Chapter 19 Multiple choice questions

1. The right to marry does not include a right to divorce. There is therefore no duty on signatory States to have effective divorce laws.

True

False

2. Which of the following are restrictions on the right of marriage that are likely to be compatible with Article 12? Please select all that apply.

A national law prohibiting marriage for anyone under the age of 18 years old.

A national law prohibiting convicted prisoners from marrying.

A legal ban on marriage between a man and his daughter-in-law.

A national law imposing restrictions on the ability of asylum seekers and would-be immigrants to marry.

3. Match the case with the principle of law for which it is authority.

There is no longer a margin of appreciation on the right of transsexuals to marry. National laws that confine marriage to be being between men and women, based on birth gender as recorded on a birth certificate, breach Article 12. This decision reflects scientific and attitudinal change in Europe.

UK law that limited marriage to between man and woman, as defined in terms of birth gender, could not be made compatible with Article 12 (following this case and general social pressure, same-sex marriage is now lawful by statute.)

National laws that require marriage between men and women, based on birth gender and recorded in the birth certificate, are compatible with Article 12, even though they prevent transsexual marriage. States have a margin of appreciation on the matter. Scientific and attitudinal changes in European opinion are noted.

Legal obstacles imposed on transsexual persons, even if they did not prevent marriage, were still capable of violating Article 8 (the right to private and family life).

4. Which one of the following statements correctly identifies the application of the right to marry and found a family?

Marriage is a loving relationship between a man and a woman whose purpose is to have children.

The right to found a family applies to those who are in loving and stable relationships, whether married or not.

The right to marry and found a family applies to homosexual couples.

The right to found a family applies in respect of both natural and adopted children.

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