ECtHR: divorce is not a “human right”. For once, a judgment that strengthens marriage and the family…

It is rare for the ECtHR, otherwise reputed for its judicial activism, to resist the temptation of de-constructing fundamental institutions such as marriage and family. But today it has happened: in the case of Babiarz v. Poland (application no. 1955/10), the Court has ruled that Articles 8 and 12 of the European Convention on Human Rights must not be construed as containing a right for the applicant to be divorced from his wife and married to another woman (with whom he already has a child) if his wife does not consent to, and if her behaviour does not justify, a divorce. In simpler words: there is no “right to divorce”.

The decisive passage of the judgment says this:

 

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