Wednesday 1 October 2008

It's a Sham(e)!

According to BBC Radio 4's Law in Action yesterday, sham marriages are on the increase in Britain. This, we were told, is because the Government's attempts to reduce them are said to contravene the European Convention on Human Rights.
The last thing the Council of Europe should do is facilitate migration by people from non-member states to member states. This is because it was set up in response to activities in Nazi Germany.
We were told that the article in the European Convention that guarantees everyone's right to marry was there because of restrictive practices concerning Jews and other Germans. In other words, problems within a country.
There is nothing in the European Convention to facilitate the occupation of a member state by people from non-member states.
If a foreign (non-member state) man wants to marry a European woman they can live in his country. They can get married in his country. If they choose to marry in Europe there is no obstacle to their then going back to his country to live.
Therefore it is a misinterpretation of the European Convention on Human Rights to cite it as being violated if they cannot live permanently in a member state.
My complaint to the European Commission of Human Rights of 10 June 1977 about foreign and Commonwealth men being allowed to live and work in the UK through marriage while I (and other Englishmen) often cannot live and work in their countries through marriage was, I believe, exactly the sort of complaint it was established to investigate. But it didn't, on the grounds that I had not been the victim of a decision by a government body.