New success for GCR!

New success for GCR!

Protection of refugees' fundamental rights - Foreign asylum seeker's marriage license.

The Legal Aid Department of GCR supported an Afghan asylum seeker in his effort to acquire the necessary marriage license in order to marry his Greek partner, mother of their two minor children that he has officially recognized. Despite the applicant's inability to produce the necessary documents from his country of origin (due to his ruptured relations with his origin country), the judgment of the Civil Court of First Instance ruled, under the articles 8, 12 of the European Convention on Human Rights and the articles 7, 9 of the Charter of Fundamental Rights of the EU, that the necessary documents can be substituted by official declarations.

This is the first case that recognizes a positive responsibility of the State not only to permit marriage to asylum seekers, but also to interpret with wide spirit the necessity of provision of documents by refugees that, due to force majeure, are not in position of doing so. Regardless the legislative gap, the Court, by applying directly supranational rules and the constitutional principle of proportionality, took a major step in the protection of refugees' social rights as well as of those who are indirectly affected (spouse - minor children).

You can find the Rule attached

You can learn more about the Athens Bar Association here: http://www.dsanet.gr/800x600.htm and particularly for this specific case in the section "recent jurisprudence" (left on the screen).

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