Article 8 of the European Convention on Human Rights protects respect for private and family life, home and correspondence.
This right may be subject to restrictions, which are legitimate provided they are prescribed by law and necessary in a democratic society.
The Court has given a broad interpretation of the protection set out in this article.
Article 12 of the European Convention on Human Rights protects the right to marry and found a family, but only for men and women, and at the age defined by law.
The Court has consistently refused to extend this provision to same-sex couples, considering that this article defines marriage as traditional marriage.
Article 8 – Right to respect for private and family life
“1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”
Article 12 – Right to marry and found a family
“Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.”