Scarica EU Charter of Fundamental Rights: Historical Overview of Marriage & Family Rights e più Appunti in PDF di Inglese solo su Docsity! giovedì 23 novembre 2023 Inglese CHARTER OF FUNDAMENTAL RIGHTS Come from democratic document “The magna carta” in 1215 signed by King John lackland. It said that none can sent to prison without the trial 1689 Bill of rights after glorious revolution: King couldn’t leave taxation without the Parliament’ consent. 1777 The independence Declaretion signed by Thomas Jefferson: give importance to freedom, equality.. 1798 Franch Revolution: fraternité, égalité, liberté. 1948 European Convention of Human Rights by council of Europe in Strasburgo. It’s apply only in 47 countries that form the Council of Europe. Indeed the Charter of Foundamental rights belong to the 27 European Countries The charter was formally proclaimed in Nice in December 2000 by the European Parliament, the Council and the Commission.The Charter became legally with Treaty of Lisbon, in December 2009 Both are costitution, but the field of application is different: The first one valid for the 47 countries of the Council of Europe; the second one for the 27 European Countries. Moreover all of the ECHR rights are included in the Charter. The Charter however addresses some modern issues that are not included in the ECHR (for example, human cloning, data protection) It enshrines (sancisce) in European Union law a range of personal, civil, political, economic and social rights of EU citizens and residents. The Charter of Fundamental Rights contains a preamble and 54 articles, grouped in 7 chapters Article 9 Right to marry and right to found a family The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights. This right is deepened in the article 16 of the “Universal declaration of human rights”. It says every adult has the right to marry and have a family if they want to. Women and men also have the same rights during their marriages, and if they divorce. In addition, for the only time in this document, it explicitly invokes the duty of the State to provide protection, underscoring the high regard the drafters had for the family. “Denying people access to marriage it’s denying them the status and dignity of being ordinary citizens in society.” –South African Judge Albie Sachs Video like 1 The drafting of Article 16 involved reconciling different world views: for example the Communist bloc was critical of what it saw as U.S. restrictions on women’s rights at the time. The end of World War II “had shown the equality of the sexes,”. Paragraph 2 of Article 16 says “marriage shall be entered into only with the free and full consent of the intending spouses.” This, together with the phrase “of full age” in Paragraph 1, amounts to a ban on child and/or forced marriage because children may not be in a position to give free and full consent. However, child marriage continues to be a problem affecting huge numbers of girls, with around one million girls under 18 getting married every month. Closely related is the issue of forced marriage, where girls are married off to a man, often much older, for a “bride price.” We report an example that recently happened to a girl, Sana Cheema, of Pakistani origins, but Italian citizen, that she was killed in Pakistan by her family because she refused the arranged marriage. On another topic, Article 16’s language on the “right to found a family” reflects the prevailing morality of the time associating families with marriage. Since then, it has been argued that the right to “found” a family implies a conscious decision, so it should extend to rights to plan births and control one’s reproduction. A mother abandons her naked son on the street with his umbilical cord cut but still alive. The child showed signs of hypothermia. He was immediately taken to Sassari hospital and is fine. The military tracked down the mother. The 29-year-old is under arrest for attempted murder. The Supreme Court of the United Kingdom recognizes the constitutional right of gay and lesbian people to marry. Article 29 protects children and families and for this reason draws meaning from the right to procreate, raise and educate children". Marriage also allows that stability and permanence which is important for the protection of the child's interests." In Italy the Cirinnà Law (L. 05/20/2016 n. 76), allows same-sex couples to register their union in the presence of a civil judge. In the United Kingdom, the adoption of children by same-sex couples is legal as a result of the Adoption and Children Act 2002, a law which opened up the joint adoption of children to different-sex and same-sex de facto couples In Italy the adoption of the partner's child in homosexual couples is not recognized at a legislative level. The Article was also a response to Nazi laws prohibiting inter-racial marriage, bestowing the right to marry and to found a family on “men and women of full age without any limitation due to race, nationality or religion.” Equal rights are guaranteed “during marriage and at its dissolution.”. This was a milder word for “divorce,In the end, divorce was treated as an issue of non-discrimination rather than as a basic human right. In Italy: Civil Code law n.898 of 1970 introduced divorce in Italy. First there is the separation, then the divorce occurs which determines the end or dissolution of the civil effects of the marriage. Divorce is currently regulated by the Matrimonial Causes Act of 1973, while The Children Act of 1989 regulates relationships with children. one of the two spouses can request separation by providing proof of one or more facts which attest to the irreversible breakdown of the marital relationship. Divorce, however, cannot be requested before one year has passed since the marriage. 2
