AU-DELÀ DES FRONTIÈRES : QUAND LA COUR DE STRASBOURG DÉFIE LA RUSSIE SUR LA RECONNAISSANCE DES UNIONS HOMOSEXUELLES À TRAVERS L’AFFAIRE FEDOTOVA ET AUTRES C. RUSSIE
BEYOND BORDERS: WHEN THE STRASBOURG COURT CHALLENGES RUSSIA ON THE RECOGNITION OF HOMOSEXUAL UNIONS THROUGH THE FEDOTOVA AND OTHERS V. RUSSIA CASE

Summary/Abstract: The judgment discussed in this contribution marks a turning point in the protection of the rights of homosexual couples in Europe. The Grand Chamber of the European Court of Human Rights upholds the Chamber judgment, in which Russia was condemned for its refusal to legally recognise same-sex unions. By this judgment, highlighting the tensions that exist between Russian cultural values and European standards, the Strasbourg Court has sent a strong message to the other Member States of the Council of Europe, which continue to show resistance. By insisting on the impossibility of justifying violations of rights and freedoms by a necessary safeguarding of national cultural traditions, the European judges confirm the existence of a conventional protection in this area, which the States Parties must respect.

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