Legalizing Separation: How the ECtHR Balances Christian Doctrine on Marriage and Human Rights
Legalizing Separation: How the ECtHR Balances Christian Doctrine on Marriage and Human Rights

Summary/Abstract: The paper explores the interaction between Christian doctrines and family law in the EU, focusing on marriage and divorce. It examines how courts handle conflicts between religious beliefs and civil law. Through case studies—Hämäläinen v. Finland, Pellegrini v. Italy (Application no. 30882/96), and Lautsi v. Italy—and literature review, the study shows that judges prioritize secular legal principles over religious doctrines. Although Christianity historically shaped family law, modern secularization and the emphasis on human rights, freedom, and equality have reshaped marriage, making divorce more accessible. Still, judicial reasoning often reflects rationality and fairness, which may at times align with religious values.

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