23 Pages Posted: 4 Sep 2013
Date Written: March 1, 2013
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: 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