2015

Abstract:Stable relationshipsbetween members of same-sex couples, entered into with the intention of commitment, are protected as“family life”under Article 8 of the European Convention on Human Rights. Article 12 of the Convention, concerning the right to marriage, may be applicable to same-sex marriages, but it does not impose any obligation on a State Party to grant access to marriage to same-sex couples. In the absence of marriage, same-sex couples have a particular interest in having the option to enter into a form of civil union or registered partnership, as this is the most appropriate way for them to have their relationship legally recognized and to be afforded the corresponding protection. The state’s failure to fulfill its positive obligation to provide same-sex couples with a specific legal framework for the recognition and protection of same-sex unions constitutes a violation of Article 8 of the Convention.

Keywords:Same-sex couples. Marriage. Civil partnership. Right to respect for private and family life. Right to marriage. Positive obligations of the state. European consensus.