DOCTRINAL INTERPRETATION OF ARTICLE 23(2) OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
Journal Title: Зовнішня торгівля: економіка, фінанси, право - Year 2019, Vol 1, Issue 102
Abstract
The article examines the viability of a broad interpretation of Article 23 (2) ICCPRas a potential legal basis for the human right to conclude a marriage. The author goes on to discuss the issue of interpretation of the commented provision in light of interpretative directives enshrined in Article 31 of the Vienna Convention on the Law of Treaties, having presented the relevant decision of the UN Human Rights Committee in case Joslin et al. v. New Zealand and its scientific criticism. The author argues that while in principle the wording of Article 23 (2) does not impede its dynamic interpretation resulting in States-Parties’ obligation to recognize same-sex marriages, the adoption of such an approach by the Committee would be premature due to the lack of the international consensus with regard to the issue in question.
Authors and Affiliations
Adam JAKUSZEWICZ
Keywords
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- EP ID EP565792
- DOI 10.31617/zt.knute.2019(102)09
- Views 91
- Downloads 0
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