 112.
AP 2647/05, paragraph 11, in conjunction with the ECtHR, Draper v. the United Kingdom, Application No. 8186/78, DR 72 and 81 (1980).