The Right to Marriage according to the Provisions of the Main Legal Instruments of the UN and EU
The Right to Marriage according to the Provisions of the Main Legal Instruments of the UN and EU

Summary/Abstract: Both in the Universal Declaration of Human Rights (Art. 16) and in the EuropeanConvention on Human Rights (Art. 12), the right to marriage is perceived anddefined as a fundamental human right, as it was in fact enounced both by jus divinumand by jus naturale.Among other things, from the texts of the legal instruments, of prime importance tothe nations of the world, one can note that a marriage can be concluded only betweena man and a woman, and only if the following indispensable conditions are met, namely:a) the marriageable age laid down in the national law; b) the mutual consent of thefuture spouses; c) that the race, nationality or religion of the future spouses are not takeninto account. Therefore, a valid marriage is concluded only by the persons of differentsex (man and woman), and not by the people of any sex, as the Treaty of Nice (2000)stipulated.In the article, we also highlighted the fact that the right of a man and a woman tohave a family is ontologically bound with the marriage. This reality proves in fact, oncemore, that the marriage and the family were and remain “two main institutions of themankind.”

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