Article 5 provides that all the citizens have equal right on personal freedom and safety. The article with the word freedom means liberty and also not an illegitimacy detention. But the word personal freedom can also interpreted with the means of freedom to personal life and expression. So one State by prohibiting gays’ right to marriage or adoption is violating his personal freedom.Article 8 provides that all the citizens have the right of respect of their personal and family life. So the personal life of homosexuals is becoming inviolable by this article.In the meaning of personal and family life is included the right to marriage and to adopt. The State by interfering and depriving from a homosexual couple to adopt or to get marriage is violating their right to have their own personal life and family.Article 9 & 10 provide that all citizens have the right of freedom of thought, conscience and expression. More specific says that every person has freedom to express his thoughts, opinions, and beliefs. So if everyone is free to express his thoughts then must be no discrimination from state’s part in regard of homosexuals’ beliefs. So if they believe that a marriage or an adoption is legitimate then the state can’t restrain them to move on and express their beliefs and will.Legal arguments which can be invoked by heterosexuals against gays
Article 5 purpose can’t be interpreted with the aforementioned way. The purpose of the article is mentioned to an unlawful detention. Any other approximation of this Article is illegitimate and declines from the purpose of the present article.Article 8 provides that all the citizens have equal right of respect of their personal and family life. The right of adopting or to marriage is irrelevant in the meaning of this article. It is acceptable that they can do whatever they want to in their personal moments. But meaning of the word family is a natural family of one mother and one father. Otherwise a homosexual couple can’t be regarded as a real family.Article 9 &10 provide that all citizens have the right of freedom of thought,conscience and expression. The article is mentioning to religious toleration. If anyone is free to believe whatever he want and to express it then the rules and the whole judicial system would be useless. Heterosexual are free to express their beliefs. But There is no right in the meaning of this article to move on for adoption or marriage.Article 12 provides that 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. It strictly says about men and women.
According to this article heterosexualcouples haven’t any right neither to marriage nor to family. Also provides that the exercise of this right must be in accordance with national laws. It is becoming clear from this phrase that the States are not obliged to follow any European model in relation with the laws which every state legislates to regulate the marriage and family matters.Article 17 &18 provide that nobody is able to abuse his rights. All the aforementioned allegations of the homosexuals are a misrepresentation of articles meaning. So if homosexuals misrepresent the E.C.H.R. articles in order to strengthen their thesis must be regarded as an abuse of their rights. The articles must be interpreted in order to implement the purpose of which they were written.