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European Court Italy verdict opens door for gay relationship recognition across Europe
The European Court of Human Rights appears to have set a legal precedent in ruling that Italy had violated fundamental human rights by not providing legal recognition to gay and lesbian relationships that could now be used across the continent to force governments to provide some form of recognition to same-sex couples.
The court has jurisdiction over the 47 countries that have signed the European Convention on Human Rights and 23 of those still fail to provide any kind of legal status for same-sex relationships.
Those 23 countries include Eastern European anti-gay bastions such as Russia, Azerbaijan, Armenia and Turkey and they could now find themselves taken before the court and ordered to allow same-sex couples vehicles for registering their relationships.
In it’s Italy ruling the court did not find that same-sex marriage was a human right in Europe – only that legal recognition of same-sex relationships was so it would be up to those 23 countries to choose what form any legal recognition took.
Those countries could decide on any mix of civil unions or registered partnerships short of marriage – or some form of ‘de facto’ relationship recognition where a couple are automatically deemed to be in a legal relationship after a period of cohabitation.
The verdict has been welcomed by international LGBTI rights group Human Rights Campaign (HRC) Global who said it was indicative of a growing momentum towards reform around the world.
‘This ruling makes clear that same-sex partnerships deserve to be recognized, protected, and celebrated, and we urge all signatories to do so,’ HRC Global deputy director Jean Freedberg said yesterday in reaction to the court’s verdict.
‘From the victorious national referendum in Ireland in May to the historic ruling in the US Supreme Court last month, the momentum for equality reaches around the globe.’
‘By calling same-sex partnership recognition a right, the court has made clear to LGBT people across Europe that their unions matter and that their love is equal and should be treated as such.’
The verdict was also welcomed by the International Lesbian and Gay Association (ILGA) Europe Executive Board.
Paulo Corte-Real, Co-Chair of ILGA-Europe Executive Board, said:
‘While the [court’s] judgment is only legally binding on Italy, it signals a significant evolution in the [court’s] approach which now affirms the right of same-sex unions to be officially recognized,’ ILGA Europe board member Paulo Corte-Real said.
‘The Court pointed out that 24 of the 47 Council of Europe member states provide same-sex couples with protection and recognition; this is a trend that simply cannot be ignored. It will provide LGBTI advocates in the remaining Council of Europe states who do not recognize same-sex couples with compelling arguments for protection.’
Joyce Hamilton, Co-Chair of ILGA-Europe’ Executive Board, added:
‘We really hope this judgment will speed up the process of legal recognition of same-sex unions not only in Italy, but also in other … countries of the Council of Europe which currently do not legally acknowledge same-sex unions,’ board member Joyce Hamilton said.
‘We encourage politicians and law makers in those countries to reflect on the judgment and the realities of same-sex unions and to side with equality, respect and dignity for all couples.’
The 47 countries under the court’s jurisdiction have a combined population of over 800 million people and the only European country that is outside its jurisdiction is Belarus.
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Andrew Potts
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