The petitioners in both Dutch cases also argued a second issue, viz. that the denial of a marriage license infringed on certain individual rights and violated laws on equal treatment and nondiscrimination. Specifically, the petitioners maintained that the refusal to issue them a marriage license violated Articles 8 and 12 of the European Convention on Human Rights (ECHR) and Article 23 of the International Covenant on Civil and Political Rights (ICCPR), which guarantee the freedom to have a family and the freedom to marry,and Article 14 of the ECHR and Article 26 of the ICCPR, b which prohibit discriminatory behavior. 7 Article 8 1. Everyone has the right to respect for his private and family life, his home and 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others ECHR Art. 8(entered into force Sept. 3, 1953) Article 12 Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right ECHR Art. 12(entered into force Sept 3, 1953) Article 23 The family is the natural and fundamental group unit of society and is entitled to protection by society and the State The right of men and women of marria gea ble age to marry and to found a family shall be No marriage shall be entered into without the free and full consent of the intending spouses States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to mariage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children ICCPR, Dec. 16, 1966, Art. 23, UNTS 171 Article 14 discrim ination on any ground such as sex, race, colour, language, religion, political or other opinion, nationalor social origin, association with a nationalminority, property, birth or other status ECHR Art. 8(entered into force Sept 3, 1953) Article 26 All persons are equal before the law and are entitled without any discrim ination to the equal protection of the law. In this respect, the la w shall prohibit any discrim ination and guarantee to all persons equal and effective protection against discrim ination on any ground such as race, colour, sex, language religion, political or other opinion, nationalor social origin, property, birth or other status ICCPR, Dec 16, 1966, Art. 23, UNTS 171. The petitioners in the Amsterdam district court case also maintained that the registrars treatment refusing to issue them a marriage license- was humiliating and in violation of Article 3 ofthe ECHR, and the petitioners in the Hoge Raad case claimed a violation of Article 2 of the ICCPR. Article 3 of the ECHR states:>No one shall be subjected to. degrading treatment . s and Article 2 of the ICCPR states under Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, nationalThe petitioners in both Dutch cases also argued a second issue, viz. that the denial of a marriage license infringed on certain individual rights and violated laws on equal treatment and nondiscrimination. Specifically, the petitioners maintained that the refusal to issue them a marriage license violated Articles 8 and 12 of the European Convention on Human Rights (ECHR)13 and Article 23 of the International Covenant on Civil and Political Rights (ICCPR),14 which guarantee the freedom to have a family and the freedom to marry, and Article 14 of the ECHR15 and Article 26 of the ICCPR,16 which prohibit discriminatory behavior.17 13 Article 8 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. ECHR Art. 8 (entered into force Sept. 3, 1953). Article 12 Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. ECHR Art. 12 (entered into force Sept. 3, 1953). 14 Article 23 1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. 2. The right of men and women of marriageable age to marry and to found a family shall be recognized. 3. No marriage shall be entered into without the free and full consent of the intending spouses. 4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children. ICCPR, Dec. 16, 1966, Art. 23, UNTS 171. 15 Article 14 The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other st atus. ECHR Art. 8 (entered into force Sept. 3, 1953). 16 Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. ICCPR, Dec. 16, 1966, Art. 23, UNTS 171. 17 The petitioners in the Amsterdam district court case also maintained that the registrar=s treatment - refusing to issue them a marriage license - was humiliating and in violation of Article 3 of the ECHR, and the petitioners in the Hoge Raad case claimed a violation of Article 2 of the ICCPR. Article 3 of the ECHR states: >No one shall be subjected to . . . degrading treatment . . .= and Article 2 of the ICCPR states under section 1: Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national