31 Jul Failure to formally recognize same-sex unions led to violations of the Convention

In the case of Fedotova and Others v. Russia (applications nos. 40792/10, 30538/14 and 43439/14) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

The case concerned the refusal to register the notice of marriage of the applicants, who are same-sex couples. 

The Court reiterated that Article 8 did not explicitly impose on States an obligation to formally acknowledge same-sex unions. However, it implied a need to strike a fair balance between the competing interests of same-sex couples and the community as a whole. There was also a positive obligation to set up a legal framework guaranteeing the effective enjoyment of the rights enshrined in Article 8. The Court noted in particular the impact on an individual when there is a discordance between the law and social reality, as in the present case. 

As regards same-sex couples, the Court reaffirmed that they were just as capable as different-sex couples of entering into committed relationships, with a need for formal acknowledgment and protection of their relationship. It was incumbent on the States to take that into account, and to strike a balance between their needs and those of community at large. The Court determined that there was no justification for the applicants’ not being able to place their unions on a legal footing. In particular, regarding the argument that a majority of Russians disapprove of same-sex unions, the Court stated that access to rights for a minority could not be dependent on the acceptance of the majority. The Court furthermore reiterated that giving the applicants access to formal acknowledgment of their couples’ status in a form other than marriage would not be in conflict with the “traditional understanding of marriage” prevailing in Russia, or with the views of the majority to which the Government referred, as those views opposed only same-sex marriages, were not against other forms of legal acknowledgment. It concluded that, in denying access to formal acknowledgment of their status for same-sex couples, the Russian authorities had gone beyond the discretion (margin of appreciation) enjoyed by them. As a result, the Court held that Russia had failed to meet its obligations under Article 8, leading to a violation of the Convention.

Reference from the official website of the European Court of Human Rights