Same-sex partnership – a sleeper in BiH’s EU integration process
Same-sex partnership – a sleeper in BiH’s EU integration process
Author(s): Author Not SpecifiedSubject(s): Gender Studies, Human Rights and Humanitarian Law, Health and medicine and law, Family and social welfare, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Sarajevo Open Centre
Keywords: same-sex partnership; BiH; EU integration; LGBTI rights; ECHR ruling; ECJ ruling; Croatia; recommendations;
Summary/Abstract: In Oliari vs. Italy, the European Court of Human Rights decided that a state which fails to draft and vote on legislation that would recognize the status of family life union to stable emotional unions of samesex couples through a civil form of union with relevant rights and obligations, violates the rights protected by Articles 14 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. BiH should adopt and implement laws on same-sex partnership in all three jurisdictional units in charge for marital and family affairs (Republika Srpska, The Federation of BiH and Brčko District) which would legally recognize same-sex partnerships and define the rights and obligations arising from cohabitation of two persons in a samesex partnership (with a particular focus on social and economic rights). EU should address the issues of same-sex partnership in accession countries in the early stages of the process since the EU’s leverage is the highest during the pre-accession period.
Journal: Human Rights Papers
- Issue Year: 2016
- Issue No: 25
- Page Range: 2-8
- Page Count: 7
- Language: English