Positive obligation of the state to legislate civil unions between same sex persons. Comment on the Judgment of the European Court of Human Rights – chamber of July 21st, 2015, Case of Oliari and others v. Italy, Applications nos. 18766/11 and 36030/ Cover Image
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L'obligation positive des États de légiférer les partenariats civils entre les personnes de même sexe Commentaire à l'Arrêt de la Cour européenne des Droits de l'Homme – chambre du 21 juillet 2015, Affaire Oliari et autres c. Italie, Requêtes nos 18
Positive obligation of the state to legislate civil unions between same sex persons. Comment on the Judgment of the European Court of Human Rights – chamber of July 21st, 2015, Case of Oliari and others v. Italy, Applications nos. 18766/11 and 36030/

Author(s): Corneliu Liviu Popescu
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: C.H. Beck Publishing House - Romania
Keywords: same sex persons; marriage, civil union; right to respect for private and family life; right to marry; positive obligations of the state; European consensus;

Summary/Abstract: Stable and committed relationships between members of same-sex couples are protected as "family life" under art. 8 of the European Convention on human rights. Art. 12 of the Convention, concerning the right to marry, can be applicable for same-sex marriage, but it did not impose an obligation on a Contracting State to grant access to marriage to same-sex couples. In the absence of marriage, same-sex couples have a particular interest in obtaining the option of entering into a form of civil union or registered partnership, since this would be the most appropriate way in which they could have their relationship legally recognized and which would guarantee them the relevant protection. Failure of a state to fulfil the positive obligation to ensure that same-sex couples have available a specific legal framework providing for the recognition and protection of their same-sex unions means violation of art. 8 of the Convention.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 35-44
  • Page Count: 10
  • Language: French