FAMILIA ȘI CĂSĂTORIA „NECONVENȚIONALE”. A DEVENIT CĂSĂTORIA ÎNTRE PERSOANE DE ACELAȘI SEX UN SCOP ESENȚIAL AL U.E.?
“UNCONVENTIONAL” FAMILY AND MARRIAGE. HAS THE MARRIAGE BETWEEN SAME GENDER PERSONS TURNED INTO A MAIN E.U. GOAL?

Author(s): Carmen Oana MIHĂILĂ
Subject(s): Sharia Law, Administrative Law
Published by: Editura Pro Universitaria
Keywords: the right to marriage; same-sex partnerships; same-sex couples; transsexuals; ECHR;
Summary/Abstract: Gender equality and non-discrimination have been used in recent years in a way that raises many questions. Like the decades-long struggle for women to be treated equally with men, today the battle is being fought over the right of same-sex couples to marry. The system of rules has had to react very quickly to the changes, taking into account the new fundamental rights. We are witnessing a change in the view of the family, which has long since ceased to be about procreation. The redefinition of the concept of family, globalization and inclusion are high on the "agenda" of European officials. Is there something behind this agenda? Why has it become a "must have" to recognize same-sex marriages, why should gender self-determination be a mere administrative process? Is marginalization and discrimination so profound, or are we missing something else? The idea of acceptance is causing religion to cede the important position it has held until now. Will all the discourses articulated around the concepts of faith, tradition and cultural identity still have an echo? Do these categories of people, vulnerable groups, need to be taken into account in the creation of effective public policies? Is a national strategy such as the European one needed? There is a legislative and geographical scope, a dialog, which at times seems forced, between the countries lagging behind (in the adoption of effective protection rules) and the European Union. What is the appropriate national solution? Attempts to justify the rejection of the idea of legal regulation of same-sex marriages by appealing to notions such as the traditional family, unions that represent a social, cultural and legal heritage, no longer resonate with the Court, which holds, on the basis of Article 14, that the traditions, stereotypes and social attitudes prevailing in a given country cannot justify a difference in treatment based on sexual orientation.

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