Annu Rev Popul Law. 1987;14:62.
The applicant challenged a three-year ban on remarriage placed on him by a Swiss court pursuant to Article 150 of the Swiss Civil Code following his third divorce. The Court held that the three-year ban was in violation of Article 12 of the European Convention on Human Rights, which protects the right to marry. While it recognized that the ban served a legitimate purpose of protecting marital stability, it ruled that the means chosen by the Swiss Government were disproportionate to the aim pursued.
申请人对瑞士一家法院依据《瑞士民法典》第150条在其第三次离婚后对他实施的三年再婚禁令提出质疑。法院认为,这一为期三年的禁令违反了《欧洲人权公约》第12条,该条保护结婚权。虽然法院承认该禁令有保护婚姻稳定的合法目的,但裁定瑞士政府所采取的手段与所追求的目标不相称。