(Commission) Rule against marriage of prisoners breach of art 12: ‘The Commission first recalls that the Court has held that, even though a right is not formally denied, ‘hindrance in fact can contravene the Convention just like a legal impediment’and hindring (sic) the effective exercise of a right may amount to a breach of that right, even if that hindrance is of a temporary character’.
Citations:
(1980) 24 DR 72
Statutes:
European Convention on Human Rights 12
Cited by:
Cited – J and B CA 7-Nov-2002
The Crown prosecution service sought judicial review of a decision by the registrar of marriages to celebrate the marriage between the parties. He was due to face trial for murder, and she was to give evidence against him.
Held: The registrar . .
Cited – Baiai and others, Regina (on the Application of) v Secretary of State for the Home Department HL 30-Jul-2008
In order to prevent marriages of convenience in the UK the Secretary of State introduced a scheme under which certain persons subject to immigration control required her written permission to marry and would not receive it unless they were present . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 14 May 2022; Ref: scu.235945