3 ms·

Why doesn’t that restraint apply in this situation?

rayiner 4y ago
Article 14 of the European Convention on Human Rights is pretty cut and dry: > ARTICLE 14 Prohibition of discrimination The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. I suspect the fiction of fitting a “male breadwinner” exception into this clear language became unsustainable.
- pyuser583 4y ago
  I don’t know how to read this as saying it’s ok to prohibit choosing based on sex. Doesn’t this forbid restrictions on same-sex marriage?
  - DangitBobby 4y ago
    I'm sure if a court case were brought to their attention they'd agree with you. Might be similar to how the US SC (and other high courts) doesn't weigh in until lower courts have made a ruling, which means someone had to file suit for them to even take a look.
    - wahern 4y ago
      The European Court of Human Rights has repeatedly faced the question of gay marriage and has denied the find such a right each time. One of the more recent cases is Chapin and Charpentier v. France, 2016: > In Chapin and Charpentier v. France, 2016, the Court reiterated that neither Article 12, nor Article 14 in conjunction with Article 8, which was more general in purpose and scope, could be interpreted as imposing an obligation on the Contracting States to open marriage to same sex couples. https://www.echr.coe.int/Documents/Guide_Art_12_ENG.pdf https://www.echr.coe.int/Documents/Guide_Art_12_ENG.pdf (see also https://eclj.org/marriage/the-echr-unanimously-confirms-the-non-existence-of-a-right-to-gay-marriage https://eclj.org/marriage/the-echr-unanimously-confirms-the-...) I don't know much about European law but it seems one of the principal reasons is that Articles 8 and 12 specifically speak to marriage and are worded in a manner (in the court's opinion) which presume heterosexual marriages, effectively circumscribing the scope of potential Article 14 anti-discrimination protections wrt marriage.
      - rayiner 4y ago
        Article 12 states: “Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.” The EHCR has found the use of “men and women,” along with the “historical context” in which the clause was adopted, to mean that Article 12 applies to marriage as traditionally understood: between one man and one woman.

Article 14 of the European Convention on Human Rights is pretty cut and dry: > ARTICLE 14 Prohibition of discrimination The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. I suspect the fiction of fitting a “male breadwinner” exception into this clear language became unsustainable.

pyuser583 4y ago
I don’t know how to read this as saying it’s ok to prohibit choosing based on sex. Doesn’t this forbid restrictions on same-sex marriage?
- DangitBobby 4y ago
  I'm sure if a court case were brought to their attention they'd agree with you. Might be similar to how the US SC (and other high courts) doesn't weigh in until lower courts have made a ruling, which means someone had to file suit for them to even take a look.
  - wahern 4y ago
    The European Court of Human Rights has repeatedly faced the question of gay marriage and has denied the find such a right each time. One of the more recent cases is Chapin and Charpentier v. France, 2016: > In Chapin and Charpentier v. France, 2016, the Court reiterated that neither Article 12, nor Article 14 in conjunction with Article 8, which was more general in purpose and scope, could be interpreted as imposing an obligation on the Contracting States to open marriage to same sex couples. https://www.echr.coe.int/Documents/Guide_Art_12_ENG.pdf https://www.echr.coe.int/Documents/Guide_Art_12_ENG.pdf (see also https://eclj.org/marriage/the-echr-unanimously-confirms-the-non-existence-of-a-right-to-gay-marriage https://eclj.org/marriage/the-echr-unanimously-confirms-the-...) I don't know much about European law but it seems one of the principal reasons is that Articles 8 and 12 specifically speak to marriage and are worded in a manner (in the court's opinion) which presume heterosexual marriages, effectively circumscribing the scope of potential Article 14 anti-discrimination protections wrt marriage.
    - rayiner 4y ago
      Article 12 states: “Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.” The EHCR has found the use of “men and women,” along with the “historical context” in which the clause was adopted, to mean that Article 12 applies to marriage as traditionally understood: between one man and one woman.