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12 Religious Rights and Recognition of Marriage and Extra-Judicial Divorce

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 21 May 2022

Subject(s):
Family law — Marriage — EU Rules — Traditional rules — Judgments and orders

This chapter examines the compatibility of the English private international law rules regarding recognition of religious marriages and divorces with the right to freedom of religion. When it comes to assessing the impact of religious rights on English private international law rules there has not been much ‘direct’ impact. Rather, the English private international law rules on marriage and divorce are generally compatible with Article 9 ECHR, which protects the absolute right to hold a particular belief and the freedom to manifest a belief. Moreover, instances of religious discrimination are relatively rare in the modern law. However, English law is significantly out of line with European practice in the balance it strikes between religious and gender interests in its accommodation of overseas religious divorces.

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