O’Donoghue and others v United Kingdom [2010] ECHR 34848/07, [2011] All ER (D) 46 (Jan)
Article 12 of the European Convention on Human Rights secured the fundamental right of a man and woman to marry and found a family. The exercise of the right to marry gave rise to social, personal and legal consequences; it was subject to national laws of the contracting states but the limitations, thereby introduced, had to not restrict or reduce the right in such a way or to such an extent that the very essence of the right was impaired.
A blanket prohibition, without any attempt being made to investigate the genuineness of the proposed marriages, restricted the right to marry to such an extent that the very essence of the right was impaired. An application fee fixed at a level which a needy applicant could not afford could impair the essence of the right to marry.
