2015
Corneliu LIVIU POPESCU, Positive obligation of the state to legislate civil unions between same sex persons. Comment on the Judgment of the European Court of Human Rights - chamber of July 21st, 2015, Case of Oliari and others v. Italy, Applications nos. 18766/11 and 36030/11
Abstract: Stable and committed relationships between members of
same-sex couples are protected as "family life" under art. 8 of the
European Convention on human rights. Art. 12 of the Convention, concerning the
right to marry, can be applicable for same-sex marriage, but it did not impose
an obligation on a Contracting State to grant access to marriage to same-sex couples.
In the absence of marriage, same-sex couples have a particular interest in
obtaining the option of entering into a form of civil union or registered
partnership, since this would be the most appropriate way in which they could
have their relationship legally recognized and which would guarantee them the
relevant protection. Failure of a state to fulfil the positive obligation to
ensure that same-sex couples have available a specific legal framework
providing for the recognition and protection of their same-sex unions means
violation of art. 8 of the Convention.
Key-words: same sex persons, marriage, civil union, right to
respect for private and family life, right to marry, positive obligations of
the state, European consensus
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