... certain human rights irrespective of the provisions of national law'.3 In the past the UK has had quite poor record before the European Court of Human Rights, largely because the Convention was not part of UK law until the passing of the Human Rights Act 1998. By applying article 12 the European court has to balance the rights of the individual against the public interest. For example the right to marry cannot be considered simply as a form of religious practice because it is regulated by article 12 of the convention, which leaves the national requirements to be stipulated by domestic law. Thus, the refusal of permission under English law for a Muslim man to marry a 14-year old Muslim girl, as permitted by the man's religion (Islamic Law), could not be said to have violated his right to marry.4 Article 12 also protects couples from interference with their right ...

See this essay or coursework document in full right now