Recognition of marriage between persons of the same sex in the case law of the European Court of Human Rights Cover Image
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Recunoaşterea căsătoriei între persoane de acelaşi sex în jurisprudenţa Curţii Europene a Drepturilor Omului
Recognition of marriage between persons of the same sex in the case law of the European Court of Human Rights

Author(s): Emanuel Tăvală
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: family; marriage; unmarried couples; couples made up of persons of the same sex; art. 8 of the European Convention of Human Rights;

Summary/Abstract: The legal regulation of family relationships has long been formulated around a „traditional” religious notion of the family as a unit comprising a heterosexual married couple who conceive children within wedlock. This has resulted in the protection mechanisms of the law focusing on such family units, with other family forms such as same-sex couples, unmarried couples, couples who are unable to conceive naturally and single parents failing to have their family relationships adequately recognized and protected in law. This often included not recognizing “non-traditional” families’ rights to respect for their family life under Article 8 of the ECHR. In the recent decades there has been progress in dispelling the traditional notion of family and in adapting the law to the modern realities of family life. In this article we will try to present the historical evolution in the socio-cultural European context with its implications on the law ad of the life.

  • Issue Year: 2018
  • Issue No: 03
  • Page Range: 402-412
  • Page Count: 11
  • Language: Romanian
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