Information Note on the Court’s case-law No. 137
January 2011
Lashin v. Russia (dec.) - 33117/02
Decision 6.1.2011 [Section I]
Article 12
Marry
Inability of legally incapacitated applicant to marry: admissible
The applicant suffers from schizophrenia and has been legally incapacitated since 2000. In 2002 he and his fiancée applied to the competent authority in order to register their marriage. However, they were unable to do so as Article 14 of the Russian Family Code prohibits persons legally incapacitated due to a mental disorder from getting married.
Conclusion: admissible under Article 12 in conjunction with Article 13 (unanimously).
The Court also declared admissible the applicant’s complaints under Article 5 §§ 1 and 4 and under Article 8 in conjunction with Article 13.
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This summary by the Registry does not bind the Court.
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