The essence of the decision:
The European Court of Human Rights ruled on cases brought by same-sex couples against Poland regarding the lack of legal recognition of their relationships. The Court found that Poland violated Article 8 of the Convention by failing to provide a legal framework for recognition and protection of same-sex unions. The cases concerned both the general impossibility to formalize relationships and specific refusals to issue marriage eligibility certificates for marriages planned abroad.
Structure and main provisions:
1. The Court joined two applications (nos. 78030/14 and 23669/16) due to similar subject matter.
2. The main focus was on Article 8 violation (right to respect for private and family life).
3. The Court reaffirmed that member States must provide legal framework for same-sex couples’ recognition and protection, referring to Fedotova and Others v. Russia case.
4. While States have margin of appreciation in determining the exact nature of legal recognition, the protection must be adequate.
5. The Court dismissed Poland’s arguments about social and cultural background as insufficient to justify the complete lack of legal recognition.
Key important provisions:
1. The Court confirmed that same-sex couples in Poland are left in a “legal vacuum” without any form of official recognition.
2. The decision emphasizes that the need to apply to courts for protection of ordinary needs is an obstacle to respect for private and family life.
3. While the Convention does not require States to allow same-sex marriage, they must provide some form of legal recognition for same-sex unions.
4. The Court found that finding of violation constitutes sufficient just satisfaction, without awarding monetary compensation.
5. The decision builds upon previous case law (Przybyszewska and Others v. Poland) confirming systematic violation of same-sex couples’ rights in Poland.
: This decision has implications for Ukraine as it reinforces the European legal standard requiring some form of legal recognition for same-sex couples, which is currently absent in Ukrainian legislation.
