PANEL: MARRIAGE AND FAMILY RELATIONS IN THE CASE-LAW OF THE ECHR
11/07/2025 14:00 - 17:30
HALL: Lecture Hall 41

Proponent: Franceschi F., Vargiu P.

Chair: D'Arienzo M.

Speaker: Franceschi F., Kakavas G., Köbel S., Valero Estarellas M.J.

This panel will examine the interaction between Article 9 (freedom of thought, conscience, and religion) on the one hand, and Articles 8 (respect for private and family life) and 12 (right to marry) on the other, of the European Convention on Human Rights, with particular attention to nontraditional family forms and their evolving recognition within European jurisprudence. The discussion will focus on how the European Court of Human Rights (ECtHR) addresses possible tensions between individual religious freedoms, collective societal values, and emerging understandings of marriage and family. The panel will explore whether the Court's case-law reflects a dynamic adaptation to socio-cultural changes or reinforces established norms, particularly when addressing claims on nontraditional or contested family structures. The aim of the panel is ultimately to assess how the ECtHR balances competing rights and obligations, including the extent to which Article 9 supports or challenges traditional interpretations of Articles 8 and 12. The discussion will also consider how these legal intersections contribute to broader debates on pluralism, equality, and the role of religion in modern family law.