The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

Protection of right to marry, and of spouses’ and children’s rights

196.—(1) Every man and woman of marriageable age (as determined by or under any law) shall have the right to marry and found a family.

(2) No person shall be compelled to marry, that is to say, to do so without his or her free and full consent.

(3) Nothing contained in or done under the authority of any law shall be held to breach subsection (1) to the extent that the law in question is necessary in a democratic society—

(a) in the interests of public order, public morality or public health;

(b) to regulate, in the public interest, the procedures and modalities of marriage; or

(c) for the protection of the rights and freedoms of others.

(4) Spouses shall be entitled to equal rights and shall be subject to equal responsibilities as between themselves and as regards their children both during marriage and, if the marriage is dissolved, thereon and thereafter, but this equality of rights and responsibilities shall be subject to such arrangements or measures as may be agreed, or as may be ordered by a court.

(5) Every child shall have the right to such measures of protection as are required by his or her status as a minor, on the part of his or her family, society and the Government of Tristan da Cunha, and which are appropriate and proportionate to the circumstances of Tristan da Cunha.