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


European convention on human rights

ECHR

  • 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


European convention on human rights

ECHR

  • 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

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


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