Abstract
It is often thought that affording rights is a progressive movement; rights are given to natural legal persons; the rights are normalised in societal expectations and they form part of a body of enforceable rights against the state. On 7 February 2018, Bermuda became the first state in modern history to withdraw the right of same-sex couples to marry, bucking the trend of progressively affording rights. In a recent judgment, the Bermudian Supreme Court has ruled that taking away the right of same-sex couples to marry is unconstitutional. This article will briefly consider the development of the right of same-sex couples to marry in Bermuda, the connection between Bermudian human rights law and the European Convention on Human Rights and ask whether rights afforded under a constitutional arrangement can be taken away.
Original language | English |
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Pages (from-to) | 367 |
Number of pages | 382 |
Journal | European Human Rights Law Review |
Volume | 4 |
Publication status | Published - 2018 |
Externally published | Yes |
Keywords
- Human rights
- Jurisprudence
- Philosophy of Law
- Bermuda