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European Convention on Human Rights

European Convention on Human Rights.

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European Convention on Human Rights

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  1. 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

  2. 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

  3. 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

  4. 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?

  5. 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

  6. 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

  7. 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

  8. 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’”

  9. Babies need fathers • Government policy • Divorce rate • Contact • Child support • Birth registration • Paternity leave • Removal of donor anonymity

  10. 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.”

  11. Advantages of fathers • Complementary roles • Shared responsibility • Two sets of relatives • Two sets of life experiences • Greater stability

  12. Fathers’ influence • According to the NSPCC there is a positive correlation with • education • behaviour • relationship forming • confidence • Mental health

  13. 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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