Abdulaziz and Others v. United Kingdom

Nargis Abdulaziz, Arcely Cabales, and Sohair Balkandali (plaintiffs) were three women who were lawful permanent residents of the United Kingdom (the state) (defendant). All three women sought to have their husbands, who were citizens of other countries, either join or remain with them in the United Kingdom. The immigration rules in place, which were enacted in 1980 (the 1980 rules), reflected the state’s policy of protecting the labor market during a time of high unemployment. In that regard, the rules imposed more stringent requirements on immigrants expected to seek full-time employment, who were primarily men. The parties did not dispute that under the rules, it was easier for a man settled in the United Kingdom to obtain permission for his wife to join or remain with him than for a woman to do the same for her husband. Abdulaziz, Cabales, and Balkandali challenged the 1980 rules, contending in part that they violated Articles 8 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the convention). The state contended that the convention did not apply to immigration control, an argument that the European Commission of Human Rights rejected. The case was referred to the European Court of Human Rights, where the state argued that the measures were necessary to protect the labor market, advance public tranquility, and maintain immigration control.