The human right to marry: a refugee’s perspective

Date

2018-03-20

Advisors

Journal Title

Journal ISSN

ISSN

0964-9069

Volume Title

Publisher

Taylor and Francis

Type

Article

Peer reviewed

Abstract

In the European Court of Human Rights cases of Muñoz Díaz v Spain in 2009 (Muñoz Díaz v Spain [2009], Application No. 49151/07) and Serife Yigit v Turkey in 2010 (Serife Yigit [2010], Application No. 3976/05), involving unregistered/informal ‘marriages’ of a Roma couple and a Muslim couple, respectively, the Chamber took the position that civil marriages are available to all people in the state without distinction and therefore no breach of Article 12’s right to marry (nor Article 14’s prohibition of discrimination) had occurred when the respective states failed to recognise the informal marriages of the applicants. This article considers these two cases, and asks whether the court’s position is challenged by migrants/refugees, whose access to formal marriages maybe impeded due to a lack of identity and status documentation.

Description

The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link.

Keywords

Muslim marriage, unregistered marriages, human rights, Article 12 ECHR, Article 8 ECHR, refugees

Citation

Akhtar, R. (2018) The human right to marry: a refugee’s perspective. Journal of Social Welfare and Family Law, 40(2), pp.262-269.

Rights

Research Institute

Centre for Law, Justice and Society