RIGHT TO MARRY ON EUROPEAN CONVENTION ON HUMAN RIGHTS

“right to marry” taking place in many documents related to human rights is one of fundamental rights. right to marry on european convention human rights has been given to opposite sex. in the previous decisions of european court human rights, right to marry has been given to opposite sex. however recent decisions of european court of human rights has stated that sex is not only biological sex. in this context, regulations allowing same-sex marriage is not contrary to european convention on human rights. however, states parties haven’t obligations such as allowing same-sex marriage. european court of human rights emphasizes that marriage differs from another countries socially, culturally and economically. therefore, european court of human rights states that states parties are more competent. states have negative and positive obligations on right to marry. in this concept, the regulations made by the states must not harm core of right according to negative obligations. the state must eliminate secondary circumstances preventing marriage according to positive obligations of the state.