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How Does English Law Give Effect to the Right to Marry and Found a Family as Guaranteed by Article 12 of the European Convention on Human Rights? Article 12 states 'Men and women of marriageable age have the right to marry and found a family, according to the national laws governing the existence of this right'. The European Court held that there is no one European-wide view of what marriage is and so each country is given a margin of 'appreciation' to decide how it understands marriage.1 Therefore, if taken literally, this article seems to give English law the power to determine and limit marriage. However, the decisions made by English courts have been challenged on many occasions, successfully and unsuccessfully. The scope of this qualification is unclear. It is evident that the exercise of the rights guaranteed cannot be wholly governed by English law.2 In that case the protection of...

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