Europe’s human rights court is the same court which, in 1988, decided David Norris’ case against Ireland, which eventually lead to the repealing of Ireland’s criminalisation of certain homosexual acts between consenting adult men in 1993.
Romania breached same sex couples’ right to respect for private and family life under the European Convention for Human Rights for failing to provide a legal framework for the protection and legal recognition of their relationships according to the European Court of Human Rights (ECtHR).
Same-sex couples in Romania
The applicants in the case were 21 same-sex couples. They were all Romanian nationals living in Romania. The couples had been living together for varying lengths of time when they respectively gave notice to their local registry offices of their intention to marry. Those requests were rejected as being contrary to Romanian Civil Code.
Bringing their claims to the ECtHR, the couples all claimed that the Romanian state was violating their rights because it was impossible for them to enter together into any type of legally recognised union in Romania. Therefore, they had no means of legally safeguarding their relationships and family life.
The Court agreed, issuing its decision in late May, and determined that Romania had breach the couples’ right to respect for private and family life under the ECHR.
Court’s ruling
The court’s ruling does not signal a shift in direction for the human rights court. It does, however, offer further protections and rights European-wide. The court is a body of the Council of Europe, which has 46 member states. It has much further reach in Europe than EU institutions.
The Court reiterated that the party states are required to provide a legal framework allowing adequate recognition and protection for same-sex relationship. A similar ruling was reached in the court’s judgment in Fedotova v. Russia. States have some discretion, known as the margin of appreciation, but this related to the form and type of recognition and protection. The human rights convention requires that recognition and protection be granted in some form, which Romania has failed to provide.
Although the ruling will not have significant ramifications for countries such as Ireland, other member states of the Council of Europe should take steps to ensure they are operating in line with convention requirements.
The ECtHR is the same court which, in 1988, decided David Norris’ case against Ireland, which eventually lead to the repealing of Ireland’s criminalisation of certain homosexual acts between consenting adult men in 1993.
