Prisoners, Their Partners and the Right to Family Life

8 Pages Posted: 2 Dec 2011

See all articles by Emily Jackson

Emily Jackson

London School of Economics - Law Department; Queen Mary University London - School of Law

Date Written: December 2, 2011

Abstract

Does the right to ‘found a family’ (Article 12) mean that prisoners and their partners should be granted access to artificial insemination facilities? In Dickson v United Kingdom the European Court of Human Rights, by a majority, decided that the UK was entitled to restrict prisoners’ access to AI to exceptional cases only. The Dickson's did not qualify, despite the fact that Mrs Dickson would be too old to conceive naturally when Mr Dickson was released from prison. In this note, I explore the Court’s reasoning and challenge some of the assumptions which underpin the majority’s judgment.

Keywords: child law, family law, artificial insemination, prisoners, European court of human rights, conceive naturally

Suggested Citation

Jackson, Emily, Prisoners, Their Partners and the Right to Family Life (December 2, 2011). Child and Family Law Quarterly, Vol. 19, No. 2, pp. 239-246, 2007, Available at SSRN: https://ssrn.com/abstract=1967434

Emily Jackson (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Queen Mary University London - School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

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