2023

DOI:https://www.doi.org/10.31178/AUBD/2023.06 

Abstract: Through a dynamic and evolving interpretation, the European Court of Human Rights has established new dimensions regarding the protection and legal recognition of same-sex unions, extending the scope of protection through the lens of the right to family life.Rooted in a conservative view of family models—limited to marriage between a man and a woman—the Romanian Civil Code does not permit any other form of union or registered partnership, whether between persons of the opposite sex or between persons of the same sex. Although a positive obligation to regulate could be inferred from the case law of the European Court of Human Rights (ECHR) with respect to the states parties, the Romanian state has been unable to shake off its inertia and opacity to respond appropriately at the legislative level by drafting legal provisions capable of ensuring legal recognition and minimal protection for same-sex couples. The judgment in Buhuceanu and Others v. Romania (which came as no surprise given the ruling handed down by the Strasbourg court) serves to shake up entrenched local mindsets, effectively forcing the changes necessary to bring Romanian legislation into line with European standards and requirements—a path of no return.

Keywords: family life; same-sex couples; legal recognition; positive obligations; sexual orientation; non-discrimination.