Content of the article

1. Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.

With regard to the concept of full age, a difference between the definitions of “marriageable
age” and “age of majority” has to be made: even though some international organizations (ex.
UNICEF) consider unions involving individuals under the age of 18 as child marriage, given
that the international law does not determine unanimously the year from which the
appropriate age starts, the dichotomy described above leaves room for possible derogations
for special cases where a judge can admit marriage between minors. According to the right of
marriage, this is in fact the task of the internal laws of the States, which must, however, be
compatible with the full exercise of other rights, such as the right to freedom of thought,
conscience and religion and, above all, the human rights of the child.
Spouses have equal rights also during marriage (ex. choice of residence, home management,
education of children) and in the event of its dissolution (legal separation, divorce). In
compliance with this right, equality is to be taken on the letter to avoid disabilities entering
the marriage: together with non-limitation of race, citizenship and religion leads, this article
influence the governments legislation in order to abolish formal differences between spouses
in the marriage, demanding an intervention which should therefore be legally preventive of
any sort of inequality, based on the civic sense and the ethics of Human Rights.
In relation to the possibility of dissolution of marriage, Human Rights proved to be ahead of
time: States are prohibited from applying any discriminatory treatment with regard to
separation and divorce procedures, custody of children, maintenance or compensation, rights
of visitation, loss or repurchase of parental authority: in such cases, however, the best
interests of the child as laid down in Article 3 of the International Convention on the Rights
of the Child of 1989 must always prevail.

2. Marriage shall be entered into only with the free and full consent of the intending spouses.
In the travaux préparatories of the Universal Declaration it is explicitly reminded that this
paragraph was aimed at eradicating the custom involving parents or guardians to arrange
marriages without the consent of either one or both spouses. The purpose is to underline that
neither at its formation (exchange or trade-off, contractual marriages, marriages through
payment) nor during its dissolution a marriage bond should be negotiated with a treaty or a
business deal making it an inhuman transition in the context of slavery.
The choice of marriage must be absolutely free and all members within the family must have
equal rights and dignity. As far as the actual implementation of this article is concerned, still
there are particular cultures in which it tends to be violated: due to poverty, gender inequality
deep-rooted in patriarchal beliefs and indifference towards violence, girls are relegated to
subordinate roles and, once married or sold, are forced to look after the home and raise
children only. Once they give up their education, freedom and exposed to severe health
conditions, younger wives are preferred for their obedience and virginity. Despite the
successful spread of Human rights in many regions of the planet, numbers on early/forced
marriages tell a sad different situation: around the world, 22 million girls have married at a
young age and are already divorced or widowed; according to estimates, there are another
100 million girls who are in danger of getting married early; more than 250 million women
alive today married before their 15th birthday, in many cases against their will.

3. The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.

As a matter of fact, globalization changed social values, including view on marriage, altering
the once-controversial perception of divorce, generating an increasing acceptance of medical
intervention regarding reproduction and triggering the emergence of disputes about non-
marital or same-sex families when it comes to recognition or adoption matters. Nevertheless,
the concept of family may differ from one state to another, even within the same state: in any
case, the institution of family has the right to be protected by the State, which must do so in
an appropriate manner, in particular avoiding arbitrary or unlawful interference.
The right to live together of spouses entails the obligation of states to ensure the unity and
reunification of families, especially when their members are separated for political or
economic reasons. The concept of the family adopted by international human rights law is a
strong concept: the family as such is subject to law separately from the subjectivity of
spouses and other members, therefore it has its own rights and duties (in particular, raising
and educating children, assisting its elderly members or those with disabilities).
The right to start a family implies, in principle, the possibility of procreation, which logically
leads to legal measures in maternity protection, before and after childbirth, including the
entitlement to financial pensions and medical care during that period, compatible with the
principles (in particular non-discriminatory) of international law; moreover, the International
Labour Organization set occupational health and safety standards for pregnant women and
established a compulsory payment of family allowances for children from national social
security institutes.
The progress required by social changes is connected to domestic cultural and social
circumstances: as both international and regional instruments strive in the attempt to
harmonize the different rules regarding family law, in order to compensate the lack of
uniformity in interpreting the legislation required in cross-border cases (support, adoption,
immigration), many states accept more austere solutions reducing their involvement in social
programs aimed at families letting specific social services to be privatized.
Maternity Protection Convention (Revised), 1952 (No. 103)
Social Security (Minimum Standards) Convention, 1952 (No. 102)

Human right in international law legal and policy issues. Richard B. Lillich in Theodor
Meron. Clarendon Press Oxford. 1984, pp 155-156
Counterparts in art 23(4) political covenant, provisions shall be made for the protection of
children. Voluntary: in the travaux préparatories is reminded that at the time there was the
custom for parents or guardians to arrange marriages without consent. It school not be
negotiated with a treaty or a business deal.
Equality: is to be taken on the letter to avoid disabilities entering the marriage, influence the
government legislation to abolish formal differences in for women in the marriage.

Las dimensiones internacionales de los derechos humanos, volumen 1, vladimir kartashkin in

Karel Vasak, serial Unesco, 1984 pp 183-184

Routledge Handbook of International Family Law, Barbara Stark and Jacqueline Heaton,
Routledge, 2019 pp 1-3