THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE LEGAL RECOGNITION OF SAME-SEX COUPLES
THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE LEGAL RECOGNITION OF SAME-SEX COUPLES

Summary/Abstract: Legal treatment of family relations was long based on the traditional concept of family, as a union of two people of different gender, who raise children while married. Hence, the legal protection mechanisms were focused only on such unions while others, like same-sex partnerships, unmarried couples, couples without children and single parents, were left aside legal recognition and protection. This was reflected in not recognizing the right to private life, provided by Art. 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), to these untraditional unions. Notably, in the last decades, there has been a significant progress in overcoming the traditional concept of family and adjusting the law to the contemporary reality of family life. The activities of the European Court of Human Rights (ECtHR)are largely contributing to these efforts.

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