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Article 10 Protection of right to marry

Original text. Later amendments are not shown.

(1)

Notwithstanding anything in section 16, every man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and to found a family.

(2)

No person shall be compelled to marry, that is to say, to do so without his or her free and full consent.

(3)

Nothing in any law or done under its authority shall be held to contravene subsection (1) to the extent that it is reasonably justifiable in a democratic society—

(a)

in the interests of public order, public morality or public health;

(b)

for regulating, in the public interest, the procedures and modalities of marriage; or

(c)

for protecting the rights and freedoms of other persons.

(4)

Spouses shall be entitled to equal rights and shall be subject to equal responsibilities as between themselves and as regards their children both during marriage and, if the marriage is dissolved, on and after dissolution, but this equality of rights and responsibilities shall be subject to such arrangements or measures as may be agreed, or as may be ordered by a court, in the interests of their children.