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European Convention on Human Rights. - PowerPoint PPT Presentation
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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
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
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
• 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
• 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
• 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
• 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
• 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
• Government policy
• Divorce rate
• Contact
• Child support
• Birth registration
• Paternity leave
• Removal of donor anonymity
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
• Complementary roles
• Shared responsibility
• Two sets of relatives
• Two sets of life experiences
• Greater stability
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