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1. How is the idea of a ‘family’ defined in Article 12; is it confined to married relationships?
Family is defined, in Article 12, in relation to married couples. This is an area of changing law but, it seems, the essence of the duty on states under the Convention is to enable heterosexual married couples to found families. The law in relation to homosexual or unmarried couples is predominantly a matter within the margin of appreciation of states. Contrasts can be made with the right to marry under the EU’s Charter and also under Article 8; the question of the rights of same-sex couples and transgendered persons mainly raise issues under Article 8 (see Chapter 15).
2. Does Article 12 require the legal recognition in domestic law of homosexual relationships?
No. The recognition of other than heterosexual marriage is within a state’s margin of appreciation – at the moment. Article 8 (see Chapter 15, 15.5.3) does now seem to impose a positive obligation on states to provide proper legal recognition (as through a civil partnership) to same sex rleationships.
3. Does Article 12 place a positive duty on states to admit into the country the foreign spouses of residents?
No. However (largely under Article 8) there is a presumption that married couples may live together so that restrictions need to be justified under Article 8(2).