Rechtsprechung
| EKMR, 14.12.1987 - 9373/81 |
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- EGMR, 18.12.1986 - 9697/82
JOHNSTON AND OTHERS v. IRELAND
Auszug aus EKMR, 14.12.1987 - 9373/81
The Commission next considered the application on 2 March 1983 and decided that it should be adjourned pending the outcome of the proceedings in Johnston et al v. Ireland (No. 9697/82) - a case raising similar issues which was then pending before the Commission and which was subsequently referred to the European Court of Human Rights (cf. Eur. Court H.R., Johnston and Others judgment of 18 December 1986, Series A no. 112).The Commission recalls that the European Court of Human Rights has held that the right to divorce cannot be derived from either Articles 8 or 12 (Art. 8, 12) of the Convention (Eur. Court H.R., Johnston and Others judgment of 18 December 1986, Series A no. 112 paras. 51-58).
Insofar as the applicant complains of the absence of any provision for divorce, the Commission recalls that the Convention does not oblige the High Contracting Parties to provide for the dissolution of marriage and also that Article 13 (Art. 13) does not guarantee a remedy against legislation as such and, a fortiori, against a constitutional provision (cf. Johnston and Others v. Ireland, Comm. Report 5.3.85, Eur. Court H.R., Series A no. 112, p. 54).
- EGMR, 13.06.1979 - 6833/74
MARCKX v. BELGIUM
Auszug aus EKMR, 14.12.1987 - 9373/81
The Commission considers that the regulation of disputes concerning matrimonial property and maintenance after marital breakdown falls within the concept of family life under this provision (cf. Eur. Court H.R., Marckx judgment of 13 June 1979, Series A no. 31, para. 52). - EKMR, 04.10.1976 - 7116/75
X. c. FEDERAL REPUBLIC OF GERMANY
Auszug aus EKMR, 14.12.1987 - 9373/81
1 (Art. 6-1) of the Convention does not guarantee the right to institute or have instituted criminal procedings against another person (cf. No. 7116/75, Dec. 4.10.76, D.R. 7 p. 92). - EGMR, 09.10.1979 - 6289/73
AIREY v. IRELAND
Auszug aus EKMR, 14.12.1987 - 9373/81
However, it is of the opinion that, although the protection of private or family life may sometimes necessitate means whereby spouses can be relieved from the duty to live together (see the above-mentioned Airey judgment, Series A no. 32, p. 17, para. 33), the engagements undertaken by Ireland under Article 8 (Art. 8) cannot be regarded as extending to an obligation on its part to introduce measures permitting the divorce and the re-marriage which the applicants seek.".