Human Right To Found A Family Essay
The Human Right to Marry and to Found a Family
The right to marry and to found a family is a basic human right of all individuals to create a recognized union between spouses and to establish family life. As a result, a set of more rights and obligations is obtained for the spouses and/or their biological or adopted children. The right to marry and to found a family has civil, religious, political, expressive and legal aspects involved in its complex definitions. Nevertheless, the right to marry and to found a family is particularly subject to the national laws which regulate this practice making it not particularly a strong right.
Background
See also: Civil marriage, History of the family, and Divorce
Historically, marriage has served as an institution to enhance strategic tools and to establish
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Regional law
Regarding the regional instruments, the European Convention for the Protection of Human Rights and Fundamental Freedoms issued by the Council of Europe in 1950 mentions the right to marry and found a family in the Article 12 emphasizing the role of national legislation:
“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.”
While the right to marry and to found a family is not defined in the Arab Charter on Human Rights or in the African Charter on Human and Peoples’ Rights, the ASEAN Human Rights Declaration takes into account this right in the Article 19 stating that:
“The family as the natural and fundamental unit of society is entitled to protection by society and each ASEAN member state. Men and women of full age have the right to marry on the basis of their free and full consent, to found a family and to dissolve a marriage, as prescribed by
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