The European Court of Human Rights and Incest

What is it about?

This article takes the law against incest (familial sexual activity) in England and Wales and applies European Convention on Human Rights case law to understand the compatibility between English and Welsh law and fundamental human rights. It looks at how European countries are regulating incest and identifies a number of problems in the approaches taken by England and Wales and by the European Court of Human Rights.

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Why is it important?

The article is the first to undertake an in-depth and case based analysis of the European approach to incest. It identifies a number of inconsistencies in the approaches towards human rights and suggests that the English and Welsh approach could be improved.