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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,

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Presentation on theme: "European Convention on Human Rights Art 8 Everyone has the right to respect for his private and family life... No interference except... national security,"— Presentation transcript:

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2 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

3 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

4 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

5 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?

6 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

7 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

8 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

9 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’”

10 Babies need fathers Government policy Divorce rate Contact Child support Birth registration Paternity leave Removal of donor anonymity

11 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.”

12 Advantages of fathers Complementary roles Shared responsibility Two sets of relatives Two sets of life experiences Greater stability

13 Fathers’ influence According to the NSPCC there is a positive correlation with education behaviour relationship forming confidence Mental health

14 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


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