Joanne Cassar v Malta: On the Deconstruction of the Right to Marry and Found a Family by the European Court of Human Rights
European Centre for Law and Justice (ECLJ)
March 1, 2013
Ave Maria International Law Journal, Vol. 2, No. 2, 2012
Ten years after its famous ruling in the case of Christine Goodwin v UK of 11 July 2002, the European Court of Human Rights (hereafter the Court) is required again to rule on the compatibility of the impediments that prevent transgender people from marrying a person who is of the same biological sex with the European Convention on Human Rights (hereafter the Convention). While the Goodwin judgment concerned the United-Kingdom, this new case, Joanne Cassar v. Malta, concerns the small and deeply Catholic island of Malta.
Number of Pages in PDF File: 23
Keywords: ECHR, Human rights, gender, transsexualism, judicial activism, same sex marriage, sexual rights, legal subjectivism
JEL Classification: K00
Date posted: September 4, 2013
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