Right to family life and right to found a family

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Right to family life and right to found a family
bacdoc September=1992

17142/90 v UK July 1991
European Commission on Human Rights

Facts

The prison department refused to allow conjugal visits or
artificial insemination facilities to a prisoner and his wife.
The prisoner was serving a long sentence and his wife would be
36 years old by the time he was released, making conception less
likely and childbirth more difficult and potentially dangerous.

Decision

The commission declared the application inadmissible. The
application to the commission was originally made solely on the
basis of a request for artificial insemination facilities. After
the application to the commission had been made, the prison
department changed its decision on artificial insemination and
the prisoner was then allowed to make arrangements for artificial
insemination.

Comment

Article 8, the right to family life, is restricted by `the
interests of national security, public safety or the economic
well being of the country, for the prevention of disorder or
crime, for the protection of health or morals or for the
protection of the rights and freedoms of others.' Article 12
gives the right to found a family.

It appears that the prison department has, on several occasions,
conceded applications for artificial insemination facilities and,
by settling this case, has avoided the risk of losing and having
to extend the right to all prisoners. Indications from the com-
mission about conjugal visits suggest that it may be several
years before this right is conceded to prisoners. The commission
stated:

`whilst noting with sympathy the reform movements in
several European countries to improve prison conditions
facilitating such visits, nevertheless for the present time
the refusal, although constituting an interference with
article 8, is justified for the prevention of disorder or
crime'.

EC Europe Law Civil liberties

Legal Action, John Wadham (legal officer Liberty)

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