The Right to Married Life in Modern Society

Abstract

The right to conjugal life is not just the faculty to enter marriage but a right to live in a dual league of adult individuals for mutual happiness, sharing the burdens and jointly enjoying life’s blessings. It has a double face as both a freedom and a welfare right, although it is mainly the former. In order for it to be fully honoured the law has to provide an adequate frame, allowing and protecting the matrimonial union, correctly regulating the rights and duties it entails (without which the generic right to marry established in art. 16.1 of the Universal Declaration of Human Rights would become empty). Spanish legislation is far from abiding by that rule. In order to solve the problem, I propose a reform supplying a scale of matrimonial covenants with several degrees of reciprocal compromise. Unfortunately my advice will certainly be ignored by the the law-giver.