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); Oxford Centre for the Study of Law & Public Policy
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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