Article 16 – Freedom of marriage and protection of the family

1. "Men and women of marriageable age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They have equal rights at the time of marriage, during marriage and at its dissolution."

2. "Marriage may only be entered into on the basis of the free and full consent of the prospective spouses."

3. "The family is the natural and fundamental unit of society and is entitled to protection by society and the State."

Explanation of Article 16

This article protects the right of men and women of marriageable age (i.e. people who have reached a legally established minimum age) to marry and to found a family, i.e. to have children. However, states may impose certain restrictions, such as prohibiting marriage between close blood relatives, prohibiting multiple marriages or prohibiting marriage for people who do not possess sufficient mental capacity. The Universal Declaration also requires equal treatment of spouses under the law. States are therefore obliged to take appropriate measures to ensure that existing inequalities are gradually eliminated. States must also ensure that one sex (usually women) is not discriminated against when dissolving a marriage.

The ban on marriage without the free and full consent of both spouses excludes any coercion to marry, whether by the state, parents or family. The ban is intended to protect girls in particular from being married off by their parents.

The third paragraph of the article protects the family as the "natural and fundamental unit of society". As already mentioned in Article 12, the term "family" is understood differently depending on the region of the world. In any case, the state must issue regulations in its legal system to support the family.

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