Case summaries
ECtHR - Abdulaziz, Cabales and Balkandali v The United Kingdom, Application nos. 9214/80; 9473/81 and 9474/81, 28 May 1985
Keywords:
Effective remedy (right to), Family unity (right to), Race, Nationality, Discrimination, Family member, Family reunification
The ECtHR held that the 1980 UK Immigration Rules breached ECHR Article 14 taken together with Article 8 as they discriminated on the ground of sex against three female applicants settled in the UK who wished to be joined by their spouses. It was easier for men settled in the UK to be joined by a non-national spouse than women but no objective and reasonable justification was found for this difference of treatment.
Date of decision:
28-05-1985
Relevant International and European Legislation:
Article 3,Article 8,Article 12,Article 13,Article 14,Article 25,Article 31,Article 32,Article 43,Article 44,Article 46,Article 47,Article 48,Article 50,ECHR (Fourth Protocol)