Information Note on the Court’s case-law 65

June 2004

B. and L. v. the United Kingdom (dec.) - 36536/02

Decision 29.6.2004 [Section IV]

Article 12

Marry

Prohibition on marriage of father-in-law and daughter-in-law: admissible

The applicants complain that they are prevented by law from marrying. The first applicant is the father of the second applicant’s former husband. When their respective marriages faile d, the applicants moved in together with L.’s son, who is B.’s grandson but now refers to B. as “Dad”. The Marriage Act 1949 prohibits the marriage of a parent-in-law to a child-in-law unless the former spouse of each party is dead. There is no such prohib ition regarding other relationships of affinity but not consanguinity, e.g. step-parent with step-child. The prohibition may be lifted by a personal Act of Parliament. There are no established criteria for such a procedure, which is at Parliament’s discret ion, and legal aid is not available for the costs of obtaining a personal Act of Parliament.

Admissible under Articles 12 and 14: Government’s preliminary objection (non-exhaustion): it had not been established that seeking a declaration of incompatibilit y of the impugned legislation with the Convention was a sufficiently “effective” remedy: objection dismissed.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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