Joanne Cassar v Malta: On the Deconstruction of the Right to Marry and Found a Family by the European Court of Human Rights

23 Pages Posted: 4 Sep 2013  

Gregor Puppinck

European Centre for Law and Justice (ECLJ); Centre for the Study of Law & Public Policy at Oxford

Date Written: March 1, 2013

Abstract

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.

Keywords: ECHR, Human rights, gender, transsexualism, judicial activism, same sex marriage, sexual rights, legal subjectivism

JEL Classification: K00

Suggested Citation

Puppinck, Gregor, Joanne Cassar v Malta: On the Deconstruction of the Right to Marry and Found a Family by the European Court of Human Rights (March 1, 2013). Ave Maria International Law Journal, Vol. 2, No. 2, 2012. Available at SSRN: https://ssrn.com/abstract=2320586

Gregor Puppinck (Contact Author)

European Centre for Law and Justice (ECLJ) ( email )

4,quai Koch
Strasbourg, 67000
France

Centre for the Study of Law & Public Policy at Oxford

Belsyre Court, 57 Woodstock Road
Oxford 0X2 6HJ
United Kingdom

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