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European Convention on Human Rights

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european convention on human rights
European Convention on Human Rights
  • Art 8 Everyone has the right to respect for his private and family life . . . No interference except . . . national security, public safety, economic wellbeing, prevention of disorder, crime, protection of health and morals, protection of rights and freedom of otheres
  • Art 12 Men and women of marriageable age have the right to marry and found a family, according to the national laws governing the exercise of that right
  • Art 14 Rights and freedoms 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
gavin mellor failed
Gavin Mellor failed
  • R v Secretary of State for the Home Dept ex p Mellor [2001 Human Rights Law Reports 38
  • Met wife in prison service; 31 on release date
  • Art 12 breach?
kirk dickson
Kirk Dickson
  • Sought AI in prison
  • Dickson v UK Grand Chamber of European Court of Human Rights 44362/04
  • Prisoners retain all rights that are not expressly removed
parenthood supreme
Parenthood supreme
  • Yigal Amir assassinated Yitzhak Rabin and was sentenced to life in prison in 1996
  • Larissa Trimbobler left her husband for him and they were married by proxy
amir s baby
Amir’s baby
  • Son born October 2007 after conjugal visits in jail were granted
  • Cf English law but Kirk Dickson finally won right from European Court of Human Rights to AI with wife aged 49
welfare of the child
Welfare of the child
  • HFEA 1990 s.13(5) “A woman shall not be provided with treatment services unless account has been taken of the welfare of any child who may be born as a result of the treatment (including the need of that child for a father) . . .”
  • HFEA 2008 s.14(2)(b) “For ‘a father’ substitute ‘supportive parenting’”
babies need fathers
Babies need fathers
  • Government policy
  • Divorce rate
  • Contact
  • Child support
  • Birth registration
  • Paternity leave
  • Removal of donor anonymity
un convention on the rights of the child 1990
UN Convention on the Rights of the Child 1990
  • Art. 7 “The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.”
advantages of fathers
Advantages of fathers
  • Complementary roles
  • Shared responsibility
  • Two sets of relatives
  • Two sets of life experiences
  • Greater stability
fathers influence
Fathers’ influence
  • According to the NSPCC there is a positive correlation with
  • education
  • behaviour
  • relationship forming
  • confidence
  • Mental health
couples and the law 2009 10
  • Divorce 15 September
  • Maintenance 13 October
  • Cohabitation 17 November
  • Civil partnerships 2 February
  • Family members 16 March
  • Cousin marriage 23 March
  • 1 pm