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Discrimination in Case of Impotence

The Code of Law of the Roman Catholic Church contains an impediment to the marriage of impotence. It says that someone can only get married if the person can engage in sexual intercourse. To forbid marriage due to this reason poses discrimination for the people concerned because entering marriage is a fundamental and human right that cannot be exercised. This learning cycle meets the challenge to examine and eliminate the discrimination of people with a disability posed by the law of the Roman Catholic Church, by presenting information on:

i) the signing of the convention on the Rights of Persons with Disabilities by the Holy See with the consequence of a legislative adjustment

ii) the revision and discussion of the natural justice of the impediment to the marriage of impotence

iii) the discussion of the implementation/third-party effect of the fundamental rights


Stakeholder(s): Canon law experts, lawyers, social workers

SLHS Lead: Center for Comparative Constitutional Law and Religion (ZRV), University of Lucerne

Author: Sabine Baggenstos

Policy Brief: Download PDF

Key Messages: German, English, French, Italian

Summary of Stakeholder Dialogue: Download PDF

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