The right to marry and have a family is a fundamental human right protected by various international and national laws. Here are some key points from the search results:
- Article 12 of the Universal Declaration of Human Rights: This article protects the right of men and women of marriageable age to marry and to start a family[1][2][3][5]. The right to marry is subject to national laws on marriage, including those that make marriage illegal between certain types of people[1]. Although the government is able to restrict the right to marry, any restrictions must not be arbitrary and not interfere with the essential principle of the right[1].
- Protection of the family: The family is considered the natural and fundamental group unit of society and is entitled to protection by society and the State[3]. Article 16 of the Universal Declaration of Human Rights explicitly invokes the duty of the State to provide protection, underscoring the high regard the drafters had for the family[2].
- Equal rights: Men and women have the same rights during their marriages, and if they divorce[2]. They are entitled to equal rights as to marriage, during marriage and at its dissolution[3].
- National laws: The right to marry and found a family is protected by national laws which are very diverse and can go beyond the traditional conception of the family by authorizing marriage between two persons of the same sex, or adoption by same-sex couples[5][6].
- Restrictions: The right to marry is not absolute. States can and do impose certain regulations on marriage. For instance, most states do not allow minor children below a certain age to get married without first obtaining parental consent or court approval. Additionally, all fifty states have prohibitions on polygamy, even though the right to marry is recognized[4].
In summary, the right to marry and have a family is a fundamental human right protected by various international and national laws. While national laws can impose certain regulations on marriage, any restrictions must not be arbitrary and not interfere with the essential principle of the right.
Citations:
[1] https://www.equalityhumanrights.com/en/human-rights-act/article-12-right-marry
[2] https://www.ohchr.org/en/press-releases/2018/11/universal-declaration-human-rights-70-30-articles-30-articles-article-16
[3] https://www.humanrights.com/what-are-human-rights/videos/marriage-and-family.html
[4] https://www.cokerlegal.com/blog/2020/june/the-fundamental-right-to-marry-in-the-u-s-/
[5] https://www.coe.int/en/web/human-rights-convention/marriage
[6] http://fra.europa.eu/en/eu-charter/article/9-right-marry-and-right-found-family