Basic Right to Marry Case

Abstract

International law in general — Relation to municipal law — Treaties — European Convention on Human Rights, 1950 — Whether directly applicable under municipal law — The law of the Federal Republic of Germany

The individual in international law — In general — Human rights and freedoms — Right to marry — Basic Law of Federal Republic of Germany 1949, Article 6 (1) — European Convention on Human Rights, 1950, Article 12 — Extent of right to marry — Conflict of laws rule requiring application of foreign law in determining eligibility of foreign national to marry — Application of such rule resulting in denial of right to marry — Whether basic constitutional rights take precedence over the application of foreign law — Whether such precedence contrary to respect for foreign legal orders required under international law — The law of the Federal Republic of Germany